You Just Got Arrested for a Felony: Now What?
If you have been arrested for a California felony during the pandemic, you probably have a lot of questions about what will happen. In an effort to contain the spread of the COVID-19 virus and ensure the health and safety of all Californians, the California Court System has taken steps to protect people who are arrested as well as those who are currently incarcerated. Your ability to take advantage of these protections depends in part on your charges.
As Dan Chambers, an experienced Orange County criminal defense attorney, explains in a recent video, there are three possibilities if you are arrested or are currently incarcerated on a California felony.
First, if you have been charged with a low-level felony, you may be released from custody without posting bail. Earlier this year, the California Supreme Court enacted a bail schedule that provided for no bail for a range of nonviolent offenses. The criminal charges on this bail schedule are predominantly misdemeanors, but it also includes non-serious felonies. Although the bail schedule has expired, some local courts are still following it. If you are not automatically released without bail, your Orange County criminal defense attorney can make an argument for why you should be based on the reasons behind the bail schedule.
Second, if you have been charged with a more serious felony that was not part of the COVID-19 bail schedule, you will be required to post cash bail in order to be released. However, there are still a number of strong arguments to make about why your bail should be lowered. In particular, your lawyer may be able to convince the court that it isn’t safe to hold you in jail, both for your own health and safety and due to the risk that you may unknowingly introduce the virus to other inmates.
Third, if you are currently incarcerated after being charged with a felony, you may be able to have your bail reduced or request a release on your own recognizance (ROR). In order to successfully make this argument, you will need to prove to the court that there is a serious risk that you could contract the virus. Evidence that the coronavirus is running rampant in local jails and prisons is a good start. Additional proof that you have an underlying medical conditions, such as asthma, or that you are otherwise susceptible (perhaps due to age) will also help bolster your case.
The most important thing that you can do after being arrested on a California felony is reach out to a seasoned Orange County criminal defense attorney as soon as possible. Your lawyer can advocate for your rights, both in getting you out of custody and later in a criminal proceeding. The Chambers Law Firm has significant experience handling a range of felony cases. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
