What Paperwork Do I Have When I Get Out On Bail In Marin County?
The first court appearance is typically within 3 to 4 weeks, and the attorney can appear for the client in misdemeanor cases. In regards to what the jail is going to give you, they’re going to give you specifically two pieces of paperwork, possibly more if they’re giving you property slips and tow receipts. Of the two that they’ll give you, one is a notice to appear in court, which you sign. It’s a promise to appear in court, which will have your name and your court date on it, or have the charges on it. The other is typically a pink sheet, it’s a carbon of a multi-layered form, called a DS367 form. That’s a DMV form that the officer who arrested you typically fills out, and that acts as a temporary license.
The rest of that form, the attorneys will get later, once we get the police report and other discovery from the court. The DS367 page that you will get will be your temporary license, which is good for 30 days. It says on the front of that that you have the 10-day calendar days to contact DMV. It’s best to have the attorney you’re hiring contact DMV within those 10 days. This is a question a lot of people have for me, and this is really important. That sheet allows you to drive. You can drive anywhere. It’s not just to and from work or school or anything like that, that is your full license. Eventually you can replace it with a new hard copy license, specifically once the hearing has been set. Sometimes people go to DMV and request new hard copy licenses before the hearing has been set.
That’s up to the individual, and it depends on which county. Some counties are very slow at getting people their new temporary license. That new temporary license you’ll get later is a white piece of paper, which allows you to drive while the case is going on, until the conclusion of the court case or DMV case. Only if your license gets suspended would you lose your license at that point, for a period of time. But that pink sheet is good for 30 days, until you get the next one. If you don’t get that next one from DMV, which is generated once the attorney requests that hearing within 10 days, it’s still in the DMV system, as long as your attorney requests what’s called a Stay of Suspension. By requesting that, I always tell people to do that in writing, fax it over and have a fax receipt, mail it in, or you can call DMV in person if you do it yourself.
I recommend the attorney does it and gets a stay of suspension. That way you would be able to drive well beyond the 30 days, and you’ll get a new temporary after that. That’s the paperwork you’ll typically get from the court. The other paperwork, if you had to bail out, would be from the bail bonds company, saying what the bail amount is. They have your court date on that sheet or that paperwork as well. If you do need to bail out, most bail companies, you can ask them if hiring an attorney, and having an attorney fill out some paperwork that the bail agents will send them, can get you more of a discount on bail.
Typically these days, it used to be 10%, now most are gone to 8%. Some are even lower. It’s been changing, but say someone charges you 10%. You can go to them a few days later and say, “Hey, I have an attorney for this, can you send them forms so that I can get a discount on my bail,” and sometimes you can save a few hundred dollars with that. That’s something else to look into.
Is Pretrial Probation Required For A DUI Case In Marin County?
Assuming you are released from jail and you don’t have court for a while, there will be no one to meet with. Once you do go to court, a lot of times for felonies or real high blood alcohol level or multiple offense misdemeanor cases, they will require some type of alcohol counseling, which would be AA meetings. That would not make you meet with pretrial services. It would just be a proof that you or your attorney would bring back to court, to show the court each time that you’re doing the AA meetings. But sometimes, as a requirement of being released on their own recognizance and staying out of jail, they make people put on an ankle monitor that measures alcohol. That’s called a SCRAM monitor, and that is monitored by LCA in the probation office.
What you would have to do is, after court, go up to LCA up on the second floor, room 259, at Marin County Civic Centre. They would let you bring your paperwork up there, they would put the ankle monitor on you, and they’re monitoring to make sure that you have no alcohol in your system while the case is going on. That would be the pre-trial services type monitoring that might happen in a DUI case but again, that’s typically if it’s a very high blood alcohol level, if you have multiple offenses, or you’re on probation. If it’s a felony case, they’re even more likely to do that.
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