After an arrest and criminal detention, you are entitled to bail pending the trial. Bail is a court-imposed condition or amount of money required to guarantee pretrial release. It enables you to return to your normal life while the court case is ongoing. However, what happens if the court sets a considerably high bail amount or denies bail under certain circumstances? Can you appeal the court's bail decision? Yes. You can appeal the decision by requesting a bail review proceeding, requesting a bail reduction, or petitioning an appellate court.
Overview of California Bail Hearing Basics
A bail hearing is a proceeding scheduled by the judge to allow the arrestee to request a reduction or elimination of bail, enabling the inmate to leave custody on their own recognizance.
Bail Determination
Each county has a local bail schedule that outlines predetermined bail for various crimes. When you are arrested, the authorities must immediately book you and check the bail for your crime on the local bail schedule to reduce your stay behind bars. If bail for your crime is not set forth on the schedule, you will wait for arraignment to appear before a judge for bail determination. When setting bail, the judge can deviate from the predetermined amount on the schedule based on the case's circumstances. However, the deviation must happen as stipulated by the law. The factors that influence the court's decision are:
• The risk of fleeing the state's or the court's jurisdiction • Your criminal history • Community ties • Your history of compliance with the court requirements • The severity of your violation • The chances of you returning to court after pretrial freedom
In counties like Los Angeles, most defendants are eligible for release on their own recognizance. Only defendants in custody for violent felonies must post bail to secure pretrial freedom. So, if you are not charged with any of these offenses, you can secure release without a financial obligation. However, you must sign a document promising to comply with court conditions while the criminal case is ongoing.
In other bail hearings, the court can release a defendant on conditions other than financial, including:
• Asking you to surrender your passport, your driver's license, or other travel restrictions • Ordering you to wear a GPS monitor or putting you under house arrest • Enrollment in an inpatient treatment facility
The judge can impose several conditions for this release, but only if they do not violate your constitutional rights.
Sometimes the court can deny bail entirely at the bail proceeding and order you detained until the trial concludes.
The Humphrey Proceeding
Bail determination has evolved significantly thanks to the introduction of the Humphrey hearing into the justice system. The judge sets the proceeding shortly after arrest to determine that a lack of money is not the only reason you remain in custody. The court evaluates your financial capacity to pay bail to ensure you are not remaining incarcerated solely due to an inability to afford the bond. If financial constraints are the reason you are in custody, the court can lower your bail further to make it affordable.
Steps to Request a Reduction in California Bail
A bail proceeding gives you the chance to request a bail reduction after arraignment if you cannot afford the initial bail figure. The steps for obtaining a reduction include:
Step 1: Submit a Bail Reduction Motion
When your attorney submits a bail reduction motion after arraignment, the court schedules a separate court date to address the bail issue. If you have violated a protective order, been charged with domestic violence, or a serious or violent felony, you must notify the prosecutor with a written notice two days before the hearing. The judge will not reduce bail for serious or violent felonies below the predetermined amount unless there is good cause or an unusual change in circumstances. This means that you are not seeking a reduction because the judge made a mistake or did not follow the evidence when setting initial bail.
Step 2: Present Circumstances in Mitigation
In the proceeding, the judge will give you the chance to present mitigating circumstances to compel them to lower bail. These include:
• Financial records showing you cannot afford the initial bail • Declarations from the local community about your strong community ties • A letter from your employer verifying that you have a stable job • Presenting your criminal history and the circumstances of the current crime to show that you do not threaten public safety. • Proof of previous compliance with court conditions
Your attorney can also propose conditions for release, such as GPS monitoring, to reduce the risk of pretrial release and potentially lower bail.
Step 3: Automatic Bail Review
If it is five days after the initial court proceeding and you cannot afford bail, you are entitled to a bail review proceeding. In the hearing, the court can lower bail further or impose other conditions in place of the financial obligation. You should not remain in pretrial detention solely because of financial problems. The court must grant pretrial release unless there is clear and convincing evidence that you are a threat to public safety.
You need a criminal defense attorney in the bail hearing because if you present weak arguments and the prosecutor introduces new evidence in aggravation, the court could increase the bail instead of reducing it. An experienced criminal attorney is key to securing a reduction, so enlist one.
Role of Attorneys in the Bail Hearing
Legal representation can have a significant impact on a court hearing. Unfortunately, many counties do not provide public defenders for bail hearings, leaving defendants who cannot afford private counsel to defend themselves and increasing the likelihood of unfavorable outcomes. Therefore, retain the services of an experienced attorney immediately after arrest, given their crucial role. The roles of attorneys in these hearings include:
• Using their knowledge of the criminal justice system to make arguments for bail reduction or challenge the assertions of the prosecutor that you are a threat to the public or a flight risk • Collecting evidence to support the bail reduction, such as proof of solid community ties or proof that you are not a danger to the public • Cross-examining witnesses, presenting arguments in your favor, and negotiating with the prosecutor • Safeguarding your constitutional rights, such as the right to a bail reduction proceeding
Find a Competent Bail Bondsman Near Me
The court's bail decision is not final. You can request a reduction or appeal a bail denial through various avenues. You can request a bail hearing to argue your case for a reduction or request a bail reduction hearing. However, you should act fast because deadlines apply. If your bail appeal is unsuccessful and you must post bail, you can turn to a bail bondsman for guidance and financial support.
At Future Bail Bonds, we understand that hefty bail can keep you behind bars. Our bail bondsman will help you appeal the unfavorable bail decision and post bail on your behalf at a small non-refundable fee. Call us today at 714-515-5154 to discuss your bail in California.