Category: Court Process

Court Process | NoCuffs

California Defense Lawyers for Outstanding Arrest Warrants and Bench Warrants

An arrest warrant is an instrument of the court that is used to compel an individual to appear in front of any magistrate (like a judge). A bench warrant is issued by a judge to compel an individual to appear before that specific judge.

If you are concerned that there may be a warrant out for your arrest, there are three ways to find out.

  1. Do searches online. There are many California counties that make warrant information available online, but for the most part, the larger counties do not. You will need to know some information about the underlying case and, ideally, what court the case is in. Unfortunately, not all jurisdictions make warrant information available, so not finding a warrant online will not conclude with certainty that there definitely are not warrants. For the jurisdictions that do not make this information available online, you can usually call the court’s clerk to get this information.
  2. Go to a law enforcement agency and have them do a fingerprint check for any warrants. This is inexpensive, but the downside is that if you do have any warrants, you will be taken into custody at that time.
  3. Hire an investigator to do the research required to find out if there are warrants for your arrest. This is more expensive, but will allow you to take steps to properly prepare and handle the underlying issue the warrant is for.

We, as a law firm, routinely handle these kinds of investigatory matters– going to work before an arrest to protect our client from potential arrest and subsequent prosecution.

A warrant is not issued absent another matter, meaning handling a warrant can be a small part of dealing with the underlying matter itself.

In many cases, we are able to resolve the warrant and handle the criminal matter, all without the client ever having to appear.

Call us today to speak with one of our attorneys to find out about our investigatory services for outstanding warrants, arrest warrants, or bench warrants. The initial consultation is at no cost.

Preliminary hearings

Preliminary hearings

Preliminary hearings are one part of the criminal court process that individuals accused of felony marijuana-related charges, in California, will face. The preliminary hearing is one of the most critical phases in all of the proceedings, as charges can be dismissed by the judge at this stage if he or she doesn’t believe that there is enough evidence to prove the defendant’s guilt in a trial. As a result, it is vital that an individual accused of a felony charge involving marijuana in this state contacts an experienced California criminal defense lawyer who specializes in this area of the law and who therefore knows the most compelling arguments to present during a preliminary hearing.

Preliminary hearings are usually held following a defendant’s arraignment if a subsequent plea bargain did not resolve the case. Considered a mini-trial, it is a chance for the defense to see what type of evidence the prosecutor will ultimately use during the trial (assuming that the case goes that far) and a chance to have the charges dismissed entirely if that evidence isn’t deemed sufficient by the judge. “Probable cause” is the standard that the judge uses to make that decision, which basically means that the judge considers whether the prosecutor has presented enough evidence to convince a reasonable jury that the accused is guilty of the charged offense. Those charged with misdemeanor offenses in this state will not participate in this phase of the proceedings.

Preliminary hearings are typically conducted like a one-sided trial. Both sides may “argue” their point-of-view, but it is the prosecutor who puts on his or her case. He or she will usually call witnesses to testify and may introduce physical evidence (if there is any) to further convince the judge that the case should go to trial. Depending on what has been presented, the defense attorney may cross-examine the prosecution’s witnesses, challenge any other evidence that the prosecution offers or may simply try to convince the judge that the government’s case isn’t strong enough to meet the probable cause standard and that, as a result, the charges against his or her client must be dismissed.

Evidence in a marijuana-related preliminary hearing may include, but is by no means limited to, testimony from the arresting officer, from the officer who seized any marijuana or related paraphernalia, from a witness who observed (for example) a marijuana sale or land where the drug was being cultivated, or from a party to a transaction involving marijuana who may have been granted immunity in exchange for his or her testimony against the accused. Physical evidence may include, but again, is not limited to, paraphernalia, photos of the drug in its confiscated form, photos depicting the scene of a manufacturing facility or chemical test results if the charge was for driving under the influence of marijuana.

The exceptional California criminal attorneys at The Kavinoky Law Firm have mastered the art of critically analyzing a police report to recognize the flaws that can be used against the prosecution during a preliminary hearing. Their skilled advocates know what types of arguments are most likely to convince a judge that the evidence presented by the government fails to meet the required burden of proof and, more importantly, know how to convey those arguments in an articulate and persuasive manner. For the most trusted legal advice and for unsurpassed representation during every phase of one’s criminal proceedings, contact The Kavinoky Law Firm today for a free consultation.

California Immigration Consequences Of Criminal Cases

A California criminal conviction is a serious matter for anyone, but can be especially devastating for legal or undocumented immigrants. You can be deported or have your visa or green card revoked if you are convicted of a crime. Because the consequences of a California criminal conviction are especially severe for immigrants, it’s critical to have a top defense lawyer on your side ensuring that your rights are protected. The skilled California defense lawyers of The Kavinoky California Immigration Lawyers have the advanced knowledge needed to protect your rights and your freedom if you’re facing any type of criminal charge.

The best way to avoid any type of immigration action as a result of a California criminal charge is to prevent a criminal conviction in the first place. The top California defense lawyers of The Kavinoky Law Firm can thoroughly analyze your criminal case to determine the most promising defense strategy, and take aggressive action to strengthen your defense.

Not every criminal conviction will result in deportation or revocation of a visa or green card, so if you’re facing immigration issues, it’s critical for your California defense lawyer to thoroughly research the charges you face and your options to determine the best course of action.
In some cases, a skillfully negotiated plea bargain is the best option in a California criminal case where immigration issues exist. If the case as charged would result in deportation if you’re convicted, it may be possible for your California defense lawyer to negotiate a plea bargain that allows you to plead guilty to a lesser charge that doesn’t carry immigration consequences.

If you have already pleaded guilty to a California criminal charge and learned that it will lead to your deportation, it may be possible to withdraw your guilty plea based on the argument that you did not understand the consequences of your guilty plea. If you are allowed to withdraw your guilty plea, your California criminal case will start over again, and you’ll have to defend yourself against the charges you face.

Since 9/11, immigration policy in the United States has become progressively harsher. More crimes are falling into the category of deportable offenses, and deportation hearings are taking place regularly. Given the current national security climate, it is crucial to hire an attorney who can stand up for you and illustrate that you are not the person or the type of person that should suffer deportation. It takes experience and specialized knowledge to deal with immigration consequences of criminal convictions.

The consequences of a criminal conviction can be extremely harsh for immigrants, but the top California Immigration Lawyers of The Kavinoky Law Firm can help. Our experienced defense attorneys are ready to thoroughly analyze your case to determine the best course of action and fight for your rights. Contact a knowledgeable California defense attorney today at 1-800-NO-CUFFS for a free consultation.

Motion to Suppress Evidence

Motion to Suppress Evidence

A motion to suppress evidence is based upon the idea that evidence has been illegally obtained as the product of a search or seizure that violates the Constitution. The court decides this issue after a hearing in which the defense attorney cross-examines the officers involved in the case, and presents legal argument about why the evidence should be suppressed. If this motion is successful, the case may be dismissed entirely.

There are different laws that govern whether or not a search is illegal, depending upon what is searched and who does the searching. For example, the law recognizes a greater expectation of privacy in a person’s house, than they do in a person’s car. This is because cars are more exposed to the public because of their many windows, and because of their mobility. An experienced California DUI criminal defense attorney will be able to spot these issues, analyze them properly, and make a forceful argument on your behalf in court.

A criminal defense lawyer can make a Motion to Suppress and return property or any tangible or intangible thing obtained as a result of an unlawful search or seizure. A suppression motion does not keep out statements obtained in violation of the Constitution, nor litigate the legality of identification procedures and police lineups, for these do not specifically relate to the search or seizure. However, physical evidence seized as the result of a statement obtained in violation of the Fifth Amendment may be suppressed through a suppression motion.

Evidence that has been previously suppressed cannot be used to revoke probation. If the prosecutor is able to proceed to trial notwithstanding the fact that evidence has been suppressed, the illegally-seized evidence can be sued to impeach the defendant if he or she testifies. Illegally-seized evidence which has been suppressed should certainly not be introduced against the defendant at a sentencing hearing.

Because the Motion to Suppress Evidence is so powerful, and can result in the entire case being dismissed, it is important that every criminal case be scrutinized by a criminal defense lawyer who is well-versed in search and seizure law. An experienced criminal defense attorney will be able to determine whether a Motion to Suppress Evidence is a worthwhile undertaking.

It is possible for the government to seize the fruits of the drug trade in what is called a forfeiture action. This can include cars, homes, cash, and any other asset. A skilled criminal defense attorney can work to protect assets from forfeiture.

If you or someone you care about has been charged with a crime, it may be possible to suppress the evidence to be used against them. By so doing, the prosecution may be unable to proceed, and the charges dismissed. Please contact our law firm for a free consultation to determine whether a suppression motion may help in your case. The Kavinoky Law Firm is dedicated to criminal defense. One hundred percent of our practice is criminal defense work. It would be our pleasure to consult with you regarding your case at no cost or obligation.

Crimes of Defiance – Evading The Police, Evading Arrest

Evading the police seems to have become a commonplace theme these days. Every month it seems there’s another futile police pursuit. The guy behind the wheel, while evading the police, is doing little more than racking up three misdemeanors that are all punishable by incarceration for up to one year, and each misdemeanor carries its own fine.

In California it is illegal to evade a police officer if that police officer indicates to you that you should stop or pull over. You can go to county jail for one year if you fail to stop. The statute provides that you must pull over if there is at least one lighted lamp that can reasonably be seen, there is a siren that can reasonably be heard, the peace officer’s car is distinctly marked, and there is in fact a police officer in the vehicle.

This statute doesn’t simply apply for people who may actually be trying to avoid the police. It applies to people who perhaps do not hear well and therefore did not hear a siren trying to pull them over. These people will be pursued by the police until, eventually, a stop is made. The driver who couldn’t hear the siren will then not only be charged for speeding or not having updated tags, but there will be an additional charge of evading a peace officer for the motorist to face. A qualified criminal defense attorney well versed in the Vehicle Code, can help create a strategy to get the unfortunate motorist off the hook.

Peace officers on bicycles are to be treated with the same deference as one shows officers in cars and on horses and motorcycles. Therefore, if a police officer on a bicycle signals for you to pull over, you must do so or face the threat of doing time in county jail.

The Vehicle Code also provides that it is a misdemeanor to engage in reckless driving while evading an officer of the law. This crime is a punishable by up to yet another year in county jail. It is also considered a misdemeanor to drive with a willful or wanton disregard for the safety of person or property. This misdemeanor is also punishable by a fine of not less than one thousand dollars and no more than ten thousand dollars. Even though these crimes are considered misdemeanors and fall under the Vehicle Code, does not mean that one should not immediately seek a free case evaluation from The Kavinoky Law Firm.

The California Vehicle Code states that if, in fleeing the police, a person causes serious bodily injury to another the crime will be punishable by up to seven years in state prison. Vehicle Code 2800.3 indicates that if a person evading a police officer causes the death of another during the course of the evasion, that person may be sentenced to up to ten years in state prison. For those who are charged under Vehicle Code 2800.3, they are also likely to be charged under the California Penal Code, too. They may face charges ranging from manslaughter to murder in the second degree.

It is a crime to resist a peace officer. Resisting a peace officer in the broader area of California goes beyond the typical resisting arrest into the more murky waters of resisting the peace officers in general. When a peace officer is performing his or her duties, one cannot willfully interfere with those duties and one will be required to carry out orders given by peace officers in certain cases.

Committing battery upon a peace officer is also a crime in California. The offender may be charged with this crime if he or she commits battery upon doctors, firefighters, police officers or other peace officers. This crime carries with it special considerations in the California criminal justice system. It is best to consult with a qualified attorney who knows the laws if you wish to successfully defend your case.

Punishment in Criminal Court

Punishment in Criminal Court

The punishment that the court can impose is set by statute, but can result in up to one year in county jail for misdemeanor DUI, or even several years in state prison for felony DUI.

There are certain aggravating factors that can result in an increase in punishment beyond the statutory minimums. These include having prior convictions for DUI or related offenses, speeding while D.U.I., having a child in the car, having a blood alcohol level that is .20 or higher, or refusing to submit to a chemical test.

Any punishment imposed by the court is separate from the license suspension or revocation by the DMV. If the court orders a driver’s license restriction, that restriction will begin as soon as the DMV’s restriction ends. They do not run concurrently.

Also, as to any fines, keep in mind that in addition to the base fine amounts described below, the court will add assessments that significantly increase the amount that is owed. The base fine amount will triple when all other mandatory costs and fees are added.

In general, a conviction will result in the following punishment:

First Offense: If the court grants informal, unsupervised probation, there are two options. Both require a base fine ranging from $390 to $1,000, and attendance at a 3-month alcohol/drug education program (6-month program if there is a BAC of .20 or higher, or if there is a refusal to test).

  • Option A: 48 hours to 6 months in jail, and a 6-month driver’s license suspension; or,
  • Option B: A 90-day driver’s license restriction allowing for driving for work and the alcohol/drug program only.

Without probation, the court may impose 96 hours to 6 months in jail, a $390 to $1,000 base fine, and a 6-month driver’s license suspension.

Second Offense: With unsupervised probation, there are two options, both carrying a base fine of $390 to $1,000, plus either:

  • Option A: 10 days to 1 year in jail, and a 2-year driver’s license suspension; or,
  • Option B: 96 hours to 1 year in jail, an 18-month (or 30-month) alcohol/drug education program, and a driver’s license restriction for the duration of the program allowing driving only for work and the program.

Without probation, the court may impose 90 days to 1 year in jail, a $390 to $1,000 base fine, and a 2-year driver’s license suspension.

Third Offense: With unsupervised probation, the court will impose a sentence of 120-days to 1 year in jail, a base fine of $390 to $1,000, a 3-year license revocation, and an 18-month alcohol/drug education program if one was not done before.

Without probation, 120-days to 1 year in jail, $390 to $1,000 base fine, and a 3-year license revocation.

Fourth or subsequent Offense: If probation is granted, 180 days to 1 year in jail, a base fine ranging from $390 to $1,000, a 4-year license revocation, and an 18-month program if one has not been done before.

Without probation, the court could sentence anywhere from 6- months to 1 year in county jail, or 16 months, 2, or 3 years in state prison; a base fine of $390 to $1,000; and a 4-year driver’s license revocation.

If you or someone you care about stands accused of DUI, please consult a Southern California DUI Lawyer right away before you even consider pleading guilty.

Court Process

The Criminal Court Process

Marijuana-related offenses in California vary, ranging from minor misdemeanor offenses, such as possession of less than one ounce of marijuana, to serious felony offenses that carry severe penalties, including charges that deal with selling, transporting and manufacturing marijuana. If arrested on any marijuana-related charge, it is vital that the accused hires a skilled California criminal defense lawyer who knows the local customs and practices that relate to marijuana charges so that he or she can effortlessly guide his or her client through the criminal court process with ease, understanding and complete competence.

The arrest, booking and bail proceedings are the first part of the process. Once an officer has arrested the accused (taken him or her into police custody so that he or she is no longer free to leave), the accused is typically taken to a police station where he or she is booked (fingerprinted, photographed and entered into a criminal database) and, depending on the severity of the offense, will either be released or held in custody until his or her bail hearing or arraignment.

The arraignment is typically the next stage. At the arraignment, the accused will hear the exact charges that have been filed, will be advised that he or she should have an attorney, may have his or her bail altered and will enter a plea of guilty, no contest or not guilty.

Plea negotiations follow. This is where the criminal attorney tries to have his or her client’s case either dismissed entirely (based on holes in the prosecution’s case) or reduced so that his or her client can receive a more lenient sentence than he or she would if found guilty during the trial.

Preliminary hearings are held in felony cases. Considered a “mini trial” it is the phase where the judge decides whether the prosecution has enough evidence to force the defendant to answer to the charges.

Motions to suppress evidence are pre-trial motions that are typically filed by the defense in a California case involving marijuana and are argued in an effort to keep certain evidence or witnesses out of the trial, which could ultimately lead to a dismissal of the charges if successful.

Motions for discovery are designed to ensure that the defense has all of the prosecution’s evidence to ensure a fair trial. This typically includes the names of any prosecution witnesses, statements made by the defendant, all written or recorded witness statements, information about any seized evidence and any evidence that points to the defendant’s innocence. Discovery motions may also be filed against the defense.

A Pitchess motion may be raised by a defendant who suspects that the arresting officer has engaged in previous misconduct which may be relevant to his or her defense. This motion seeks personal information contained in the officer’s personnel file, including any complaints about racial bias, false arrest, the planting of evidence or any other criminal conduct.

The jury trial comprises the bulk of the case. This is where the attorneys for both sides have the chance to present all of their evidence to the judge and jury in the attempt to either have the accused declared guilty or not guilty. The “burden of proof” lies with the prosecutor, which means that the state must prove the defendant’s guilt “beyond a reasonable doubt” in order to prevail. If the defendant is acquitted or the case is dismissed, the individual may go through a process to have his or her property returned, which may require the help of an experienced attorney.

Sentencing takes place if the defendant either accepts a plea or is found guilty during trial. In a marijuana-related case, one’s sentence could include probation, fines, jail or prison time, diversion, drug rehabilitation or electronic monitoring.

To learn more from a firm who excels in successfully navigating their clients through this process, contact the outstanding attorneys at The Kavinoky Law Firm today for a free consultation.

Appellate review of forfeiture

Appellate review of forfeiture

Asset forfeiture refers to the process by which the government seizes an individual’s property that it believes was involved in illegal activity. With respect to marijuana, this involvement can be in the form of property that helps to further a crime (such as a vehicle that was used to transport or store marijuana, in the form of money that was used to purchase the drugs or that was received from the sale of the marijuana or in the form of resource materials that were used to help the accused gain enough knowledge to ultimately commit the offense. Once the government has seized the individual’s property, it can be quite a challenge to get it back, which is why an individual who has been accused of illegal marijuana-related activities must immediately contact an experienced attorney who understands the process and requirements involved in pursuing an appellate review of a forfeiture proceeding.

An appellate review of asset forfeiture proceedings may be sought by either the government or by a property owner who received an adverse judgment during a civil forfeiture proceeding. Either party may appeal from an adverse criminal forfeiture if the defendant’s final sentence (which included a forfeiture clause) was illegal. Civil or criminal forfeiture proceedings that involved federal criminal statutes should be appealed to the appellate section of the criminal division of the U.S. Attorney’s Office. It is because of these types of rigid rules that only a skilled attorney who has an in-depth knowledge about forfeiture proceedings and the appeal process should represent an individual seeking appellate review.

Appellate review of a civil forfeiture must be initiated within 60 days after entry of the original judgment or within 30 days for a typical criminal case (60 under certain circumstances). Review by the criminal division also entails review by the asset forfeiture and money laundering section of the criminal division. Once the asset forfeiture and money laundering section receives the appeal, it prepares a recommendation concerning the review and submits its report directly to the appellate section. The appellate section then reviews the recommendation (as well as the one from the U.S. Attorney’s Office) and then prepares its own report for the Solicitor General’s Office. Based on all of the information it receives, the Solicitor General’s Office then makes a decision concerning the appeal.

Depending on the circumstances of the case and on whether the court’s authority was over the defendant or his or her property, either the government or the individual may dispose of the property if either party fails to obtain a “stay pending appeal” which is a legal tool that basically pauses the case until the appeal is final. However, doing so may have its own legal ramifications, which is another reason why it is so important to retain an attorney who knows how to best protect his or her client’s rights.

Constitutional challenges may be appealed by one having an interest in the forfeited property. Under this type of scenario, the requested relief will either be in the form of monetary damages or equitable relief. “Equitable relief” means providing the owner with his or her original property and is therefore only possible in situations where the illegally seized or wrongfully detained property hasn’t been destroyed.

The outstanding attorneys at The Kavinoky Law Firm understand asset forfeiture and all that it entails with respect to their client’s marijuana-related activities. They are dedicated to protecting their client’s rights and assets and will effectively challenge the government’s authority whenever possible. With law offices throughout this state, including several in and around the Los Angeles area, they are conveniently located for anyone in need of excellent representation. For more information on asset forfeiture and on the appellate review of these types of proceedings, contact the firm today for a free consultation.

Arraignment

Arraignment is typically the first court appearance that an individual accused of a California marijuana-related offense attends. It is a crucial part of the criminal court process and is the defendant’s first opportunity to enter into plea negotiations with the prosecution. In order to receive the most favorable outcome at this stage in the proceedings, it is imperative that the accused appears with a California criminal defense lawyer who specializes in defending marijuana offenses.

Arraignment follows the arrest, booking and initial bail phases of one’s criminal case and is typically held within two business days of the arrest. During the arraignment, a judge tells the accused (now called the “defendant”) exactly what criminal charges have been filed against him or her and what the penalties are that are associated with those crimes. A list of constitutional rights will also be read to the accused. The judge inquires as to whether the defendant has hired a private lawyer or wishes to use the services of a court-appointed attorney (also known as a public defender) and asks the defendant if he or she is prepared to enter a plea of guilty, no contest or not guilty. It should be noted that a “no contest” or “nolo contendere” plea means that the charges will not be contested (like a guilty plea) but makes it so that the plea cannot be used against the accused in the event that a civil case ensures. If the defendant has not yet obtained counsel, the judge may grant him or her a continuance to do so. If the defendant’s bail was not decided in a previous proceeding (which would likely be the case with a marijuana-related charge), the judge will decide whether or not to modify the bail amount or whether or not to release the accused on his or her own recognizance (otherwise known as an OR release).

Before the arraignment concludes, the judge will instruct the defendant to appear at all remaining court dates (which may include a preliminary hearing, a date for any pre-trial motions and the trial date) and will give the defendant the dates for those proceedings. Misdemeanor charges that aren’t resolved at the arraignment will typically proceed to a date where the pre-trial motions will be held and felony charges that are unresolved will proceed directly to a preliminary hearing.

Discovery may be provided to the defense at the arraignment. This typically includes copies of any police reports or other documents that are relevant to the defendant’s case, a list of witness names, any statements made by the defendant or any written or recorded statements that were made by other witnesses, descriptions of any seized evidence and any evidence that points to the defendant’s innocence.

Arraignments can be overwhelming and quite stressful for anyone accused of a criminal charge, especially if the charge is a felony or an individual’s first offense. The compassionate and trusted criminal attorneys at The Kavinoky Law Firm are dedicated to making this difficult time easier for their clients. They have the skill, experience and integrity necessary to competently and successfully guide their clients through the arraignment and all other phases of the criminal court process. Because they have law offices located throughout California, including several in and around the Los Angeles area, they have established relationships with local judges and prosecutors, giving their clients a tremendous advantage when it comes time to negotiate a plea bargain or ask for special consideration on a particular case. For unsurpassed legal advice and representation from a firm who has mastered the defenses that are applicable to California marijuana-related offenses, contact The Kavinoky Law Firm today for a free consultation.

Arrest, booking and bail

Marijuana-related offenses, in California, all subject the accused to the criminal court process. The first stages in this process include arrest, booking and bail. In order to ensure that one’s case isn’t blindly processed through the system, it is vital for the accused to hire a California criminal attorney who specializes in marijuana cases and who knows exactly how to successfully navigate his or her client through these stages.

The arrest officially takes place when the suspect is taken into police custody and no longer has the option to leave or freely move about. An officer is legally entitled to make an arrest if he or she personally observes the suspect commit a crime (for example, he or she sees marijuana plants growing on a property or sees an individual smoking marijuana), if he or she has “probable cause” to arrest the suspect (that is, a reasonable belief that the person either committed or is about to commit a crime, based on a tip which is then corroborated by the officer’s observations, such as a pending sale or information that manufacturing is taking place in a certain location) or if he or she has a warrant, issued by the court.

Booking follows the arrest. Booking is the process by which an individual is formally entered into the criminal court system. During this process, the suspect’s personal information is collected, any personal property is confiscated (which will be returned upon the individual’s release, assuming it isn’t illegally possessed), the officer records information about the alleged offense, performs a search for prior offenses and then fingerprints and photographs the accused. Depending on the particular offense committed, the accused may be given a written citation, so long as he or she promises to appear in court (for minor offenses, such as possession of less than one ounce of marijuana) or will be placed in a “holding cell” or a local jail for more serious offenses.

Bail is the money that one “posts” in order to be released from police custody following the booking process. Those accused of drug charges are typically permitted to either “bail out” or obtain a free release on their own recognizance (also known as an O.R. release). When determining whether one’s bail should be raised or lowered from that listed in the bail schedule or whether one should be released OR, the judge considers the severity of the offense (whether any aggravating factors were present), the accused individual’s criminal history, his or her ties to the community and public safety. When reviewing these issues, the judge assumes that the accused is guilty of the offense, which is another reason why it is so important to be represented by qualified counsel during every stage involved in criminal proceedings who knows how to make sure that his or her clients receive the most favorable results at all times.

If one must post bail, he or she has the option of posting cash bail, which means that he or she must pay the full amount that the court has ordered (which will be refunded once the case is over if the accused attended all of his or her court appearances), or has the option of posting a bail bond. Bail bonds are contracts with bail agents or “bondsmen” whereby they agree to pay the full bail in exchange for ten-percent of the total amount (which is non-refundable). Bail agents also typically require collateral as further security that the individual will make all of his or her court appearances so that the bond will be returned at the end of the case. Under either scenario, if the accused fails to appear, the bail is forfeited to the court.

The outstanding California criminal defense lawyers at The Kavinoky Law Firm excel in successfully representing their clients who were accused of marijuana-related charges during these and all phases of the court process. To learn more about how these exceptional attorneys can help, contact them today for a free consultation.