This is a good question because there is no perfect, exact answer. Typically, what you should do if you're a family member or even the person who is in custody and you're trying to figure out when you're going to get into court you have to get an attorney and give them all the information – where you're being held, what the charges are, what the bail is when you were arrested – because all these things factor in.
Typically, in the San Fernando Valley, when you're arrested, you will be in court within seventy-two hours if you don't bail out. However, if you get charged on a holiday or a long weekend, that time can be extended.
I've seen it take as much as five days because somebody was arrested near a holiday. So, they have to get you in court, obviously, within a reasonable amount of time. In San Fernando or Van Nuys, CA, the judiciary and the legislature have determined within seventy-two hours. That's essentially the hard and fast rule when someone gets arrested in LA and is trying to determine when they will appear in court.
The exact time is never precise. Let's say they arrest you on a Friday in Van Nuys court, and you're being held in Van Nuys jail, and then you're going to have to appear in court, you would think – being held in Van Nuys jail, which is a stone-throw away from the Van Nuys court – you'd be in there on Monday.
However, you can often go there on Tuesday for various procedural reasons. Another unusual thing I've observed with that example is that instead of taking you directly from the Van Nuys jail to the courthouse, which makes sense to most people, including me, they take you downtown to the IRC, which is the Inmate Reception Center. They process you through there and bus you back to Van Nuys for your court appearance. So, sometimes, that's why you don't go to court right away; instead, an extra day or two elapses.
If you post bail on the case, they typically give you a court date within thirty days of your arrest. So, you get released relatively quickly, usually within a few hours of the bail being posted, depending on what's going on with the sheriff or police departments.
Sometimes their computers are down, which can delay someone's release even after they have hired a bond company to post a bond. They're going to let you out of custody once you verify if you have any warrants. If their computer system is down, which happens frequently, it can delay the process of checking for contracts and, therefore, cause you to wait for your release.
Posting Bail on a Criminal Case
The only drawback of posting bail on a case is that it gives the police and prosecutors an additional thirty days to investigate your case and gather the necessary paperwork. If you post bond right away, you get into court within seventy-two hours, which forces the police to have the evidence necessary to hold you.
If the prosecutors don't think they have a case, they won't file it many times. They'll reject it. Sometimes, they reject it outright. Other times, if they see that the police can do an investigation and possibly get the evidence they need following your arrest in San Fernando Valley, they can reject the case for now but set it a couple of weeks away to give the police enough time to investigate it so they can make the final official determination whether or not they're going to file charges against you in a criminal case.
When faced with an arrest in the San Fernando Valley, it's crucial to act quickly. Consulting a defense attorney should be your first step, as they can provide essential information about your court appearance, bail amount, and the best strategy moving forward. This proactive approach can significantly impact the outcome of your case.
It's important to note that an attorney can provide comprehensive assistance in the bail process. While a bail bond agent can provide information, an attorney can guide you through the entire process. For instance, your bond might be set at a certain amount, but your attorney could potentially get the bond lowered, saving you money with the bail bondsman, or even secure your release on your recognizance, which would cost you nothing.
If you have no job and it's not a violent crime, you have a fighting chance of getting out with your attorney present in court, asking the judge to grant you an OR (or 'own recognizance') release. An OR release means you are released from custody without having to pay bail, based on your promise to appear in court. Whereas, if you post bail on the case first and deal with the bail bond agent first, even if the attorney can get you an OR release and get your bail reduced, the bond company will keep their money or premium.
Therefore, it's crucial to coordinate with an attorney immediately after an arrest to determine the court appearance schedule, the likely bail amount, and the best strategy moving forward. For personalized legal advice and assistance, consider reaching out to the Hedding Law Firm for help.
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