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. The severity of the crime determines the bail amount, reflecting the seriousness of the offense. This system is designed to provide a fair chance to all individuals involved.
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 considers whether the person is a flight risk and a danger to the community. In assessing flight risk, the judge takes into account the person's ties to California, such as family and property, which they would not want to leave behind, ensuring a thorough and secure evaluation.
Also, the court will look at what the person did and assess whether they should not let them out because they might commit more crimes while on bail or if they are a danger to the public because of what they have allegedly done.
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 sometimes the costs are overinflated, and the judge is only sometimes 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.
Penal Code 1275 PC Related to Bail Bonds
The prosecutor, in some instances, 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 with the criminal activity the person is being charged with. 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 money or source being used 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 show that the source of the funds is legitimate and has nothing to do with the crime they are being accused of committing.
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 not showing up to every court appearance very seriously. If the defendant does not show up, 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 have bounty hunters on their payroll and are ready to find the person who skips bail to avoid financial loss.
If a person bench warrants, the bail is not due right away. The bond company will have some time to catch the person themselves, hope the person turns themselves in, or hope that the police see them so they do not lose their money. Contact the Hedding Law Firm for help.
Related Content:
