Frequent Questions

Will I have to appear in court?

If you hire Law Offices of Miranda McCroskey, you may never have to appear in court.

Most Orange County Superior Courts will allow the lawyer to appear without the client on misdemeanor criminal cases.  The attorney may appear without the client, enter a plea of not guilty, negotiate the case with the District Attorney and even resolve the case without the client ever making an appearance.  A domestic violence charge is an exception – in a domestic case the court will require that the client be present on the first court date with an attorney in order to be served with a protective order as required by law.  Felony cases with few exceptions require the appearance of the client every time the case is in court.

If you fail to appear in person on your court date, or without having an attorney present on your behalf a warrant can be issued for your arrest.

How do I post bail?

A skilled attorney can help get the client out of jail by reducing bail or by removing bail altogether. In Orange County an attorney can talk to a 24-hour magistrate about reducing bail or removing bail, or getting a client released on his own recognizance. 

Most people accused of crimes are eligible to have bail set.  The court will consider a Bail Schedule - which lists every crime and corresponding bail amount - in deciding what amount of bail to set.    The court will also look at the nature of the charge, and whether the client is a flight risk – that is if the client will appear at his posted court date.

In general, misdemeanor bail amounts range from about $10,000 to $25,000.  Felony bail amounts are usually $25,000 up to $1,000,000 for very serious crimes.  For felony probation violations often no bail is set, and the client must wait until his case is resolved before getting released from custody. 

Law Offices of Miranda McCroskey recommends Premiere Bail Bonds at (800) 662-0056. 

What is Home Confinement?

If a client is sentenced by the court to serve jail time it is possible to serve that time on “home confinement” or “alternative sentencing.” 

In Orange County, persons convicted of misdemeanors, and, on occasion felonies, may be eligible for home confinement unless they are convicted of a violent crime or have been convicted of a violent crime in the past.  The county has a large incentive to offer home confinement because it saves money in the housing of inmates.  The client must pay a fee for home confinement; the fee is determined based on income.  Home confinement involves the placing of an electronic bracelet around the ankle of the person sentenced to jail.  The individual can continue to work while wearing the bracelet.  In addition, one telephone line at the home must be dedicated to the home confinement device at all time. 

What is Penal Code § 1000?