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.
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