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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23176
Experience:  Active member of the NYS bar since 1989
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The case is in modesto ca. Stanislaus county. And the

Customer Question

The case is in modesto ca. Stanislaus county. And the situation is kinda confusing for me. Someone was arrested for : 496 (D)pc,1250p (A)vc,1203.2 pc,11377 (A)H&S ,and 113y4 (A)H&S. they had court yesterday morning (I was not present)but later when I looked up this case there was only the 2 (H&S) charges. And the case number ***** those two charges were pertaining to a prior case in 2015,were the inmate was released on an (OR) own recognises,and then when the next court date came up was late so they missed their name being called so in the courts eyes it's considered an (FTA) and that was left as that and the person from then on hadn't been in no trouble since then until now. Now this is where I get confused, now with the new prop47. Law the H&S charges are recognized as misdermeanors,mind you that the prior case that they are being heald on is for the exact same thing possession of and possession of paraphanelia. Now at first the bail amount was 125thousand,after court that day the bail went down to only 25thousand, and I understand why they were not released with an (OR)because of the prior incident were the (FTA)was picked up,so now there is a court date for tomarrow on the 2 (H&S) charges, what I'm not understanding is why the jail is even continuing to hold this person when typically they will not hold you if it's just a misdermeanor. So my problem is I was wanting to bail them out but not sure if I should or not. So I would like a professional opinion on how it looks. Will the judge release them tomarrow or not ?
Submitted: 2 months ago.
Category: Legal
Expert:  Zoey, JD replied 2 months ago.


I would not expect the judge to release this defendant tomorrow, unless he takes some kind of a plea that resolves his case with credit for time already served.

Any time a defendant warrants and even when that warrant is ultimately lifted by the judge, the fact that there was at one time a warrant for a failure to appear remains on his criminal record remains on a defendant's criminal record.

One major thing a judge takes into consideration when setting bail is whether a defendant is a flight risk. In the eyes of many judges, a client with any kind of a warrant history is considered a flight risk and many judges will set bail on him, even on a misdemeanor case to ensure that he will come back to court.

$25,000 is misdemeanor level bail, and high enough so that if the defendant can bond out, he's apt to be responsible enough to return to court. I don't see any reason from your fact pattern that the judge would want to further reduce bail. He knocked $100K off of the original determination, but he has reason not to trust the defendant.

If you want to post bail for him, you know him better than I do, so only you will have a sense of whether he's going to warrant again or not. But in my experience, the only way he'll get out is if someone posts bail for him, unless there's some major break on his case that's not presently foreseeable.

Expert:  Zoey, JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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