- I was given a ticket and released with a date to appear in court. What do I do?
- I was (my loved one/friend was) just arrested, how do I get them out of jail?
- What is the criminal court procedure?
- Do I need a lawyer?
- How much will it cost?
- What is a public defender?
- The police (FBI, Sheriff, store security guard etc) want to talk to me, what should I do?
- The police want me to give them permission to search my house, garage, car, computer, camera, tape recording, etc, etc. Should I give it to them?
Q. I was given a ticket and released with a date to appear in court. What do I do?
A. Many misdemeanor cases, such as trespass, petty theft, some drug possession cases, minor in possession of alcohol offenses are started with a ticket being issued and the person being released.
The ticket will give a date, time and courthouse to appear. Failure to appear will result in a warrant of arrest being issued, often at the level of $5,000-$10,000. When you go to court, you will speak to a "free attorney" who is a public defender. That attorney has from 10-50 people to speak with during that session, so they will be unable to spend more than a few minutes with you and will not analyze your case and potential defenses thoroughly. They will tell you what the prosecutor is demanding for your "negotiated plea of guilt." Often pleading to the charge can have serious consequences such as license suspension for 1 year in the case of minor in possession.
Mr. Bodow has represented thousands of people charged with misdemeanors over 25 years. If you retain him, you will not have to go to court on the date set for your appearance. He will set your case for a new date about 3-4 weeks off, get the police reports, review them with you, and negotiate with the prosecutor to get the very best offer possible. He will discuss your options, such as going to trial or accepting an offer.
If you or someone you know has recently received a MIP, contact San Diego MIP lawyer Jerrold Bodow today.
Q. I was (my loved one/friend was) just arrested, how do I get them out of jail?
A. Being arrested and put in jail is a terrible experience. If bail is low, one can often "bail out" quickly. You can use cash for the full amount, in which case you get it all back at the end of the case, as long as you, or your attorney make all court appearances as ordered by the court.
However, many people cannot afford to pay the full amount of the bail, which, in serious cases can be $25,000 or more. In those cases, bail bondsmen are available to "post bail." A bail bond is an insurance policy. The bonding company is insuring to the court that you will appear in court when ordered. If you fail to appear, they will pay the full amount of the bail to the court because you failed to appear. They will have some time to produce you before they have to pay during that time, they will come looking for you and arrest you if they find you.
Since a bail bond is an insurance policy, when you "buy" the policy, you will pay a non-refundable premium, which is set by law in many cases at 10%, in other cases it may be as low as 8%. Mr. Bodow has developed relationships with bail bondsmen who are available 24 hours a day to bail you or your loved ones out ASAP. Call any time for assistance! First, lets get him out!
Q. What is the criminal court procedure?
A. Criminal court procedure differs for misdemeanors v. felonies. In both cases, however, the idea is the same. Think of it as a funnel. Thousands of arrests are made, so all these people enter the system at an "arraignment," where the defendant is told the charges against him and a plea of guilty or not guilty is taken. In felonies, one always pleads not guilty at this phase. In misdemeanors, an offer may be made and a person can plead guilty, and is sentenced, often immediately.
If a plea of "Not Guilty" is entered, the next step, some weeks later, for both felonies and misdemeanors is a negotiation session where, after the arrest reports are reviewed and defense attorneys and prosecutors talk, a new offer of settlement is often made, accepted or rejected.
If rejected, for felonies, a preliminary examination is held, where the prosecutor calls witnesses to testify under oath before a judge. The defendant's attorney can cross-examine the witnesses and analyze their credibility and recollection. If a judge believes there is sufficient evidence he "binds" the defendant over to answer up in a trial. Before trial, technical motions may be heard and another negotiating session with the judge and the attorneys may be held.
Misdemeanors go directly from the first negotiating conference to motions and then trial. In either instance, the time the case takes may be rather fast - 45 days to trial, or slower, if needed.
The speed of the case may be a tactical consideration for the defense attorney, taking into account the client's personal needs and wishes, as well as the client going to programs of rehabilitation, or doing charitable work, or gathering letters and other documents in his/her support to help get a "better deal." Of the thousands of cases filed, only a small fraction end up in trial.
Q. Do I need a lawyer?
A. Yes you do! Almost always a retained attorney will be able to work personally with you to achieve the very best result. Public defenders play an important role in our justice system, but they are always over-worked with huge case loads, and under paid.
If you want an attorney who will respond to your phone calls and e-mails and who will give you his personal cell phone number, speak with Jerrold M. Bodow.
Q. How much will it cost?
A. Each person's case is unique and individual, although there are general guidelines, Mr. Bodow assesses each case individually. There is no charge for an initial consultation, either in person or by phone. At the end of the consultation Mr. Bodow will discuss the fee in detail with you.
Q. What is a public defender?
A. A public defender (PD) is a lawyer who works for the county, and whose job it is to defend indigent (poor) people. If you have the money to afford an attorney, you probably are not eligible to get a public defender. Many PDs are very good attorneys. But all PDs are very over-worked with large case loads and are too often unavailable to meet with clients outside of the court. Some find it very difficult to answer phone messages from clients. In general, retained attorneys have better communication with their clients. Mr. Bodow responds to e-mails and phone messages. His clients get his office phone and his personal cell phone number.
Q. The police (FBI, Sheriff, store security guard etc) want to talk to me, what should I do?
A. CALL ME!! DO NOT TALK TO THE POLICE OR GOVERNMENT INVESTIGATORS. DO NOT SIGN ANY STATEMENTS! You have the right to remain silent. If they want to speak to you, it is probably because they need more evidence against you or someone you know, in order to get a conviction. Just the fact that you have been contacted is scary. Tell them you may speak to them, but you want to talk with an attorney first. Then call Mr. Bodow.
If you have other questions, Call Mr. Bodow' office at 619-231-0724.. If its an emergency, or after hours, follow the directions on his answering machine, and he will be paged, and return your call at the earliest moment possible. You can also e-mail him at jbodow@gmail.com. Expect a prompt response.
Q. The police want me to give them permission to search my house, garage, car, computer, camera, tape recording, etc, etc. Should I give it to them?
A. The Fourth Amendment of the U.S. Constitution prohibits illegal searches and seizures of your property. You can give up, or waive that very important right by granting permission to the police or government agent to search.
If they are asking your permission, it may be because they have insufficient information to get a search warrant. They may tell you they will get a warrant anyway if you do not give them permission. But, they can lie to you. NEVER GRANT PERMISSION TO SEARCH. TELL THEM TO GET THAT WARRANT. Do not believe them if they tell you they will go easier on you if you give them permission to search. They do not have the authority to make that promise. Only the prosecutor has that authority.
|
