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Does DA have a time frame to submit bail enhancement on secondary charge .Primary still pending

Sonora, CA |

Charged with 182(a)(1) ,459,Out on bail in court was remanded for 136.1C on co defendant .Co defendant plead guilty to charges and written affidavit stating i had no prior knowledge of criminal activity.DA still pursues charges.9 months later,One week before trial DA submits for bail enhancement.Is there a time frame that charges should be filed.There has been 4 different DA working on my case.Is that proper procedure.

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Attorney answers 4

Best Answer
Posted

It sounds to me (apparently I'm the only one) like you are saying the DA added an "out on bail enhancement" to add a further potential 2 years to your felony sentence, and NOT that they are trying to raise your actual bail. Such an enhancement is proper when you commit one felony while being out of custody on another felony. There is no specific time frame for filing this enhancement except for the statute of limitations on the underlying crime. In your case that would be more than two years from when it happened. This oftenhappens when multiple prosecutors pass around a file and someone thinks additional charges should be filed. It's a risk you run for not settling early given your situation. Your attorney should have warned you that they might do this.

Posted

Sounds like the DA is perhaps being malicious, but that's a matter for your attorney to argue. Any change in bail requires a "change in circumstances."

San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

Posted

There needs to be a change in circumstances since bail was last made. If not then the prosecution cannot ask for an increase in bail. In addition, if your attendance record is perfect then that should be brought up to the court.

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.

Posted

Unless the da has new evidence of witness intimidation, it's not clear what the basis would be to increase bail. You should be talking about this with your lawyer- I believe the 136 is a strike and this is turning into something more serious than what was originally charged.