May 15, 2017 By Paul Wallin

Why Bail is Denied (PC 1275)

When a loved one has been arrested, you will likely be willing to do almost anything to get him or her out of custody. In many criminal cases in California, there is a perfectly legal way to have your loved one released from jail. You can post the “bail” amount that the court sets for the release of your loved one.

The court will often allow criminal defendants to be released in exchange for money. When you pay bail, you are essentially offering a monetary promise to show up to all future court hearings.

However, under California Constitution Article I, Section 12, there are some circumstances in California where bail is denied by a judge. What are some of these circumstances in which I may lose my right to bail?

You are Charged with a Felony Offense Involving Violence or Sexual Assault

If you are charged with a felony offense that involved an act of violence or if you are charged with felony sexual assault, you could be denied bail. In order to deny you bail under these circumstances, the judge must find all of the following to be true:

  • There is strong evidence to suggest you are guilty of the crime you are accused of, AND
  • There is clear and convincing evidence to show that you are likely to commit substantial bodily harm to others if you are released.

Your Alleged Offense is Punishable by Death

There are few crimes in California that are punishable by death. If you happen to be accused of one of these crimes, you could be denied bail. You cannot be admitted bail if:

  • You are charged with an offense that is punishable by death, AND
  • The proof that you are guilty of the crime is clear and convincing or the presumption of guilt is great

You could be denied bail in theses cases even if prosecutors are not pursuing the death penalty against you.

You Intend to Commit Great Bodily Harm Against Someone

You could be denied bail under the following circumstances:

  • You are charged with a felony crime
  • There are clear and convincing facts or the expectation is strong that you threatened to cause great bodily harm to another person, AND
  • There is a substantial likelihood that you would carry out the threat if you were to be released from custody

In order for a judge to consider denying you bail under any of these circumstances, the prosecution must present convincing evidence to show that letting you be released from custody would present a danger to the community.

Contact the Criminal Defense Attorneys at Wallin & Klarich Today

If you or a loved one has been denied bail, you should contact a skilled criminal defense attorney right away. At Wallin & Klarich, our criminal defense attorneys have over 40 years of experience successfully representing our clients in bail matters. We have successfully helped many clients obtain bail or have their bail reduced, and we can help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich attorney available to help you no matter where you are located.

Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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