Are There Any Instances in Which a Judge Can Deny Bail? (PC 1271)
If you were arrested for a crime, your first instinct is probably to pay bail so that you can be released from custody. You’ve already spoken to a criminal defense lawyer to get a discounted rate on bail bonds and you have the necessary funds. But what happens if you are denied the opportunity to post bail?
In California, a judge can deny bail for persons in custody. Under what circumstances could a judge decide to deny bail?
Deny Bail – California Constitution Article I, Section 12
Although California Penal Code section 1271 presumptively entitles a defendant to bail, a court can deny bail in certain sex crimes cases. California Constitution Article I, Section 12 states the following:
“A person shall be released on bail by sufficient sureties, except for: ….(b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is substantial likelihood the person’s release would result in great bodily harm to others.”
In other words, there are a few things the judge considers when deciding whether to deny bail in California. Those are:
- You are accused of committing a crime
- For the purposes of bail, you are presumed guilty of the crime; and
- The prosecution must show by convincing evidence that granting you bail and letting you be released would present a danger to the community
If all of these elements are satisfied, there is a possibility that you may not be afforded the opportunity to post bail. For instance, if you are accused of rape, a judge could deny bail if prosecutors present convincing evidence that there is a substantial likelihood that granting you bail would result in great bodily harm to another person.
Speak to a Criminal Defense Attorney Before Posting Bail
If you are denied bail, you will have to remain in jail until your case is over, and beyond if you are found guilty of the crime you are accused of. That is why you need to speak with an experienced criminal defense attorney right away. Your criminal lawyer will attempt to show the court that you are not a danger and that you should be released on bail. Your attorney can also help you save thousands of dollars on bail fees.
At Wallin & Klarich, our skilled criminal attorneys have been successfully helping our clients facing criminal charges for over 40 years. With offices in Los Angeles, Orange County, Riverside, San Bernardino, San Diego, Victorville, Torrance, West Covina and Sherman Oaks, we can help you now.
Call our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
