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Will i be arrested at my pre- arraignment

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

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Attorney answers 6

Posted

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 as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.

Posted

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 responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

Posted

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."

Posted

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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

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 factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

Posted

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

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