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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21343
Experience:  Handle criminal matters in both state and federal courts.
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Penal code 220.39- felony -has had prior arrest..and bail is

Customer Question

Penal code 220.39- felony -has had prior arrest..and bail is set at $2500.00...if cannot come up with bail....then what happens?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II :

Hi

Please tell me how the bond was set? Was it by a magistrate or was it at an initial hearing

Customer:

from my understanding...hearing..in court..

Samuel-II :

Thank you. In that case, then if the bond is not met, he will stay incarcerated until his trial date or until the bond is paid. Please keep in mind, that if you pay a bond

Samuel-II :

It may preclude him from the services of a public defender

Samuel-II :

So, I suggest you keep that in mind. Because if you can afford a bond, then in the court's eye you are able to afford a private attorney.

Customer:

i see...how long would the incarceration or trail date....

Customer:

can he be in jail for more than 10 days?

Customer:

are we done..?

Samuel-II :

Yes, he may be in jail more than 10 days

Samuel-II :

The trial date will be whenever the District Attorney is ready and cant get it on the docket. But his public defender

Samuel-II :

may file for a speedy trial, which is 180 days

Customer:

I am not season in these type of affairs....is this penal code a serious one?

Samuel-II :

Of course, the DA can oppose that, stating they are not ready to proceed, request an extension and be granted the same

Samuel-II :

Here is the law

Samuel-II :

§ 220.39 Criminal sale of a controlled substance in the third degree.
A person is guilty of criminal sale of a controlled substance in the
third degree when he knowingly and unlawfully sells:
1. a narcotic drug; or
2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
acid diethylamide and has previously been convicted of an offense
defined in article two hundred twenty or the attempt or conspiracy to
commit any such offense; or
3. a stimulant and the stimulant weighs one gram or more; or
4. lysergic acid diethylamide and the lysergic acid diethylamide
weighs one milligram or more; or
5. a hallucinogen and the hallucinogen weighs twenty-five milligrams
or more; or
6. a hallucinogenic substance and the hallucinogenic substance weighs
one gram or more; or
7. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
the preparations, compounds, mixtures or substances are of an aggregate
weight of one-eighth ounce or more; or
8. phencyclidine and the phencyclidine weighs two hundred fifty
milligrams or more; or
9. a narcotic preparation to a person less than twenty-one years old.
Criminal sale of a controlled substance in the third degree is a class
B felony.

Customer:

omg...can he stay in jail until a trail date.....?

Samuel-II :

There is a maximum sentence of 9 years, if found guilty. Yes. If no bond is posted, he remains incarcerated

Samuel-II :

until the trial date.

Samuel-II :

At this point, I suggest he will want to be sure to put his name on the list to have the Public Defender come see him.

Customer:

if the inmate is also addicted to the drugs...can the family member request....rehab instead in jail if convicted....being that he has had prio arrests???

Samuel-II :

Yes. Rehab should be mentioned to the public defender and then the PD will try to get the District Attorney to agree to it.

Customer:

this sounds very serious to me....is it?

Samuel-II :

It could be. As I said, it carries a maximum of 9 years.

Samuel-II :

But as a first offender, who has an addiction problem

Samuel-II :

A deal can be made with the District Attorney

Samuel-II :

Such a deal could mean he could be placed into a rehab facility.

Customer:

in new york ....felony b , c etc....what does this mean?...when is it possible to speak with a DA....

Samuel-II :

You cannot speak to the DA. Nor should he. He needs to speak to the Public Defender

Samuel-II :

The class of felony is a breakdown based on the serverity of a crime and thus how penalty is established

Customer:

i see......public defender....so he is to put himself on a list....and this depends how long the list is...?

Samuel-II :

No

Samuel-II :

He should be able to see a public defender within a day or so.

Customer:

So.....B...is somewhat serious...?

Samuel-II :

He can talk to the case manager in the facilty where he is being held

Customer:

why did the bail come out so hight...usually it is around $1,000.00?

Samuel-II :

It carries a penalty of up to 9 years.

Samuel-II :

Bail is based on flight risk, if the person is a threat to society or themselves. I cannot tell you why it is set how it is. There are many factors.

Customer:

wow.....well..at this point....this person...has prior arrest...has been arrested various time...and on top of that he is addicted..this is something that a judge would look at and not to mentioned the D.A...does not look to good..?

Samuel-II :

I cannot predict any outcomes. I can only provide information and guidance.

Customer:

i understand..i am just flabbergasted..on this......well...in a nutshell..he needs to speak with a public defender..and work his way through this...one question...can he request through the public defender....if the judge can send him to rehalb..would that be consider pleading guilty?

Samuel-II :

Yes. It would be a guilty plea

Samuel-II :

And the Public Defender may be able to get the District Attorney to agree to such a deal

Customer:

ok....thank you...Samuel...i will try to see..if he the (inmate) would agree...coz..at this point i do not feel ...this will end here....thank you for your assistance to this...You made it easy for me to get a better basic understanding..

Samuel-II :

I am sorry you are experiencing this.

Samuel-II :

I wish the best for you and the defendant

Samuel-II :

If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

Customer:

Thank you.....truly...this is very emotional and stressful....

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21343
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 9 other Criminal Law Specialists are ready to help you

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