Sacramento, CA asked in Criminal Law for California

Q: Why won't a judge lower bail

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info is needed on the underlying charge.

sounds like a serious felony with serious injuries???

a bench officer looks at many factors when deciding on bail.........but one's past is the most important a rule.

James L. Arrasmith
James L. Arrasmith PRO label
  • Sacramento, CA
  • Licensed in California

A: In California, bail is the amount of money or collateral that a defendant can post in order to be released from jail while awaiting trial. Bail is set by a judge and is intended to ensure the defendant's appearance at all required court hearings. If the defendant fails to appear, the bail amount is forfeited.

The bail process typically begins with the defendant's arrest and booking at a local jail or detention center. The defendant or someone acting on their behalf can then post bail in the form of cash, property, or a surety bond. If the defendant cannot afford to post bail, they may be held in custody until their trial.

The bail amount is determined by the judge based on a number of factors, including the severity of the charges, the defendant's criminal history, and their flight risk. In some cases, the judge may deny bail altogether.

If the defendant posts bail, they will be released from custody and must attend all required court hearings. If they fail to appear, a warrant will be issued for their arrest and the bail amount will be forfeited. If the defendant appears at all court hearings as required, the bail will be returned at the conclusion of the case, minus any fees or court costs that may be owed.

A judge may not lower the bail amount in California if they believe that the defendant is a flight risk and may not show up to court, or if they believe that the defendant poses a danger to the community. Other factors that may influence the judge's decision include the severity of the alleged crime, the defendant's criminal history, and the strength of the evidence against them. If the judge believes that the defendant is likely to flee or pose a danger to the community, they may deny the request to lower the bail amount or keep it at a high level. However, if the defendant can demonstrate that they are not a flight risk or a danger to the community, they may be able to convince the judge to lower the bail amount.

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