If I'm arrested for a felony DUI but then charged with misdemeanor shouldn't or can my bail be lowered to suit the charges?

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I had 100,000 dollar bail. I paid the 10% with 2000 down and 8000 on a promissory note to the bail bondsman. The DA said thats the bail statue for a felony DUI. I wasn't charged with a felony it came back as a misdemeanor...can they still hold me a felony bail? Basically will they lower the bail and return the difference to the bail bondsman?

Attorney Answers

6
Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
you should have the bail reduced . you need a san diego attorney such as myself. it was unclear if you have been arraigned or just found out the the case would be charged does a misdemeanor dealing with the bailbondsman may be a problem it depends on the bondsman whether or not he will let you out of your contract since he didn't post the felony bail amount to secure your release contact me about your case if you decideto contact an attorney >
0 upvotes
Michael Norton ·
Did your attorney make a motion to reduce bail? Even if they did it is unlikely the bondsman would give you any money back. It depends on the terms of your contract with the bondsmand. Unfortunately, they usually have a standard contract that covers these situations. Many times they offer a discount if you get a private attorney. You should hire a DUI attorney to fight the case anyway. Mike Norton 760-420-5537
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Christopher Sohovich ·
I agree with what my colleagues have said. It will depend on the terms of the contract with the bail bondsman. It is possible to get the money back if he hasn't posted a felony bond. You should hire a local DUI attorney to help you through the process. Chris Sohovich 619-206-5769
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William Daley ·
A good attorney should be able to assist you In getting the bail amount that you owe the bondsman reduced to whatever the amount is that is acceptable to the court. One of us local criminal defense attorneys should be able to assist you in this type of situation. http://lawofficeofwilliamdaley.com/san-diego-criminal-attorney/dui-the-dmv
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Mark Deniz ·
I agree with my colleagues as well. Your attorney should be able to assist with the issue. Good luck.
0 upvotes