the letter that i got saids that if i do not want to go to court, i can forfeit the bail and send money to san jose state university police dept. is it worth it to send $5000 to them?? when i call them, they told me that i might or might not get arrested and go to jail. i might just get a court date on the spot,..so plz give me some advise, thanks
2007-02-09 10:24:40 · 6 answers · asked by luder901 1 in Politics & Government ➔ Law & Ethics
This does not make any sense to me. Neither DUI nor false ID can be taken care of like a traffic infraction by posting and forfeiting bail. You have two choices: show up voluntarily in court, and hope you can convince the judge to let you out without bail, or post the bail and show up on the date you are told to do so. (I think it likely that the letter you got really only told you how to post bail.)
The sentence for a first time DUI in CA is pretty standard around the state: Fine of around $2,500, probation, DUI school, license suspension. However, with the added false ID you may be looking at worse. You will need an attorney.
2007-02-09 10:54:26 · answer #1 · answered by Anonymous · 0⤊ 0⤋
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2016-06-12 07:35:38 · answer #2 · answered by Bonnie 3 · 0⤊ 0⤋
It seems kind of strange that they would allow you to post and forfeit on a DUI charge. You might want to confirm that with the court. You may be able to post and forfeit on the false ID charge - that seems much more likely.
Even if you can't post and forfeit, it is in your interests to post bail BEFORE you get arrested. If you are found by a police officer prior to you posting bail, they WILL arrest you and transport you to jail. Most Santa Clara County agencies have a policy that they will transport you to San Jose Main Jail if the warrant has a bail amount of $5000 or more. In this situation, you will most likely NOT be able to post bail until you've been admitted at the jail (which is not a fun process).
If you post cash bail at the police department BEFORE you get arrested, you will bypass the uncomfortable process of being admitted to the jail. You'll be fingerprinted and photographed at the police station, given a court date and sent on your way. Assuming you show up for court, you'll get the $5000 back (minus any fines imposed on you if you are found guilty).
The other option is to have a bailbondsman post bail on your behalf. Be sure to contact a bailbondsman BEFORE you go to SJSUPD. One of their representatives will go with you to the police department and hand over the bailbond to the police clerk. You'll then be fingerprinted, photographed, and sent on your way. Bailbondsmen typically require a 10% fee up front (so, $500), which they keep. They may ask for collateral.
2007-02-12 14:31:32 · answer #3 · answered by sdatary 4 · 0⤊ 0⤋
I've known people who got a year for less than you are talking about. It all depends on what judge you get. There is one in Palmdale and one in Bakersfield that loves to give out these kind of sentences because they had a child killed by a drunk driver. I'm not trying to scare you, just being truthful. It doesn't pay to drink and drive then the phony ID is another layer of icing for the cake.
2007-02-09 10:37:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If the bail is $5000, then you stay in jail until your court date or until you pay the 5k.
2007-02-09 10:28:46 · answer #5 · answered by Citicop 7 · 0⤊ 0⤋
It is probably better just to go to court. If you are a first time offender you will probably get let go with a low fine. I went to jail for a day it wasnt that bad, just boring as hell.
2007-02-09 10:36:45 · answer #6 · answered by brandontremain 3 · 0⤊ 0⤋