1 00:00:00,010 --> 00:00:04,059 At this bail hearing there are four factors 2 00:00:04,059 --> 00:00:08,090 that a judge will consider in deciding whether to reduce bail 3 00:00:08,090 --> 00:00:12,150 or grant an OR. First of all, the judge looks at the 4 00:00:12,150 --> 00:00:16,190 seriousness of the new underlying offense. 5 00:00:16,190 --> 00:00:20,260 Did it involve violence? Did it involve corruption? Was there 6 00:00:20,260 --> 00:00:24,290 an alleged victim who was injured or who was out a lot of money. 7 00:00:24,290 --> 00:00:28,290 The more serious the crime, the less likely the judge 8 00:00:28,290 --> 00:00:32,340 is to lower bail or grant an OR release. 9 00:00:32,340 --> 00:00:36,350 The second factor that the judge looks at is the defendant's 10 00:00:36,350 --> 00:00:40,380 criminal history. So somebody who has a clean record 11 00:00:40,380 --> 00:00:44,390 obviously is going to fare much better at a bail hearing than someone who has 12 00:00:44,390 --> 00:00:48,430 an extensive criminal past. The third factor that the judge 13 00:00:48,430 --> 00:00:52,450 looks at in a bail hearing is the probability that the person 14 00:00:52,450 --> 00:00:56,510 will come back to court for future court dates. We sometimes call 15 00:00:56,510 --> 00:01:00,560 this the issue of whether the person is at flight risk. 16 00:01:00,560 --> 00:01:04,610 In accessing, the judge is gonna look at how long has a person lived 17 00:01:04,610 --> 00:01:08,610 in the community, are they a long time resident or a transient? 18 00:01:08,610 --> 00:01:12,620 The judge also looks at, have they ever failed to appear 19 00:01:12,620 --> 00:01:16,670 for court dates in the past? Do they have a record of failing to appear? 20 00:01:16,670 --> 00:01:20,730 And the judge will look at whether they have substantial ties to the community. 21 00:01:20,730 --> 00:01:24,790 Does the person have a family and a job and 22 00:01:24,790 --> 00:01:28,810 civic activities in a home, or own property in the community? 23 00:01:28,810 --> 00:01:32,860 The more the person is stable and has a long term presence 24 00:01:32,860 --> 00:01:36,890 in the community and ties to the community, the more likely the judge 25 00:01:36,890 --> 00:01:40,960 is to reduce bail or grant an OR release. The fourth and final factor 26 00:01:40,960 --> 00:01:45,010 that a judge looks at a bail hearing and probably the most 27 00:01:45,010 --> 00:01:49,020 important is whether the person poses a danger to public 28 00:01:49,020 --> 00:01:53,060 safety. Is a person accused of a crime involving violence 29 00:01:53,060 --> 00:01:57,060 or weapons? Does a person have a violent history? 30 00:01:57,060 --> 00:02:01,070 If the judge feels that the defendant, if released would 31 00:02:01,070 --> 00:02:05,080 pose a danger to witnesses in the case or the alledged victim in the case 32 00:02:05,080 --> 00:02:09,110 or the community in general, then the judge will be very hesitant 33 00:02:09,110 --> 00:02:13,130 to lower that bail or grant them an OR release. 34 00:02:13,130 --> 00:02:17,190 I am attorney Neil Shouse, if your loved one is 35 00:02:17,190 --> 00:02:21,220 custody and you're looking to get bail reduced or an OR release 36 00:02:21,220 --> 00:02:25,265 call me and let's see what we can do to get that accomplished.