My fiance is being charged with pc 530.5 and was out on a 50k bond,but at his arraignment they raised it to 600k,what motion should i file or what should i do
Your fiance needs a lawyer. His lawyer can argue the bail motions for him. You cannot file documents in the court or appear on his behalf if you are not a lawyer. He needs a good criminal defense attorney to represent him as soon as possible. This response is for informational purposes only. and is not offered as legal advice.
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
3 dates should have been set at his arraignment. Hopefully the first was a Bail Review court date. The second being a Readiness Conference and the 3rd a Preliminary Hearing.
Raising bail over 10x the original amount is quite the jump, but your husband is entitled to a Bail Review, even though the same judge will be reviewing the case for bail purposes. His attorney can also file any paperwork indicating any changed circumstances at any point throughout the case, especially after the Preliminary Hearing.
He was booked into jail based on San Diego county's "bail schedule." However, it appears the District Attorney may have added a lot of additional charges which led to the astronomical bail.
You should be consulting with an experienced local attorney ASAP. Substantial time in prison may be on the line.
Mary Frances PrevostDUI / DWI AttorneySan Diego, CA ·
Under the 8th Amendment to the United States Constitution, your hysband is entitled to reasonable bail that assures his presence in court. Excessive bail is unlawful. And if a judge sets bail just to make it impossible for him to nbail out, that is unlawful. We have had these bail issues in San Diego for a long time. Out criminal defense bar has obtained a promise by the presiding judge that the Sheriff's department will no longer "stack bail." That is, add bail schedule on top of bail scedule for each charge, even though the charges are part of the same event. it's unconstitutional.
However, we see that the Sheriff's department is still doing it.
Your husband is entitled to file a writ of habeas corpus. Very few attorneys know how to do these writs. You must hire a competent, experienced attorney who knows how to attack the wrongful acts of the government.