In certain situations, a judge can keep you in jail after an arrest
In recent years, California has enacted a number of criminal justice reforms. This includes a law that is designed to abolish the cash bail system. While this law is currently being challenged in court, it signals a willingness by lawmakers to examine how bail can impact the lives of people charged with crimes.
Although California has significantly liberalized its criminal justice laws, it still takes a tough position when it comes to certain crimes. This includes whether or not to grant bail — no matter what may happen with the cash bail law.
According to a criminal defense lawyer San Bernardino, CA, a judge can deny bail entirely and keep a defendant in what is known as preventative detention in four situations:
- The defendant has been charged with a capital crime (crimes punishable by death);
- The defendant has been charged with a violent felony or felonies, if there is a substantial likelihood that release would result in great bodily harm to others;
- The defendant has been charged with felony sexual assault, if there is a substantial likelihood that release would result in great bodily harm to others; OR
- The defendant has been charged with any felony if he or she has threatened someone with great bodily harm and there is a substantial likelihood that they would carry out the threat.Before denying bail, a court must find that there is clear and convincing evidence of the underlying facts of the crime.
In addition, a court may deny bail if a person has a parole hold, which is the authorization to hold a person suspected of violating their parole. According to a criminal defense lawyer San Bernardino, CA, if you are out on parole after being released from prison and are picked up on a new crime or for violating your parole, you will likely be subject to a parole hold. This means that you will not be eligible for bail.
Bail is set during an individual’s first court appearance. A court must consider four specific factors when setting, reducing or denying bail: (1) public safety; (2) the previous criminal record of the accused; (3) the probability of the accused appearing at trial; and (4) the seriousness of the offense charged. If bail is set, it will likely be set according to the countywide bail schedule. A judge can also set conditions on bail, as long as they serve the purpose of bail, such as surrendering your passport.
If you have been charged with a violent or serious criminal offense, there is a possibility that you may be denied bail. You should consult with your criminal defense lawyer San Bernardino, CA as soon as possible to develop a strategy for defending against these charges. While it can be difficult to cope with being in jail, there may not be an immediate alternative if you have been charged with this type of crime or if you are suspected of violating your probation.
At the Chambers Law Firm, we are dedicated to working with our clients to help them achieve the best possible outcome for their case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense lawyer San Bernardino, CA.
