DETERMINING THE BAIL AMOUNT AT THE BAIL HEARING – CALIFORNIA CONSTITUTION ARTICLE 1, SECTION 12 AND SECTION 28(F)(3); CALIFORNIA PENAL CODE SECTION 1270.1(C), PENAL CODE SECTION 1275.1(I)

At the bail hearing, the court considers two general factors: the danger to the public if the accused is released from custody and the likelihood he will appear in court.

DANGER TO THE PUBLIC IF RELEASED – CALIFORNIA CONSTITUTION, ARTICLE 1 SECTION 28(F)(3)

This factor is the most important consideration in determining the bail amount.  (California Constitution, Article 1, section 28(f)(3).)  The court looks to the following indicators:

•    Seriousness of the crime
•    Previous criminal record
•    Potential harm to the alleged victim or alleged victim’s family, or whether the accused has previously threatened the alleged victim
•    The alleged victim’s statements regarding the accused person’s dangerousness
•    The strength of the preliminary evidence against the accused (depending on the circumstances).

LIKELIHOOD ACCUSED WILL BE PRESENT AT HIS COURT APPEARANCES

The court looks to the following circumstances:

•    The accused person’s prior failures to appear, in the current case or in other cases, (California Constitution, article 1, section 12(c))
•    The accused person’s ties to the community, (California Penal Code section 1270.1(c))
•    Whether the accused willfully misled the court in a previous appearance.  (California Penal Code section 1275.1(i).)

If the court is convinced that the accused will attend all his court appearances, he may be released on his own recognizance, meaning that accused will not have to post bail to be released from custody, but can be released upon his written promise to appear.  (California Constitution, article 1, section 12(c).)

Under California Constitution Article 1 section 12, the court will not set bail if a person is accused of the following:
•    Capital crimes with special circumstances
•    Certain felonies where the court is convinced that the accused would be a serious threat to public safety if released from custody
•    Certain felonies where the court is convinced that the accused has previously made threats of physical violence against a person and will carry those threats out if released.

If you or someone you know has been arrested, you will need an experienced attorney who will aggressively represent you at all phases of the criminal proceeding, from the time of your arrest until trial.  At Wallin & Klarich, we have helped people accused of crimes for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

RELEASE HOLDS: CHALLENGING THE SOURCE OF THE FUNDS USED TO PAY THE BAIL AMOUNT – CALIFORNIA PENAL CODE SECTION 1275.1

The prosecutor can demand a hearing challenging the legality of the source of the collateral or bail bond fees.  Under California Penal Code section 1275.1, the court will not accept bail unless the court is convinced that the source of the collateral or bail premium is the person’s lawful property.  If probable cause exists to believe that the collateral or the bail premium was obtained by “unlawful means,” then the court can conduct a court hearing before the accused is permitted to be bailed out of jail.  The burden then shifts to the accused to prove by a preponderance of the evidence that the collateral or bail bond fees were lawfully obtained.  Holds may be placed in white collar crimes, drug crimes, or crimes where the person is accused of having a significant amount of money that was illegally obtained.  If the accused meets the burden or the court fails to act within 24 hours of the declaration seeking a hold, the accused must be released on bail.

If you or someone you know has been arrested, you will need an experienced attorney who will aggressively represent you at all phases of the criminal proceeding, from the time of your arrest until trial.  At Wallin & Klarich, we have helped people accused of crimes for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

THE DECISION TO POST BAIL IMMEDIATELY OR WAIT IS A CRITICAL DECISION

In determining whether to post bail immediately or wait until the arraignment to post bail, the accused must consider several factors.  Before deciding what to do, review the following factors with an experienced criminal defense attorney:

•    The current criminal charges and the current bail amount
•    Whether your defense attorney believes that the prosecutor will file more or less serious charges at the arraignment
•    The type of local contacts the accused has
•    Whether the accused has a prior criminal record
•    The amount of character letters and characters witnesses the accused can gather to support lowering the bail amount
•    The overall chances that bail will be increased or reduced at the bail hearing
•    If the accused posts bail quickly, it gives his attorney more time to work on the case and convince the prosecutor to reduce the charges, or even persuade the prosecutor not to file charges at all.  If the accused waits before posting bail, the prosecutor must quickly decide whether and what charges to file.

Each of these considerations can affect the bail amount, so think carefully and consult with a criminal defense attorney before deciding what to do.

If you or someone you know has been arrested, you will need an experienced attorney who will aggressively represent you at all phases of the criminal proceeding, from the time of your arrest to trial.  At Wallin & Klarich, we have helped people accused of crimes for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

WHY SHOULD I CONTACT A CRIMINAL DEFENSE LAWYER BEFORE DECIDING WHETHER TO POST BAIL?

A criminal defense attorney can greatly assist you before posting bail, both in the context of your overall legal defense and in potentially saving you thousands of dollars in negotiating a reduced bail amount.  Consulting with an attorney before posting bail can help you in the following ways:

•    A criminal attorney can quickly determine how much it would cost to make bail in your case.
•    A criminal attorney can explain the different types of bail that can be posted.
•    In some cases, an attorney can negotiate with a “detention release officer” and attempt to have bail lowered or have the accused released without the need to post bail (called “release on the person’s own recognizance”).
•    If you retain a Southern California defense attorney soon after you are arrested, you will only have to pay an 8% bail bond premium instead of the usual 10% of the bail amount.
•    The accused person is often confused or frightened after being arrested, and police officers can exploit this during interrogation.  If you notify law enforcement that you wish to speak to an attorney before interrogation, an experienced defense attorney can review the case with you first to get “your side of the story.”  A defense attorney can also be present at all law enforcement interrogation and negotiation with the prosecutor to ensure your rights are protected.
•    A criminal defense attorney can begin to prepare for the bail hearing, which usually takes place within two days of arrest if the accused doesn’t post bail earlier.

Though posting bail is one of the first steps in the criminal trial process, it is critical that you start your defense properly.  Retaining an experienced criminal defense attorney as soon as you are arrested is the beginning of a good defense and can potentially save you thousands of dollars in reduced bail fees.

If you or someone you know has been arrested, you will need an experienced Orange County defense attorney who will aggressively represent you at all phases of the criminal proceeding, from the time of your arrest until trial.  At Wallin & Klarich, we have helped people accused of crimes for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.