San Diego criminal defense lawyer Stefano Molea talks about the out-on-bail enhancement and what it means if one is charged with and convicted of such a crime.

Law Office of David P. Shapiro 3500 5th Avenue #304 San Diego, CA 92103 [ Ссылка ]

- Hi. Stefano Molea here, San Diego Criminal Defense Lawyer and Partner at the Law Office of David P. Shapiro, where we help good people regain control of the future when charged with a crime. So, let's say that you are arrested on a felony. You post bail or you're released on your own recognizance, and then you get arrested on another felony case and you post bail on that one. So now you've got two open felony cases. Well, what could happen? One thing that could happen is that the judge on the first case may say, "Look, one of the conditions of you being released on your own recognizance or on bail is that you violate no laws. I'm gonna find that there's a change in circumstances since you got arrested on another case to essentially raise your bail." So, you are now in danger of being taken back into custody. The judge could potentially say no bail at all or could raise your bail and again take you back in on that first case. But let's say that doesn't happen. The other thing that can happen is that the prosecutor can allege what's called the out-on-bail enhancement on that first case. And of course says, you would imagine, the out-on-bail enhancement says, while out on bail for a felony you got arrested for a second felony and it can only attach to that first case. And what that does is it can add potentially plus two years to any sentence that you receive if you are sent to prison. So it's obviously a very serious charge and it's very important that the case is organized in the right way. Meaning, if in the first case there is never a conviction, then the out-on-bail enhancement isn't going to stick. They cannot allege an out-on-bail enhancement on the second case. So, you really want to figure out potentially a global resolution that will encompass both cases if it's gonna go the plea bargain route; assuming that you decide you don't want to fight it all the way and exercise your constitutional right to take the case to trial. A global resolution will sometimes be in someone's best interest because it's going to encompass both cases, the totality of the alleged conduct, and also factor in this out-on-bail enhancement aspect to it. And so being able to really understand how those things fit in in the bigger picture are going to be important for you to have a clear idea of what your options are and so that you can make an educated choice about your future. Hope this information was helpful to you. If you have any questions feel free to leave them in the comments or give us a call. Stefano Molea here at the Law Office of David P. Shapiro. 295-3555

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