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If I'm arrested for a felony DUI but then charged with misdemeanor shouldn't or can my bail be lowered to suit the charges?

San Diego, CA |

I had 100,000 dollar bail. I paid the 10% with 2000 down and 8000 on a promissory note to the bail bondsman. The DA said thats the bail statue for a felony DUI. I wasn't charged with a felony it came back as a misdemeanor...can they still hold me a felony bail? Basically will they lower the bail and return the difference to the bail bondsman?

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Attorney answers 6


you should have the bail reduced . you need a san diego attorney such as
myself. it was unclear if you have been arraigned or just found out the the
case would be charged does a misdemeanor dealing with the bailbondsman may
be a problem it depends on the bondsman whether or not he will let you out
of your contract since he didn't post the felony bail amount to secure your
release contact me about your case if you decideto contact an attorney

Manny Daskal

Manny Daskal


I agree with these 3 gentlemen. There are really good local DUI attorneys to help you and I'd start with the ones listed here. Additioanl source would be to check the California Dui Lawyers web site as these are a listing of some of the best in the state and in your area.


Did your attorney make a motion to reduce bail? Even if they did it is unlikely the bondsman would give you any money back. It depends on the terms of your contract with the bondsmand. Unfortunately, they usually have a standard contract that covers these situations. Many times they offer a discount if you get a private attorney. You should hire a DUI attorney to fight the case anyway.

Mike Norton


I agree with what my colleagues have said. It will depend on the terms of the contract with the bail bondsman. It is possible to get the money back if he hasn't posted a felony bond. You should hire a local DUI attorney to help you through the process.

Chris Sohovich


Your attorney should make the pitch to reduce bail, then it would be between you and your bailbondsman.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


A good attorney should be able to assist you In getting the bail amount that you owe the bondsman reduced to whatever the amount is that is acceptable to the court. One of us local Avvo criminal defense attorneys should be able to assist you in this type of situation.

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at


I agree with my colleagues as well. Your attorney should be able to assist with the issue.
Good luck.

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