Bail Hearings – California PC 1275
The court will consider two general factors at the bail hearing: the danger to the public if you are granted bail, and the likelihood you will appear in court. The criminal defense attorneys with Wallin & Klarich provide this article so you will be aware of what to expect during the bail hearing.
DANGER TO THE PUBLIC IF RELEASED – CALIFORNIA CONSTITUTION, ARTICLE 1 SECTION 28(F)(3)
This is the most important consideration when determining whether or not bail will be granted, and the amount of that bail (California Constitution, Article 1, Section 28(f)(3)). Other factors are considered as well, including:
- The seriousness of the charge against you.
- Your criminal history.
- Whether or not you previously threatened the alleged victim.
- The potential danger you may pose to the alleged victim or that victim’s family.
- Statements provided by the alleged victim in regard to the danger you pose.
- Depending on the circumstances, the strength of the preliminary evidence against you.
THE LIKELIHOOD YOU WILL BE PRESENT IN COURT
This is the other main determination the court will make when determining whether or not to grant bail, and the amount of that bail. The main factors that go into that determination include:
- If you have failed to appear in court, in either the current case or previous cases (California Constitution, Article 1, Section 12(c)).
- The ties you have to the community (California Penal Code Section 1270.1(c)).
- Whether or not you willfully misled the court in a previous appearance (California Penal Code Section 1275.1(i)).
If the court is satisfied you will appear in court when ordered, then the court may release you on your own recognizance. This means you will be released from custody without having to post bail upon your written promise to appear (California Constitution, Article 1, Section 12(c)).
If you are accused of any of the following offenses, the court, under California Constitution Article 1, Section 12, the court will not set bail:
- Capital crimes with special circumstances.
- Certain felonies where the court feels that, if released, you would endanger the public’s safety.
- Certain felonies where you have made previous threats of physical violence against a person, and the court feels you will carry out those threats if released.
RELEASE HOLDS: CHALLENGING THE SOURCE OF THE FUNDS USED TO PAY THE BAIL AMOUNT – CALIFORNIA PENAL CODE SECTION 1275.1
The prosecutor has the right to demand a hearing that challenges the source of bail bond fees or collateral. The court, under California Penal Code Section 1275.1, will not grant bail unless it is convinced the bail premium or collateral is property that is lawfully owned by the accused. If the prosecutor has any reason to believe the bail premium or collateral was unlawfully gained, it can be demanded that the court conducts a hearing. You will not be granted bail until that hearing takes place. You must then bear the burden of proving the bail bond premium or collateral was obtained lawfully. If you are charged with a white collar crime, drug crime or any other crime, and you are accused of having illegally obtained a large amount of money, then a hold may be placed on bail. That hold must be released if either you meet that burden of proof or the court does not act within 24 hours after placing the hold.
WALLIN & KLARICH WILL BE THERE WHEN YOU CALL
You will need an experienced attorney if you or someone you know has been arrested – an attorney who will provide quality representation at every phase of the criminal proceeding. The attorneys at Wallin & Klarich has helped people accused of crimes for more than 40 years and aggressively protected their rights. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina. If you would like a consultation, call us toll free at (877) 4-NO-JAIL. We will be there when you call.