Tag Archives: Jail Release

How can you avoid county jail as a repeat DUI offender? You can Scram.

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Over the last 17 years, I’ve represented many clients that find themselves facing jail time because their drinking has caused them to make bad choices.    Whether its a 2nd offense DUI or any other criminal offense that stems from issues with alcohol, I’ve been able to use Scram to help them avoid substantial jail time and also treat their underlying alcohol issues.

Scram is an electronic device that monitors your blood alcohol content through a skin sensor.   It is typically worn on your ankle and it communicates with a base station at your house.

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I’ve saved countless clients from having to go through the side door of the courtroom into jail by being proactive and having a scram device ready before we see the judge.    You see, most judges do not want repeat alcohol offenders on the road.   They want them in jail so that no one else gets harmed and the Judge gets blamed for allowing them out in the first place.

The voluntary installation of the Scram device on my clients has impressed judges in many ways.  First, most judges trust Scram to keep people from drinking.  No amount of AA classes or increased bail assures a judge that you will not drink the minute you are released.   On the other hand, a Scram anklet tells the judge you are taking responsibility for your actions and you are being proactive in helping get through them.

This past January I had a client that was facing 2 years in prison.   He not only had alcohol issues in the past but his present problems were caused by alcohol as well.    I met with my client’s family and had my Scram representative get the process started.   I then met with the Judge and the prosecutor where I extolled the virtues of this service coupled with counseling.  The Judge loved it and agreed to release my client from jail on the strict condition that he gets the Scram device installed immediately.      Needless to say, if it was not for our approach,  this young man would have been sitting in a jail cell right now.

If you’d like to know if Scram can help you in your case, please feel free to contact us at LABestDefense@gmail.com or 562 907 4448

 

do we bail him out?

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It’s probably one of the most common questions I hear when i first speak to families that are faced with a loved one in custody.  Their initial response is to rush to bail him out.   Whether this is a good idea or not, depends on two factors.  If your loved one is facing criminal charges, he will appear in court within 48 hours, not including weekends or holidays.  At that hearing the Judge or magistrate will decide to either release him from custody on his own recognizance (commonly called an O.R. Release) or to set a bail amount.   At that first hearing, we can move to get our client out on an O.R. release (which means that his promise to appear is sufficient and he need not put up any money or collateral).  We can also request that his bail amount be lowered.  One a couple of recent cases, we were able to reduce bail from 8 million to 1 million and from $120,000 to &20,0000.   On a 10 percent premium, that could save you at least $10,000 on bail.

The ultimate question remains, can you afford to bail him and AND get him proper representation.  If you can afford both an attorney and bail, then by all means get him bailed out.  You may still want to talk to us to see if we can lower the bail further or if we can guide you towards trustworthy bailbonds company. 

But if your finances don’t allow for both, then you are putting yourself in a very precarious position by bailing him out and then facing the criminal justice system without an attorney.  I have seen people bail out and appear in court without an attorney just in time for the bail to be increased and they go right back (obviously without an attorney to argue for them to stay out)

So the final word on the question of to bail or not to bail:  If you have the resources to bail and get strong representation, by all means bail them out (first consult us to see if we can save you money).   If you have to choose between bail and an attorney, remember that posting bail only gets him out that day and the criminal charges are still waiting for him.  

Best of luck,