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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116710
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I've just received a 'Initial Complaint' notice

Customer Question

I've just received a 'Initial Complaint' notice to appear in San Mateo, CA Court.
The notice is asking me to pre-book at the local jail. They just listed a single PC 508. I know it's for embezzlement.
1. Why do I need to pre-book at the local jail?
2. Will they arrest me when I appear in court or will it be an arraingment?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer.

The pre-booking is to enter you into the system. If you've ever been booked before, it should go quicker then if this is your first time. Your fingerprints are converted to a digital code and then compared to a database of many people to verify there are no outstanding bench warrants for your arrest. This is often what takes a long time. If your fingerprints are already "in the system," this will take less time. There is also some paperwork to fill out.

The court appearance is an arraignment, where you would enter a plea of guilty or not guilty to the charge (if you retain a lawyer, they may be able to enter the plea for your without you needing to be present).

If you need clarification or additional information, please reply and I'll be happy to assist you further. Thank you.

Customer: replied 1 year ago.
I am actually already on probation, also for embezzlement PC508 from another county. Will this affect the judge's decision to arrest me and put me in jail right away?
Is there a chance that I will get arrested when I appear in court? I had the company credit card and was embezzling groceries and gift cards when I bought groceries to stock the kitchen at work. I'm an office manager.
Expert:  RobertJDFL replied 1 year ago.

It's possible. Once it's in the system,your probation officer should receive notice of the charge, and this could be considered a violation, so a judge does have the authority to put you in jail for the violation. They don't have to --it's not mandatory by law --they could extend your current probation for example, or put you on house arrest, etc. --but they could. Not to sound cliche, but you definitely need to speak with a lawyer in your area as soon as possible about the new charge and the fact that you're on probation right now.

Customer: replied 1 year ago.
during my initial court appearance - the arraingment, the judge would have already known I violated my probation and can arrest me immediately? What are the chances that he/she will arrest me during arraingment in San Mateo County?
My probation officer is really cool, during the two years probation, he only wanted to see me once and that was the initial meeting.
Are they required to take some kind of action against me since I've violated probation?
Customer: replied 1 year ago.
Also why would they advise to not bring anything to the booking at the county jail? They said to just bring the notice and an ID Card. It seems they are going to arrest me during booking....
Expert:  RobertJDFL replied 1 year ago.

I'm going to opt out in favor of a California attorney who may be better able to assist you. You have not been charged for this communication and your question is back on the main question list so that other experts can see it and respond to it if interested. You do not have to remain online as you will be notified when an expert does answer you. Please do not rate my answer but save it for the expert who is able to fully assist you. There is no need to reply to this message as doing so will make the system send the question right back to me, where other experts cannot read it.

Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor has opted out.
The reason they tell you to bring the notice and ID only to the jail for pre-booking is because you cannot bring in much property to jail and anything you bring they have to confiscate and account for and put on the property books and then release it to you again when released. It is just more work for them.
As far as your probation, if you are arrested on another charge, it is up to your probation officer to file a probation revocation warrant on you to ask the judge to hold you on the probation violation. If the probation officer does so, then it is up to the judge to decide whether to release you or set a bond or hold you in jail until the outcome of the new charges. Typically, on an incident like this, it would not be jail but a bond would be set or you would be released on your own recognizance.
It is entirely at the discretion of the judge here as to whether or not they will keep you in jail. Most times, as I said, the prior offense and the probation issue would at least in them setting a bond for you.
If you engage an attorney prior to going to court, then they will make arrangements ahead of time with the prosecutor and the judge and they will know before you even show up in court what the judge will agree to do and whether or not the probation officer is insisting on your being held on the probation violation or will agree to you being released pending the outcome of the new charges.
Customer: replied 1 year ago.
Just to confirm - the jail will not hold me when I go in for booking, is that correct? Usually how long does booking take?
When I show up in court, the judge, DA, and probation officer would all have known I violated probation, is that correct?
Is the probation officer required to make a suggestion as to whether to hold or release me?
When you say bond, does that mean a bail amount? How much usually?
I was under the impression that my court date was for an arraignment and it us there that I plea guilty or not guilty and then there will be another court date for probation violation?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
From what you provided above, it is merely a pre booking and once they get the information from you and put you in the system, then they release you to go to court. Then it is up to the judge in court and the DA to decide whether to set bond or hold you. Most cases, they will set a bond.
The probation officer has to submit a probation violation to the court and then up to the judge to decide whether to hold you on that or to release you pending the outcome of the case.
Bond is to be reasonable and decided by the judge, so what he sets is based on the seriousness of your new offense, the amount of money involved and chance you would not appear in court as required.
You do go to court for first appearance to plead not guilty and that is where the judge decides on bond. The probation violation would be heard separately, but if the probation officer files a violation then it is up to the judge to decide to hold you on it or not.

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