Can you? Yes.
Will you? Who knows....leaning toward probably not.
Only after reviewing the entire case and talking to the DA can a lawyer tell you what your chances of OR may be.
Your boyfriend has some hard choices to make ahead of him. Only he can decide what is best.
I reccomend speaking with an attorney where the case is pending.
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It is possible for your boyfriend to be allowed to remain out of custody on his O/R. Generally in San Bernardino though, someone charged with a violent felony (which 459 with a person present is) would be taken into custody at the arraignment, and bail would be set. The judge is able to make a finding of "unusual circumstances" and lower bail or release him O/R. The best chance you'll have at an O/R at the arraignment will be to hire an attorney to appear at the arraignment, and have him argue for the O/R. If your boyfriend shows up alone, he'll be most definitely be remanded. It's important to note that you don't get a public defender at arraignment. I highly suggest you consult a lawyer as soon as possible, so they they'd have enough time prior to the hearing to put together a good case for lower bail or O/R release. Many lawyers here on Avvo offer free consultations.Ask a similar question
Without an attorney, he doesn't stand much of a chance.
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Yes. You can be released on your own recognizance. As with all bail arguments pursuant to Penal Code Section 1275, a variety of factors come into play, including, but not limited to, criminal history and connections to the community. It is always best to hire an attorney who will notify the Court and Prosecution that he will show up in court willingly. This will also help him secure favorable bail.Ask a similar question
Yes, it is entirely possible to be released on OR. Your chances of success increase dramatically with a lawyer.Ask a similar question
It is possible but not likely. You have a better chance if represented by counsel. Chances are that you will have to post bond.Ask a similar question