Felony and Misdemeanor Bail Schedules. In Los Angeles, if a person is arrested and charged with a crime, they have the right to be released while the case is pending on reasonable bail. The judges, in their collective wisdom, have established a bail schedule for each crime, ensuring a fair and just system of justice. The severity of the crime determines the bail amount, reflecting the seriousness of the offense. This system, designed to provide a fair chance to all individuals involved, offers a sense of reassurance in the justice process.
When a court decides what bail to set and considers the bail schedule, which has a felony bail schedule and a misdemeanor bail schedule, it will look at the defendant's prior criminal history, whether the person has ever failed to appear in court, and a host of other factors that will, of course, include the seriousness of the crime.
The judge's evaluation is comprehensive, leaving no stone unturned. It assesses whether the person poses a flight risk and is a danger to the community. In assessing flight risk, the judge considers the person's ties to California, such as family and property, which they would not want to leave behind, thereby ensuring a thorough and secure evaluation that instills a sense of confidence in the justice system.
Additionally, the court will consider the person's actions and assess whether they should be released on bail, taking into account the risk of committing further crimes or posing a danger to the public due to their alleged actions.
For purposes of bail, the judge is to assume that the charges and factual allegations are accurate. This makes it difficult for the defense because the costs are sometimes overinflated, and the judge is only occasionally willing to consider the other side to set the initial bail.
Once bail is set, it remains unchanged for the entire case unless the person or their attorney can demonstrate 'changed circumstances' that occurred after the initial bail was set. These 'changed circumstances' could be beneficial to the defendant, such as dropped charges or unproven allegations, offering hope for a potential reduction in bail. This possibility of a reduction provides a ray of hope in an otherwise challenging situation, fostering a sense of optimism.
Penal Code 1275 PC Related to Bail Bonds
In some instances, the prosecutor can place a '1275 hold' on a defendant charged with a crime. This means that even if the defendant posts bail, they will not be released until the 1275 hold is lifted. To lift the 1275 hold, the judge must be satisfied that the funds used to post the bond are not connected to the criminal activity for which the person is being charged. In other words, the prosecutors will stop a person from bailing out with money from the crime they committed.
There are two ways to satisfy a 1275 hold. The straightforward method is to demonstrate to the prosecutor that the bond money comes from a legitimate source. If the prosecutor does not object, the judge will lift the hold. However, if the prosecutor objects to the money or source being used to post the bond, then the defendant is entitled to a 1275 bail hearing.
If, on the other hand, the prosecutor objects to the use of the money or source to post the bond, then the defendant is entitled to a 1275 bail hearing. At this hearing, the defendant can present evidence and call witnesses to demonstrate that the source of the funds is legitimate and has no connection to the crime for which they are being accused.
At the end of the hearing, the judge will decide if the source is good and rule on the defense's motion to have the 1275 hold lifted. If the hold is raised, the defendant can post bail and be released while the case is pending. If the motion is denied, the defendant stays in custody until the case is over.
What Happens If a Defendant Skips Bail?
Bond companies take the issue of a defendant failing to appear in court very seriously. If the defendant fails to appear, the bond company will be responsible for paying the bail bond to the court. This can cause the bond company to lose a significant amount of money, which is why they often employ bounty hunters on their payroll and are prepared to locate the person who skips bail to avoid financial loss.
If a person is bench-warranted, the bail is not due immediately. The bond company will have some time to catch the person themselves, hoping the person turns themselves in, or hoping that the police find them so they do not lose their money. Contact the Hedding Law Firm for help.
Related Content:
