I WAS IN MY LAST YEAR IN COLLEGE AT UC BERKELEY AND HAD BROKEN UP WITH MY BOYFRIEND ALEX. I WAS UNDER A LOT OF PRESSURE AND VERY DEPRESSED.
FOR NO GOOD REASON, I SHOPLIFTED CLOTHES FROM MACY'S. IT WAS OVER $ 400.00.
I WAS SO EMBARRASSED AND WORRIED. I DID NOT WANT MY PARENTS TO FIND OUT AND THERE WAS A POSSIBILITY THAT I WOULD GET KICKED OUT OF SCHOOL IF CONVICTED.
I FOUND MR. ZAVALA ON THE INTERNET. HE IS A UCLA LAW GRADUATE WITH YEARS OF EXPERIENCE. HOWEVER, HIS GREATEST ASSET IS HIS CARING NATURE AND HONESTY.
HE PRESENTED MY HUMAN SIDE TO THE PROSECUTOR, WHO EVENTUALLY DISMISSED ALL CHARGES.
MR. ZAVALA, YOU ARE TRULY A GREAT LAWYER. Jeanel
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LOS ANGELES COURT
SHOPLIFITNG
The Law OFFICES OF
FRANCISCO M. ZAVALA
A TOP RATED criminal DEFENSE FIRM
ATTORNEY FRANCISCO M. ZAVALA
HAS HAS APPEARED ON VARIOUS
MEDIA OUTLETS SUCH AS:
SETTING BAIL
According to Penal Code section 1275, When "setting,
reducing or denying bail," a judge must consider public
safety the primary factor, but also must consider the
following factors:
- Seriousness of the Offense Charged
- Previous Criminal Record of Defendant
- Probability of Defendant Appearing in Court
- Injuries to the Victim
- Threats of Violence Made by Defendant
- Use of Firearms or Other Deadly Weapons
In Los Angeles County, bail is set by the arresting law
enforcement agency according to the LA. County Uniform
Bail Schedule (Click on the Link Above to See Bail Schedule).
In California, an arresting officer must take the defendant
before a judge within 48 hours of arrest, excluding
Saturdays, Sundays and Holidays. So if you are arrested on
a Friday, Saturday and Sunday do not count towards the 48
hours, and the day for you to be brought to court would be
Tuesday. (Penal Code sections, 825, 828)
It is a misdemeanor crime for an officer to willfully delays
taking a defendant before a Judge within 48 hours of arrest.
(Penal Code section 145)
REDUCING BAIL
Generally, there are only two ways to get your bail reduced.
1) Before Your First Court Appearance or 2) At Your First
Court Appearance.
BEFORE FIRST COURT APPEARANCE
If a defendant wishes to have a lower bail set before going
to court and he/she is still in custody, the defendant must
himself contact the L.A. County Bail Deviation Program (
213-351-5151 or 1800-773-5151 between 6a.m. and 12
midnight) to apply for a lower bail.
ON FIRST COURT APPEARANCE
Otherwise, a defendant may wait until he appears before a
judge and through his Attorney request that the Judge
reduce bail or possibly permit defendant to be released on
his word and promise to appear at the next court date
(which means you do not have to pay bail). This is known as
"own recognizance release" or O.R. Release.
Although difficult to obtain, this office has had success in
the past obtaining the release of many of our clients on O.
R. Release at their first court appearance, saving them the
expense of hiring a bail bondsman, which usually charge
10% of the bail amount for their services. So if your bail is
set at $ 20, 000, the cost of hiring a bail bondsman would be
$ 2000. Many times, this leaves defendants without any
funds to hire an experienced and successful private
attorney to represent them in court. So unless it is an
extreme necessity, it may be best to wait until your first
court appearance, hire an experienced attorney to appear
with you on that date and allow your attorney the
opportunity to convince the judge to reduce your bail or
release you on O.R.
EXTREME NECESSITY-WHEN YOU SHOULD BAIL OUT
Obviously, deciding whether to immediately bail out or wait
until you go to court is a very personal decision. Every case
is different and your decision will depend on your own
personal circumstances. However, it is our experience that
the following circumstances merit and almost require that
you post Bail immediately:
- If Defendant Is Not A U.S. Citizen
A person who is not a U.S. Citizen risks being
detained by INS for deportation
proceedings as long as he remains in custody, even
if you have been a Permanent
Resident all your life. Generally, the INS will not
detain someone who is no longer in
custody. The INS simply does not have the
manpower to actively locate people who have
been released from jail. However, they will locate
and detain individuals who are in jail.
- If Defendant Has A Serious Medical Condition
Requiring Medication
- If Defendant Has Not Been Interrogated By Detectives
Most serious cases, such as sexual assault or homicide,
involve an assigned investigating detective who will make every
effort to interrogate the defendant to obtain a confession
BEFORE he goes to court. A confession is the most powerful
weapon a Prosecutor can use against a defendant. Most
defendants will give confessions out of fear, ignorance or just
because they think if they cooperate and say what the police
want to hear, then they will get released. Whatever the reason, a
defendant in custody runs the greatest risk of interrogation. This
is because usually the interrogation will take place within 24
hours of arrest. Sometimes it can take longer for an investigator
to be assigned and then interrogate the defendant. So if you are
able to bail out before the investigator has an opportunity to
question you, many times you will have protected yourself from
incriminating yourself and putting the nail in the coffin. Once
you are released, immediately hire an attorney so the attorney
can contact the investigating detective and stop them from
questioning you about the case.
However, if you do not have the ability to pay the bail,
immediately hire an experienced attorney who will then
contact the investigating detective assigned to your case
BEFORE he interrogates you. Once your attorney notifies
the detective that you are being represented by an attorney
and that we are invoking your Constitutional Right to
remain silent and not answer any questions, and demand
that you not be interrogated without our presence, the
likelihood is that the detectives will not question you any
further.

CALL US 24 HRS.(818) 988-3234
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