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The Importance Of Honestly Disclosing All Aspects Of The Case With A Criminal Defense Attorney

Interviewer: What sort of information should people tell you, that they typically forget to tell you or hesitate to tell you about?

Matthew Murillo:  The most important thing is being completely honest. I do my best to try to get as much information out as possible, but ultimately if you leave a prior conviction out, that may hurt your case.  Say that we are sitting down and talking about a case and you leave a prior conviction out, that’s obviously going to hurt the case because I don’t know what I need to protect you from, if you don’t disclose everything. We do have an attorney-client confidentiality privilege. So you should feel comfortable in telling me everything about the case, because I need to know what’s out there that can hurt you, and what’s out there that can’t.I don’t like to be surprised with extra information.  Usually what most people tend to forget are old convictions, that maybe happened 15 years ago, 20 years ago, or 5 years ago. Things like that, people will usually forget.

The Process of Indictment For Criminal Charges in the State of California

Interviewer: What does it mean if being indicted?

Matthew Murillo:  An indictment is basically being formally with a crime, usually being indicted is associated with being accused with a federal offense. That’s what you would have a jury deciding whether or not, there is sufficient evidence to charge you, with a crime.

The Process of Bail for Criminal Offenders in the State of California

Interviewer: How does bail work? And how is bail imposed? Do you have to pay it all in cash? Do you ever get it back?

Matthew Murillo:   Bail is one of those things that is sort of set by statute.  There’s a statutory fee schedule in California, that essentially says how much will be required as your bail, depending on what charges you were arrested for. You can always ask to see a judge to ask them to reduce bail, or to be asked to be released on, what’s called your “own recognizance”, which is basically nothing more than a promise to appear instead of posting bail. But the way that it works is, if you post bail yourself, then you’re basically depositing that money with the court and saying the Court can hold it and keep it if you fail to appear.  If the amount is $5,000, for example, you would need to deposit 5,000 with the court, and if you fail to appear at any hearing, you court can keep this money. But if you appear at all your hearings, once the case is over, you get the money back.

An Individual Can Either Pay the Bail in Cash or Use the Services of a Bail Company

You can choose to pay it yourself; if you do, most places will require that it’s paid in cash. You can also choose to use the services of a bail company. Their rates will vary and sometimes they require that you put in 10 percent of that total bail amount. So, in the case of a $5,000 bail, and the bail company is requiring 10%, then they will want you to put up $500, and then they will put up the remainder of it.Now, the difference,when you use a bail company, is that at the end of the case, assuming you made all your appearances, the bail company gets all their money back.  They put up the $5,000.  They also get to keep the$500 they collected from you as their fee, for putting up that money.  They may also require some sort of collateral from you before agreeing to post bail for you, but they get all their money back, you don’t get anything back.

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