Factors Affecting Bail

One of the first thoughts that run through an arrestee's mind after landing in jail is quite simply "how fast can I get out?"  Usually, the fastest way out is to post bail: your promise, secured by money, that you will appear at the upcoming court dates. 

The Constitution guarantees a person the right to jail in almost all circumstances,[1] and a person's bail is often set by a schedule, a set of guidelines adopted by the government that establish uniform guidelines correlating each crime to a dollar amount of bail.  We have bail schedules to try to ensure the defendants who commit the same crime are held on the same bail throughout the state. But both the prosecution and the defense can request deviations from bail.  When deviating, the court often looks to these factors:

1. The seriousness crime. For example, if  Person A was arrested for Hit and Run after dinging someone's bumper in parking lot and not leaving a note, their attorney might argue their crime is far less serious that Person B who was also arrested for Hit and Run after sideswiping a car on the freeway, as they did 90 mph, thus their bail should be lower.
2. The chances they'll show up to all their court appearances. For example, Person A will likely have a lower bail if they've been involved in the justice system before and has a perfect track record for attending court than Person B who has the same type of criminal history, but has missed several court dates previously, even if Person B still ultimately returned to court. Also considered is the person's flight risk: even if the charges are serious, a person with ties to the area (family here, a job here, has lived in the area for a long time, etc.) stands a better chance of getting a lower bail. 
3. The risk to public safety. This one should be pretty obvious.  

If you are in custody, and want to speak to a criminal defense attorney, give Devina a call. 

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[1]The exceptions her in California being Capital (a) crimes when the facts are evident or the presumption great, (b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others;  or (c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. The purpose of the exception to the right to bail for capital defendants is to protect the public from those who commit intensely serious crimes. ​