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Archive for May, 2009

To Bail, Or Not To Bail?

Tuesday, May 26th, 2009

A convenient, although not necessarily economically feasible, method of posting bail, and securing release from jail following an arrest is the posting of cash bail in the amount indicated in the order admitting one to bail. In Santa Clara County this is generally accomplished by delivering a cashier’s check to the Santa Clara County Sheriff’s Department booking office.

Another method of securing release from jail is by posting a property bond. Real Estate equity is allowed as bail when its value is equal to twice the amount of any required cash bail. This method will require the filing of an appraisal and a preliminary title report with the court. Further, at least one court hearing, perhaps more, will be required.

A person may also be released from jail on his or her own recognizance, no bail required, in the court’s discretion. That discretion is most likely to be exercised in order to keep the jail population within the confines of Federal Court orders regarding overcrowding. In Santa Clara County there is an office of Pre-Trial Services that handles all own recognizance release recommendations to the court. As with bail, an own recognizance release may require conditions such as surrender of a passport to the court, maintaining periodic contact with a pretrial services officer, and others.

The most convenient method of securing release from jail, and the one most often used, is by posting bail through a bail bonds person. Bail bond agents will generally require a premium equal to 10% of the required bail, although the premium amount is negotiable. Tying up real property as potential collateral is also generally required.

If you need advice regarding bail, or wish a referral to a reliable and competent bail bond agent that offers negotiable premiums, call the San Jose Criminal Defense Lawyers at the office of Bernard P. Bray.

Can a criminal conviction result in deportation for the non-citizen?

Sunday, May 24th, 2009

The Obama Administration has demonstrated through its Home Land Security Secretary Janet Napolitano that it is in line with the Bush administration on some immigration issues, and has made deporting immigrants who have committed crimes a top priority. The Administration is in the process of instituting immigration status checks of virtually every person booked into local jails nationwide. This will undoubtably, ultimately, result in a dramatic increase in deportation proceedings. Historically, this checking was only done for persons committed to state prisons and Federal institutions.

There are many crimes referred to in the nomenclature as “aggravated felonies”, convictions for which will result in automatic deportation for the non-citizen. The list of such crimes includes many misdemeanors, although misdemeanors are generally meant to encompass less serious or dangerous crimes than those crimes traditionally designated as felonies.

Aggravated felonies include any crime of violence for which a jail term of at least one year is imposed, theft crimes for which a jail term of one year is imposed, drug sales, firearms offenses, violence crimes including domestic violence offenses, offenses resulting in a loss in excess of $10,000.00, most sex offenses, and a vast list other crimes.

There are many offenses conviction for which will still allow the non-citizen to apply for waivers to deportation, rather than face automatic deportation, but there are no exceptions to deportation for persons convicted of an aggravated felony. When faced with a criminal charge, no matter what the charge, the non-citizen is well advised to seek out the assistance of competent criminal defense counsel immediately.

If you or someone you know is facing this situation contact the San Jose Criminal Defense Lawyers of The Law Office of Bernard P. Bray.

Call Now: (408) 292-9700

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