Will i be arrested at my pre- arraignment

Asked about 1 year ago - City Of Industry, CA

i was called by phone from sheriffs dept detective wanting me to come in for questioning about a crime and i agreed to go.went in and ask me few questions then allowed me to leave and said will just see what the da's office says. i received a letter saying a complaint has been filed against me and gave me a court date. will i be arrested when i appear on the court date

Attorney answers (6)

  1. Ian Michael Wallach

    Contributor Level 8

    4

    Lawyers agree

    Answered . I agree with the prior attorney's answers. I'd add a few things. First, if the letter is from a City Attorney's office, then it's a misdemeanor. If the letter is from a District Attorney's office, it's either a misdemeanor or a felony, but letters are rarely sent for felonies. Second, by making a quick phone call to the Public Defender's office at the Court where the arraignment is scheduled, you might learn whether it's a felony or misdemeanor charge and if bail has been set, but be really really polite (they are not obligated to help, but might). Third, whatever you do -- make sure you go to the hearing and show up on time and dress as professionally as you can, as all of these factors will be taken into consideration by the judge or bench officer who decides whether or not to set bail. While there are no promises, the normal rule is "Walk In, Walk Out."

  2. Wade Jonathan Skalsky

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Is it a felony or a misdemeanor? If it is a misdemeanor you probably will not have to post a bail. If it's a felony, however, the court may require you to post a bail so you aren't remanded (taken into custody). You should contact an experienced attorney who can help you through this process. Without having more specifics of your case it's difficult to say much more than that.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon... more
  3. Joseph Salvatore Farina

    Contributor Level 17

    3

    Lawyers agree

    Answered . I agree with Mr. Skalsky that if its a misdemeanor, you probably won't need to make bail. But if it a felony, you probably looking at having to post bail. Really depends on the nature of the charges, although it sounds like an arrest warrant was not issued. I would talk to a bail bondsman and see if they show that a bail has been set in your case. If so, you'll need to arrange for a bail before you getting arrested at court. And you should talk to an attorney as well.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more
  4. Seth Andrew Weinstein

    Contributor Level 15

    3

    Lawyers agree

    Answered . It depends. If the case is a misdemeanor that allows an arrest by citation, then you will likely not be taken in and remanded into custody to post bail. If the case requires a bail bond or requires you to submit your fingerprints and mugshot, you will go into custody. Your chances of not being taken into custody are much higher if you go to court with an attorney. If the case is a misdemeanor and you hire an attorney, you may not have to go. Feel free to give me a call if you have any questions.

    Seth Weinstein, Esq.
    Los Angeles Criminal Defense Attorney
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  5. Michael R Crosner

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I would be pro-active & retain a local criminal attorney prior to the appearance date - that way you will be fully prepared & give the attorney time to begin investigation of the charges ; and assist you in making arrangements for bail if necessary.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  6. Brian Russell Michaels

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Dear god.. Why? You provided no information about the nature of the case or what charges we would expect in order to answer the question of will I be arrested. If you have a notice to appear and not a warrant that is clearly a strong indicator that you won't go to jail that day. But other factors could come into play. First, don't speak to any more police officers. Next, get an attorney right away. You have a criminal case pending. Whether you are taken into custody at arraignment, an unlikely event, you will be looking at jail at some point. Speak to a private lawyer. Many of us give free consults. Feel free to contact us.

    Brian Michaels
    Los Angeles County Criminal Defense
    www.socalcrimdefense.com
    3109919179

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,183 answers this week

3,126 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,183 answers this week

3,126 attorneys answering