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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3164
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In salinas california; I am settling a issue in court regarding

Customer Question

In salinas california;
I am settling a issue in court regarding a charge of having grug paraphernalia. It was a misdemeanor and I'll do a drug program to have it eradicated.
I was arrested again THROUGH SHEER BAD LUCK NOT THRU ILLEGAL ACTIVITIES, and BITH the charges brought against me when arrested are dropped and now being dropped.
However, at my arraignment the DA (or judge) decided to charge me with breaking my word (I was released on my own recognizance on first arrest, and signed a paper saying I wouldn't break any laws till the issue was decided in court. ) so I KNOW I will be cleared of all charged. But I have to pay $2000 bond ($20,000 bail) for the charge of BREAKING THE LAW DURING THAT PERIOD OF AJUDICATION. I will be cleared of both charges of the second arrest, showing I did not break my word or the law. HOW THE HELL CAN THE JUDGE/DA charge me with breaking the law, force me to pay 2K or be arrested, before I am convicted? I WON'T BE CONVICTED- 100% certainty. But I have to pay the bond. My lawyer seemed shocked when the judge added this charge and said PAY OR GET ARRESTED. But after court she said he could and often did exactly this. SHOULD SHE HAVE ARGUED SOMETHING SO I DONT LOSE THE 2k to bail bond ? Is this common? Is there a way to fight it? IT'S ILLOGICAL, nonsensical, and STUPID!!! These are my only infractions in 40 years on this globe. Save me my 2K!!!!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of your experience. I understand why you are so upset over this.

I can tell that you were very upset when you posted your question.

Please clarify: do you still seek information assistance through JustAnswer?
Customer: replied 5 years ago.
Yes. PAid and all.
Expert:  JB Umphrey replied 5 years ago.
Thank you.

Now, please correct me if I am wrong but, as I understand it:

1. You are currently on probation for a drug charge. You are enrolled in a drug program. When you successfully complete it, the charge will be dismissed?

2. You have since picked up a new charge for possession of paraphernalia. For the new charge, the judge set bond at $20,000 10%.

Do I have it right so far?
Customer: replied 5 years ago.
First arrest: drug paraphernalia- arrested, released on own recog. Signed paper saying I wouldn't break laws while waiting for plea/ verdict/ dismissal. Will do some drug program so it won't go on record.
Damn SECOND ARREST- coppers pulled us over found drugs outside the car. As they weren't ours, arrested but charges never filed. I had fake money, SO OBVIOUSLY FAKE- THE ARRESTING OFFICERS SAID SO IN OFFICIAL ARRST REPORT. I was going to do something with it at nieces 4th B -day. all three sniff tests, cut, texture , print, are way off. White margin is all on one side, bills are orange and green and are wrong design, feels like waxy cloth. I did not attempt to spend ANY of is, as I'm not an asshole. The coppers didn't file - but the DA did. My lawyer says she is certain it will go away.
But at second arrest arraignment, now only charge is having counterfeit, judge says NEW CHARGE, I broke my agreement not to break the law. ( not actual probation, just promised not to break law and signed like document). The judge upped my bail from 10k to 30 k- for breaking my word and the law, which I said I wouldn't till the first , paraphanalia ARRST / charge settled. I WILL ALSO BE CLEARED OF COUNTERFITTING, my " breaking the law / my word" but I immifiately have to do a 2K bond or be arrested. Since 3 lawyers are sure the COUNTERFITTING won't stick, why is that judge forcing me to give away 2K to a bail bondsman? My lawyer seemed surprised and disturbed to hear this new charge, added bail. But she didn't argue against it. She said after court it was common. WELL, if I get off on COUNTERFITTING , no laws broken. The police were overzealous. SHOULD/ COULD MY lawyer HAVE TRIED TO STOP THIS "pay 2k immidiately or be arrested, " I know pretty certainly I will be proven innocent on the remaining COUNTERFEITING but I WILL loose 2K because I was suspected of breaking the law and my word not to break laws. IS THERE A WAY FIR MY LAWYER TO STOP THIS BAIL INCREASE? Should she have spoken up? Am I like a mini- probation /parolee, where suspicion screws me? What could my attorney have done? This is money FOR NOTHING.
Expert:  JB Umphrey replied 5 years ago.
Thank you for the context.

Now, I understand that I was not there in court when all of this went down.

And I also understand that I was not there with you when the police stopped/arrested you.

Understanding that, would you like for me to explain to you why your attorney did not do anything wrong/incorrect and why the judge had the legal discretion to set the $2,000 bond?
Expert:  JB Umphrey replied 5 years ago.

I'm just following up with you to see how everything is going. Do you still seek information from JustAnswer?

Let me know.