What If I (Or My Loved One) Cannot Make Bail For Dui In Los Angeles?
The Court of Appeal affirmed the trial court docket because Penal Code §1305(g) requires that the defendant be detained within the presence of a neighborhood law enforcement officer and identified in an affidavit made by that officer. Here, there was no affidavit from a Mexican legislation enforcement officer, and it was not clear that the defendant had ever been detained in the presence of the Mexican authorities. On appeal the court didn’t reach the discover issue as a result of it agreed with the surety that the trial courtroom lost jurisdiction to forfeit the bond when it reinstated the probation. The incontrovertible fact that the bail agent consented on the surety’s behalf didn’t change the truth that the court had no jurisdiction.
The Court acknowledged, “Although Post didn’t appear on July 5, she did appear on July 12. At the July 12 listening to, the court continued Post on probation when it ordered her to seem on July 19 to provide proof of enrollment within the volunteer program. By returning Post to probation, the bail was exonerated by operation of law. California Penal Code §1305(a) requires that the forfeiture be declared in open court docket. There was no transcript of proceedings, and the courtroom clerk’s minutes did not present that the forfeiture was, or was not, declared in open court.
The second arrest was on the proper cost, but the trial court withdrew the warrant … Read More