BAIL OVERVIEW – CALIFORNIA PENAL CODE SECTION 1275

The right to reasonable bail is protected by the California Constitution and the California Penal Code.  (California Constitution article 1, section 12(c); California Penal Code section 1275.)  Since our criminal system presumes a person is innocent until proven guilty, he must ordinarily be given the opportunity to be released on bail.

A bail hearing will generally be heard at the accused person’s first court hearing, called the arraignment.  The prosecutor and the alleged victim must be given notice of the bail hearing for a serious felony, and must be given an opportunity to be heard regarding the accused person’s release on bail.  (California Constitution, article 1, section 28(f)(3).)

The court will consider two general factors in determining the bail amount: the danger to the public if the accused is released and the likelihood the accused will be present at all future court appearances.  Of these two factors, the danger to the public is the more important consideration.  (California Constitution, article 1, section 28(f)(3).)

A person can also be released on his own recognizance, meaning that bail does not have to be posted because the court has good reason to believe that the accused is not dangerous and will be present for all court appearances.  (California Constitution, article 1, section 12(c).)  Under article 12 section 1 of the California Constitution, if a person is accused of a crime punishable by the death penalty or a serious felony and the likelihood of danger to the public is high, the court can refuse to set a bail amount, meaning the accused must remain in custody while the case progresses.

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.