When it comes to arguing bail in one of the LA courtrooms at arraignment – I've been doing it for twenty-five years, so I think I have a pretty good feel for it – there are a lot of factors that go into what the bail is going to be set at and whether or not the person is going to be able to bail out at all.
The Judges in Los Angeles County have developed a bail schedule. Essentially, they have bail for almost every crime, and it's what they refer to as presumptive bail, meaning that's usually the bail amount that will be set. Now, of course, the attorneys can argue for a higher or lower bail.
It's important to note that defense attorneys play a crucial role in arguing for a release or a lower bail. On the other hand, prosecutors may sometimes argue for a higher bail, especially if they believe there are grounds to do so, in which case they'll file a bail deviation.
When it comes to determining bail, the Judge plays a pivotal role. They consider a person's prior criminal record, their court appearance history, the level of danger they pose to the community, and their potential flight risk.
So, when you discuss the danger to the community, the judge will consider the crime, examine the individual's past conduct, and assess their current behavior to determine the level of danger. If it's dangerous enough or the person may do it again, that could be grounds to either increase the bail or set it at no bail.
Additionally, if the person is on probation, they may be able to raise the bail or have it set to no bail for another crime when they're charged with the new case, as a two-year enhancement applies if you're out on bail for a felony and subsequently charged with another felony.
Another significant factor in determining a person's bail level is whether they pose a risk of flight. In other words, if the Judge gives them bail and they bail out, will they run away and never return to court?
Then, the bail bond company will lose the bail, and the court will lose the defendant, unable to deal with them. If they stay away for long enough, the prosecutor may well lose the case because witnesses may disappear, retire, die, or memories fade; therefore, it is crucial to assess whether the person is a flight risk.
When the Judge tries to determine whether the person is a flight risk, they will look at, for example, whether they have a job. Do they have all their family here? Do they have a business here? Do they have a home here? Do they have substantial assets here?
Obviously, if the person has all those things, then it's unlikely that they will just run away. However, the judge will also consider the crime. If it's a serious enough crime where the person is facing life in prison, that may be grounds for the person to flee. If the person is facing multiple years in prison, that may be grounds for them to flee. Therefore, the Judge will consider several factors when setting bail.
They are related to the person's level of dangerousness, their flight risk, their criminal record, and the nature of their involvement in the current case. The Judge puts all that together, listens to both attorneys' arguments, and may even obtain an OR report to assess whether the prisoner should be released on their recognizance. However, even if they are not going to be released on their recognizance, the report could still have value when the Judge tries to decide what the bail should be set at.
When It Comes To Bail In LA, Is It Likely To Change When The Judge Set It?
This is a significant question because often, they'll take a case, and the people will say, ' Well, the bail has already been set, but we want a lower bail—we want no bail—we want an OR release. '
The bottom line is this: once bail is set, it will remain that way unless the defense or the prosecutors can show changed circumstances to raise it.
For example, it happens frequently when prosecutors charge additional offenses, and the person faces a higher prison exposure, which alters the circumstances enough to warrant a bail increase.
From a defense standpoint, if the defense can conduct the preliminary hearing and have some charges dismissed or demonstrate to the Judge that the current charges are overinflated, then that might be grounds to show that there have been changed circumstances and to either lower the bail or grant the person an OR release.
So, the hard and fast rule in LA county—and I've been doing this a long time—is listen: once that bail is set, that's the bail. They're not going to keep changing the bail up and down unless there are changed circumstances.
If you can't prove changed circumstances, they are not likely to change the bail. It will remain the same for the remainder of the case, unless there are changed circumstances during the case.
What Will The Bail Be Set At If The Person Has A Probation Violation?
This happens all the time when a person is on probation before a Judge. They violate that probation either by not doing what they are supposed to or by taking on a new case; then the Judge can set bail for their probation.
If a Judge does that, then bail can be any bail the Judge deems appropriate. Often, what I see, especially in serious cases, is that the individual is on felony probation and is facing prison time due to a probation violation. The judge will then typically set bail at zero.
It's crucial to understand that if you're on probation, any violation could lead to serious consequences, including the denial of bail. Therefore, it's in your best interest to strictly adhere to the terms of your probation.
When it comes to a probation violation, you don't get a jury trial for that. The Judge decides whether or not you violated your probation. They have a hearing, and they must decide by a majority of at least 51% whether you have violated the terms of your probation. If they decide you did, then they can sentence you to the maximum term for your most serious charge at the time you were placed on probation.
