A bail hearing is a court proceeding in which a judge decides whether to allow a defendant to post bail and be released from custody while they are waiting for trial. The judge could also decide to set bail at a higher or lower amount than what is scheduled for the offense.
After police arrest someone, one of their first thoughts is whether they will be able to post bail in order to get released from custody as quickly as possible. When someone is arrested for a California state crime, they are normally allowed to post a cash bond, which is most often achieved through a bail bondsman.
A bail bondsman is a professional who acts as a surety and pledges money or property as bail for a criminal defendant's appearance in court. In return, the defendant or their family pays a non-refundable fee, usually 10% of the total bail amount, to the bail bondsman.
In many cases, the prosecutor and the defendant's criminal lawyer play a significant role in the bail hearing process. They may disagree on the appropriate amount of bail and/or its conditions, advocating for their respective positions to ensure the defendant's rights are protected.
When this situation arises, a bail hearing becomes a pivotal step. It's a court proceeding where the judge's decision on whether a defendant can post bail and be released from custody awaiting trial can significantly sway the case's trajectory, underscoring the gravity of the situation.
It's crucial to remember that anyone charged with a California crime is presumed innocent. The court's main concern is the defendant's potential flight risk and their commitment to future court appearances.
This means California's bail system is primarily designed to ensure that defendants charged with a crime will return to court on their scheduled dates.
For anyone charged with a crime in Los Angeles, the bail hearing is a crucial part of the legal process. It's a significant event that can determine whether you'll remain in custody or be released while your case is pending in court.
This hearing will determine whether or not you will be able to remain free from custody while your criminal case is pending in court, and the bail hearing can impact how your case proceeds.
In California criminal cases, the defendant's lawyer plays a pivotal role. They must give the prosecutor 48 hours' notice before making a motion to modify or reduce bail, ensuring the defendant's rights are safeguarded and providing reassurance in the legal process.
What is a Bail Hearing in California?
A bail hearing is a formal court proceeding where a judge will decide whether to release a defendant from custody awaiting trial. During the bail hearing, the judge will decide on the following options for the defendant:
- release the defendant on their own recognizance (OR release);
- release on specific terms and conditions other than posting bail;
- require them to post bail with the court for release from custody;
- deny any bail options and keep them in custody.
What is a Bail Schedule?
If the court decides to grant bail, they are guided by the amount in the bail schedule. This document sets the presumptive amount of bail on a criminal case based on the following:
- type of charges,
- any alleged enhancements,
- defendant's current status on probation or parole, if any, and
- defendant's status on bail in any other pending cases.
The judge can depart from the scheduled bail by either increasing or decreasing the amount of bail. This decision is based on their findings about the risk to the community if they were released, the chances of the defendant returning after being released, and the evidence presented by the prosecutor and defense lawyer at the bail hearing.
What Happens at a Bail Hearing?
A bail hearing is an opportunity to ask the judge to reduce or eliminate your bail and release you on your own recognizance. Los Angeles criminal court judges have broad discretion to set, modify, or eliminate bail for a defendant. When they are making decisions on bail, they will consider several different factors, including:
- type and severity of the crime and whether there were threats or violence;
- defendant's prior criminal history;
- defendant's chances of being a flight risk and threat to public safety;
- the defendant's financial ability to pay bail.
In cases where a defendant has been charged with a violent felony crime, the judge doesn't have the discretion to reduce bail listed under the bail schedule.
The only exception to the bail schedule is if the judge can determine there is 'good cause' to reduce bail. 'Good cause typically refers to compelling reasons, such as new evidence or a change in the defendant's circumstances, that justify a deviation from the standard bail amount set by the schedule.
If a defendant is allowed to post bail awaiting trial, the judge could order them to remain in custody once the trial begins. The judge also has the discretion to release the defendant's own recognizance (OR) without posting any bail. An OR release is common if a defendant has:
- not been charged with a serious offense;
- not a threat to public safety, and
- believe they will appear for future court appearances.
It should be noted that a criminal court judge also has the discretion to raise bail. This could occur, for example, in cases where the prosecutor makes the judge aware that the defendant has a prior violation of probation.
If a judge makes an unfavorable ruling at the bail hearing, the defendant still has options. They could bring another bail reduction motion later, but unless circumstances have changed, the judge is unlikely to grant the motion.
In California felony cases, a good defense at a preliminary hearing, where some of the charges were dropped or reduced to a misdemeanor, might convince the judge to lower the bail amount.
What is Posting Bail?
Posting “bail” simply means an amount of money a judge will require a defendant to pay to ensure they will make their later court appearances. A defendant can post bail by either:
- paying the entire amount in cash, or
- post a bond using a bail bondsman.
Typically, a bail bondsman will agree to post a defendant's bail by charging 10% of the full bail amount, which is a non-refundable fee.
In most cases, a bail bondsman will require a family member of the defendant to offer some type of collateral, such as property. This means if the defendant decides to skip bail, they will not suffer a loss.
If the defendant fails to appear for a scheduled court date, the bail bondsman will give them a certain amount of time to show up. If they can't be contacted or located, the full amount of bail is forfeited to the court, and the bail bondsman is legally entitled to seize the collateral.
This means that if the defendant fails to appear, not only do they lose the money or property they posted as collateral, but they also face additional legal consequences, such as a warrant for their arrest and potential charges for bail jumping.
Defense Lawyers for Bail Hearings
If you have a family member who is in custody pending criminal charges and seeking a bail reduction to secure their release, contact our team of experienced Los Angeles criminal defense lawyers for a consultation.
California Senate Bill 10 has made significant changes to the bail system. We might be able to offer some reasonable bail conditions that could convince the judge to:
- lower the bail;
- obtain an OR release,
- such as wearing a GPS tracking device, or
- placing you on home arrest with electronic monitoring.
Our attorneys must first examine all the details of your case to develop a strategy for getting you released from custody as soon as possible.
Cron, Israels & Stark is a top-ranked criminal defense law firm that represents clients in all Southern California courts, including those in LA, Orange, Ventura, Hollywood, Riverside, and San Bernardino.
We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our office for a free case consultation at (424) 372-3112.
Related Content:
- PC 1275 Hold
- Bail System in California
- California Penal Code 1129 PC
- California Penal Code 1275 PC
- California Penal Code 1269b PC
- California Penal Code 1270.2 PC
- California Penal Code 1289 PC
- Violating a Written Promise to Appear in Court
- How Can You Clear and Remove Warrants?
- In re Kenneth Humphrey, 11 Cal.5th 135 (2021)
- Gray v. Superior Court (2005) 125 Cal.App.4th
