A judge determines how much you must pay to be released at this hearing.
If you have been arrested for a California crime, chances are good that you are scared and overwhelmed, particularly if it is your first experience with the criminal justice system. You are likely unsure of what will happen next, and what will be expected of you and your loved ones. Fortunately, with a seasoned Riverside criminal defense lawyer by your side, you will have peace of mind knowing that you will have someone who will fight for you through each step of the process.
One of the earliest steps in the pre-trial process is a bail hearing. Bail is the money that a court requires you to pay in order to make sure that you will make your court appearances. Bail is posted either by paying the full amount in cash, or by posting a bail bond. You can obtain a bail bond through a bail bondsman, who will post your bail in exchange for percentage of the full bail amount (up to 10%). This fee is nonrefundable.
Each county in California has a bail schedule that sets forth a bail amount based on the type of crime. The more serious the crime, the higher the bail will be. For example, in Riverside County, bail for brandishing a firearm is $5,000, while bail for possession of a narcotic for sale or transportation of over 20 kilograms is $1,000,000. For certain crimes, such as murder with special circumstances, no bail is available.
At a California bail hearing, your Riverside criminal defense lawyer can ask the judge to either reduce your bail or eliminate your bail by releasing you on your own recognizance (O.R.). Under the law, the judge has discretion in deciding whether to modify your bail from the pre-determined schedule, and can consider a number of factors. This may include the seriousness of the alleged offense, public safety, the probability of you appearing for future court hearings and your prior criminal history. If you have not been charged with an offense that is punishable by death, you are entitled to an O.R. release unless it will compromise public safety or the court cannot reasonably ensure that you will return for future court appearances. The judge may also agree to modify or reduce bail if you agree to certain bail conditions, such as wearing a GPS tracking device, checking into a treatment facility or surrendering your passport. If you have been charged with a serious or violence felony, a judge cannot modify your bail unless there are unusual circumstances or good cause.
Importantly, at a bail hearing, a judge does not just have the discretion to reduce or elimination bail. He or she also has the ability to increase your bail. The prosecution can bring up facts about you or your case that the judge was previously unaware of, which may lead the court to increase your bail. Talk to your Riverside criminal defense lawyer if you believe that you may have facts in your case that may lead the judge to increase your bail.
As experienced Riverside criminal defense lawyers, we know how important it is to secure bail in your criminal case. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com if you have been charged with a crime, and learn how we can help you. Initial consultations are always free.
