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Can they release you from jail at an arraignment?

Bakersfield, CA |

my bf's been in jail for like two weeks for possession of marijuana sales this is his first time,

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Attorney answers 3


There are two arraignments. 1st when the person is arrested, they are brought to court and arraigned on a complaint. After the preliminary hearing they are brought to court for an arraignment on the Information. They could technically get arraigned on an Indictment was well.

Anyhow, if this person has already been to court and the issue of bail and release have already been addressed, then the likelihood of being released is slim. If this is their first court date on the charge, then its much better they can get out.

If you or he can afford an attorney, he needs one. Marijuana sales cases are prosecuted aggressively in Bakersfield. If he cannot afford one, he needs to ask for an attorney when he goes to court.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


The answer is yes, instead of requiring him to post bail, the judge may allow him to be released on this O.R. or honor bail. An attorney can help get your Boyfriend out of jail by either seeking a bail reduction or an O.R. release.


The technical answer is "Yes," but in Kern County he will not be released without posting bail.

Feel free to give me a call for a bail bondsman recommendation and/or for a free consultation.

Joel Lueck
Attorney at Law