Recently in Bail Category

July 6, 2011

What are My Rights as a Client of a Los Angeles Criminal Defense Lawyer?

Many people hire and pay asked attorney's fees so that a knowledgeable attorney can protect their rights and interests in court, but very few know their rights when it comes to an attorney that they have hired to represent them. The California code of ethics lays out very specific standards to which an attorney must adhere to when dealing with their clients.

One of the main obligations an attorney has to a client is to be open with communication. If a client calls the office, the attorney, or someone under their direction, must return the phone call within a reasonable period of time. A reasonable period of time does not mean within the hour, or as soon as possible. If a client calls the attorney on Tuesday morning, the attorney may return that call later on that day or on Wednesday. A reasonable period of time would be within that day or the next, unless of course the attorney feels that it is a matter that requires immediate attention. Matters that would demand a phone call right away would be if the client has been arrested again or if the client has a court date the following day and there has been a change to the calendar.

When you have hired an attorney to represent you, they must appear in court on your behalf, provided that they have been retained to do so. If you have a court date and the attorney has been notified but fails to appear they have violated their duty to you as your attorney. You are paying an attorney to protect your rights and interests and oftentimes a failure to appear in court can be detrimental to your case as well as your criminal record. Make sure that your criminal defense attorney is a professional and will appear on your behalf in court without you having to worry about it. A great way to check whether an attorney is responsible is to ask previous clients or look up the attorney's record on the California State Bar website. An attorney can get sanctioned by a judge if they fail to appear in court and it has an effect on the client's case. If an attorney has been sanctioned before, it will be on their public record as an attorney.

All in all, the attorney has a duty to accept cases that they feel they can handle in a competent and diligent manner. Any behavior that indicates otherwise will be cause for a case that they are not representing your best interests. You have hired a Los Angeles Criminal Defense lawyer to protect you and to fight for you. Make sure your attorney is providing you with the best possible professionalism and is getting you the results that you want. If that is not the case, be sure to understand your options and protect yourself.

May 4, 2011

How do I Know Which Los Angeles Bail Bondsman to Hire?

When a person is charged with a crime, they are often taken into custody. In order to be released, they have to pay a bail amount. A bond hearing may be requested during the first criminal court appearance to reduce the bail, however, the person must remain in custody until their first court date.

Because the bail amount is usually a lot more than can be afforded by any one person, there are bail bondsmen that can help you out. A bail bondsman will pay the bail for you, and will ask you for 8 to 10% of the amount as a fee for their services. Some bail bondsmen ask for some property in the state where the person is arrested as collateral if they feel it is necessary.

There are many bail bondsmen located in your area, and you will see many standing outside of the jail handing out cards and offering you the best rate. So then how do you know which one to trust? There are some companies that will take a long amount of time before they can get your loved one released. They ask for lots of personal information, including bank account information and social security number before they say they can help you. It is difficult to determine whether the company you choose is trustworthy and will get you the results that you want.

Many Los Angeles Criminal Defense attorneys have worked closely with bail bonds companies throughout their long careers. They not only trust these bail bondsmen, but they have developed a long standing relationship with them. This is beneficial to the family who is overwhelmed, wants their loved one out of custody as soon as possible and wants someone they can trust.

For example, our firm had a client who was in Los Angeles, but whose family was out in New York. The father wanted his son out of custody as soon as possible, but the bail bondsman required property in the state of California before they could bail someone out. Thanks to the 30 year working relationship between the company and our firm, we were able to eliminate the property requirement and get the son out in a few hours.

When you are going to pay a significant amount of money to someone that promises they will get your loved one released out of custody, make sure it is someone that comes highly recommended, and someone you can trust. An experienced Los Angeles Criminal Defense attorney can point you in the right direction.

April 29, 2011

What Factors will Influence the Judge in Setting a Bail Amount for a San Diego Criminal Case?

When a person has been taken into custody for a criminal violation, there will be a monetary bail amount set. The bail amount must be paid in order for the person to be released from custody. This amount serves as collateral, that the person will make all required appearances in court and will not get into any further trouble until their case has been closed, and if found guilty, a sentence has been ordered.

The important issues are considered by the Judge; whether the person is a flight risk, and whether this person would be a harm to society. If either is found to be a significant concern for a person, the bail will likely be denied, or it will be set very high.

There are several factors that can be stressed to prove to the court that a person is not a flight risk. The court wants to be certain that if a person is released from custody, they will uphold their obligations to the court and appear on scheduled dates and follow court orders. A knowledgeable San Diego Criminal Defense Attorney might show that they have lots of contacts in the area that would make them unlikely to leave. This would include things like family that they live with and have close by. The larger the family, and the closer their ties to them, the stronger the argument would be that they are less likely to leave. Additionally, if the person has a steady job that they have been at for an extensive period of time, it shows commitment and dedication, especially if they hold a higher position within that job. This makes it unlikely that they would leave a steady job and income. The Judge may also consider if they are a notable person in the community, do they volunteer or are they active in difference organizations that shows they are tied to their community.

The factors a Judge will consider in regards to whether a person is a threat to society is the nature of the crime they are being charged with, and criminal history. The court wants to ensure that if the person is released from custody, they are not going to be arrested again or be a danger to their community. If a person has had 3 to 4 DUIS, and is now in custody for a 4th or 5th, the Judge is going to be less likely to believe that he or she is not a harm to society, because they have been charged before. Similarly, if a person is being charged with murder, or something more serious such as aggravated assault, the bail will be higher, or denied since they will be seen as a threat to society.

An experienced Southern California Criminal Defense attorney has successfully helped thousands of clients be reunited with their families after being in custody. The attorneys at Hoffman & Associates understand how important it is that you are not in custody so that you can help prepare your defense and get back to the things that really matter.

April 27, 2011

What is a Los Angeles Bond Hearing?

When a person has been arrested and taken into custody for an alleged criminal violation, a bail amount is set. A bail amount is a monetary amount set by the court that can be paid in exchange for a person to be released from custody.

If a person has not been released from custody before their first appearance in court, known as the arraignment, a bond hearing can also be requested. The Judge will hear a bond hearing, at the same time as the arraignment. The purpose of the bond hearing is to present an argument asking the criminal Judge to reduce the amount set for bail. In cases where there is no bail set, the person charged may present evidence and an argument that will convince the Judge to allow bail.

The Judge will take into consideration two very important issues when determining the amount set for bail. They will look into whether the person is a flight risk and whether they are a danger to society. If it seems like either or both issues will be a problem, the Judge will oftentimes deny the person bail. A powerful argument can be made by providing the court with evidence that goes to show that the person is neither a flight risk nor a danger to society.

A bail hearing is not mandatory and it has to be requested by the person or by their Los Angeles Criminal Defense attorney. Many people are not in custody at the time of their first court appearance. Oftentimes, they are able to pay the bail through the use of a bail bondsman, who can help.

A knowledgeable Los Angeles Criminal Defense attorney can help you get released from custody. If the bail is set at an amount that is too high, or is denied, an experienced attorney can help prepare a powerful defense to allow the Judge to change the order to a lower bail amount, allowing you to be released.

October 6, 2010

What happens to my Los Angeles Immigration Case when I have a Pending Los Angeles Criminal Case?

Many of our clients who are detained on criminal allegations also have Immigration proceedings started at the time of their arrest. There are many questions regarding the differences between Criminal court and Immigration court.

Your criminal case is a separate entity from your immigration case. It involves two separate courthouses and two separate Judges. When you are detained on a Criminal case it is in regards to your criminal case only. Any time served in jail will go towards your criminal sentence only.

If you do not have citizenship status in the United States then an Immigration hold will be put on you once you are arrested on accused criminal charges. After you have been released from custody , if you are in custody, and have appeared before a criminal Judge and completed your criminal case, you will be transferred over to an Immigration detention center.

Once in Immigration custody, you will appear before an Immigration Judge who will determine whether you will be permitted to remain in the country and/or if you will remain in custody. A separate bail amount will be set, if any, for Immigration custody. If you have paid a bail amount to be released from jail on your criminal case, it will not cross over to your Immigration bail amount. The Immigration Judge will set a separate amount for bail. This amount must be paid to be released from custody.

The criminal and immigration process is complex and can cause a lot of confusion if you are not familiar with its ins and outs .A knowledgeable Los Angeles Criminal Defense attorney is not only familiar with the criminal procedure, but knows the Judges and Prosecutors as well. Additionally, an attorney that has been practicing for over thirty years can recommend an Immigration attorney that they have worked with on thousands of cases and can provide work representation that you can have confidence in.

September 26, 2010

How can a Los Angeles Bail Bondsman Help Me?

When someone you know has been arrested and taken into custody, your first and foremost concern is how to get them out. Unfortunately, the average person does not have the bail amount readily available, and therefore a bail bondsman becomes necessary.

The set bail amount will vary based on several factors. Essentially the court will ask whether if this person was released, would they be a danger to society, and will they appear in court for their next scheduled hearing. If the facts point to the likelihood that this person will flee and neglect their court ordered duty to appear before the judge, or if the nature of their crime caused serious injury or harm to society they will have a higher bail.

The amount of bail paid is generally returned once the court process has been completed and the sentence given. However, to gather the money in the first place is not easy for the average American. A bail bondsman will pay the bond for you if you pay a certain percentage to the company. For example, if the bond is set at 20,000, you may be asked to pay the bail bondsman 15%, for a total of $3,000. Once you pay the 15%, the bail bonds company will pay the authorities the $20,000 which will be returned to them once the court process is complete. They will keep your $3,000 as their fee.

When picking a bail bondsman, make sure you go with a company that is trusted and recommended by criminal defense attorneys who have been working in the field for over thirty years. An experienced Los Angeles Criminal Defense attorney will have built a solid relationship and have worked with many bail bonds companies. They can recommend a company that will deliver results and will be trustworthy. Do your research and make decisions carefully, after all you want the company that can deliver results as efficiently and quickly as possible!