It is always a possibility to be let out OR, even on a felony DUI with injury. However, do not bail him out until after arraignment if you need to bail him out.
Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.
1. He could be released OR at the arraignment. It depends on the judge and your husband. It is advisable to get an attorney make a strong argument for OR. In order to do that one will want to help show that he is not a flight risk nor a threat to public safety. It would require showing his strong ties to the community and that he wouldn't be in a position to get in trouble again. A local lawyer could tell you what would be the best arguments in your husband's case.
2. No lawyer can predict if he will be convicted of felony DUI. Again, a hired lawyer or public defender would be able to give you a rough idea of the probabilities once they knew more of the facts of the case.
3. The consequences are severe in California, as elsewhere, for a felony conviction. Not only will he face possible jail time, fines, classes (all adding up to considerable expense), but he will have to contend with a felony conviction for potentially the rest of his life and all of the consequences surrounding that.
It is "almost" impossible to get an OR for a felony DUI reason being is that he is deemed as a "danger to the community" even with his clean record but it does not hurt to ask. Do not bail him out yet, not until after arraignment because there is a possibility that the bail could change.
The consequences are very serious. He is looking at state prison time depending on the severity of the injuries to the victim of the crash.
Hire an attorney for him so that he gets the best possible result.
The prosecution will argue that the husband is a danger to the community, which the judge will typically agree with so you need to come out with a strategy that will be satisfactory to the judge to release the husband on bail. There are plenty of options available, so my advice is not to attend the arraignment with the belief that it will be a slam dunk or it will be impossible. This will need plenty of time to prepare for the bail hearing, so lawyer up today. Good luck.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
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