Submit ZIP Code

Got a Quick Question?

(120 characters remaining)
100% Anonymous. Free Answers.

Can a judge impose bail at an arraignment?

This is for a misdemeanor charge in California. The defendant was arrested and then released by police without having to post any bail, but promising to appear in court.

Will the judge impose bail at arraignment or will the defendant continue to be free without posting bail?


Click here to get answers from a local criminal defense attorney
    Eric Sterkenburg | Law Office of Eric Sterkenburg
    16478 Beach Boulevard, No. 329
    Westminster, CA 92683
    (562) 477-6940
    The arraignment is the time for a defendant's bail to be addressed. The defendant can request that it be reduced or for it to be changed to an OR release. The prosecution can request at the same hearing for bail to be imposed or increased.
    Answer Applies to: California - Replied: 9/8/2013
    Peter Goldscheider | Law Office of Peter F. Goldscheider
    438 Cambridge Ave. Suite 250
    Palo Alto, CA 94306
    (650) 323-8296
    Yes. He can set bail and even take a person into custody at that time. If there is any chance that that could occur it is best to have a bailbonds company all lined up to bail you out on short notice.
    Answer Applies to: California - Replied: 9/7/2013
    Edward J. Blum | Law Office of Edward J. Blum
    3699 Wilshire Blvd.
    Los Angeles, CA 90010
    (213) 479-5322
    The State has to show a change in circumstances that would warrant the imposition of bail.
    Answer Applies to: California - Replied: 9/6/2013
    Geoffrey M. Yaryan | Law Office of Geoffrey M. Yaryan
    74-075 El Paseo, Suite A-14
    Palm Desert, CA 92260
    (760) 779-9666
    In most cases a judge will continued a defendants promise to appear in court, although he does have the discretion to set bail in selected cases where there is an argument that the defendant poses a threat to society, or there is evidence of being a flight risk.
    Answer Applies to: California - Replied: 9/6/2013
    Jared C. Winter | Law Office of Jared C. Winter
    385 Grand Avenue
    Oakland, CA 94610
    (510) 903-8090
    The judge can impose a bail, or allow the person to remain free on their own recognizance with a promise to appear. Both options are available.
    Answer Applies to: California - Replied: 9/6/2013
Click to View More Answers:
1 2
Can't find the question you're looking for? Ask it?
Need personalized legal advice right now? Connect!

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. Total Criminal Defense does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.