What judges consider at a bail hearing

http://www.shouselaw.com/bail-hearing.html 888-327-4652 What do California judges consider at a bail hearing? A defense lawyer explains the 4 key factors.

Being arrested for a crime and thrust into the California criminal justice system can be frightening and overwhelming. But rest assured, we're here to help. As former cops and prosecutors (now dedicated to defending and protecting your rights), we not only understand how bail hearings work, but also how to use it to your advantage.

Asking the court to reduce or eliminate your bail is just one example. This is a useful tool that is often overlooked by less experienced criminal defense attorneys.

"Bail" is money that the court requires you to pay in order to assure your court appearances. You post bail by either paying the full amount in cash or, more commonly, through a bail bond.

You can secure a bail bond through a bail bondsman (or bail agent). Bail bondsmen agree to post your bail in exchange for a maximum 10% of the full bail amount. This 10% is a nonrefundable fee.

If you have additional questions about California's bail laws, bail hearings, or O.R. release procedures, or you would like to discuss your case confidentially with one of our attorneys, do not hesitate to contact us at Shouse Law Group.
We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

At this bail hearing there are four factors

that a judge will consider in deciding whether to reduce bail

or grant an OR. First of all, the judge looks at the

seriousness of the new underlying offense.

Did it involve violence? Did it involve corruption? Was there

an alleged victim who was injured or who was out a lot of money.

The more serious the crime, the less likely the judge

is to lower bail or grant an OR release.

The second factor that the judge looks at is the defendant's

criminal history. So somebody who has a clean record

obviously is going to fare much better at a bail hearing than someone who has

an extensive criminal past. The third factor that the judge

looks at in a bail hearing is the probability that the person

will come back to court for future court dates. We sometimes call

this the issue of whether the person is at flight risk.

In accessing, the judge is gonna look at how long has a person lived

in the community, are they a long time resident or a transient?

The judge also looks at, have they ever failed to appear

for court dates in the past? Do they have a record of failing to appear?

And the judge will look at whether they have substantial ties to the community.

Does the person have a family and a job and

civic activities in a home, or own property in the community?

The more the person is stable and has a long term presence

in the community and ties to the community, the more likely the judge

is to reduce bail or grant an OR release. The fourth and final factor

that a judge looks at a bail hearing and probably the most

important is whether the person poses a danger to public

safety. Is a person accused of a crime involving violence

or weapons? Does a person have a violent history?

If the judge feels that the defendant, if released would

pose a danger to witnesses in the case or the alledged victim in the case

or the community in general, then the judge will be very hesitant

to lower that bail or grant them an OR release.

I am attorney Neil Shouse, if your loved one is

custody and you're looking to get bail reduced or an OR release

call me and let's see what we can do to get that accomplished.