Bail and Own Recognizance Release
In Los Angeles County, after you are arrested and charged with a crime, you will most likely have the chance to be released on bail while your case is pending in the courthouse.
The California Constitution and Penal Code 1275 PC protect the right to reasonable bail. At your arraignment, your first court appearance, you could be released “O.R.” on your recognizance without having to post bail.
If the judge decides to set a bail amount, then your criminal defense lawyer can assist in showing you how to post bail to get you released from jail as soon as possible.
The term “bail” refers to financial assurance that you will return to court after you are released from custody. Judges decide the amount of bail using a misdemeanor or felony California bail schedule for each crime.
More serious crimes will result in the judge setting a higher bail amount. When determining a bail amount, they will review:
- the crime you are charged with,
- flight risk,
- risk to society,
- the bail schedule,
- your prior criminal history, and
- if you have ever failed to appear in court.
However, the two primary factors are whether you are a flight risk and whether you pose a danger to the community.
To decide the flight risk question, the judge reviews if you have family, children, or property in California that you don't want to leave behind.
They will also determine your specific crime to determine the possibility you might commit additional crimes if they were to allow a release on bail.
Put simply, they need to determine whether you are a danger to the public due to your alleged crime. Our Los Angeles criminal defense lawyers will review more below.
What is Bail?
Put simply, “bail” is the amount of money a judge will require you to pay to ensure you appear at your scheduled court appearances.
Most of the time, bail is posted through a bail bondsman, who will typically agree to post your bail in exchange for a maximum of 10% of the total bail amount.
This charge is not refundable and is considered the price of freedom. It's how a bail bond company makes its money. In other words, it's the standard fee you pay the bail company to post bail on your behalf.
While the normal bail fee is 10%, clients, in some circumstances, could qualify for a reduced 8% premium.
The bail bond company typically requires the retention of a criminal defense attorney before you can qualify for this reduction.
You could, however, pay the entire bail amount in cash without using a bail bondsman. When the case is resolved and bail is exonerated, you will get a check for the total amount posted in about 2 months.
What Determines the Bail in a Criminal Case?
In Los Angeles County, the judges have gotten together and come up with what they characterize as a bail schedule. This is basically a list of all the charges that they can think of, and they've put a bail on each.
For example, a bail for murder is a million dollars. It used to be $500,000.00; they've now changed it to $1,000,000.00.
Attempted murder is typically $500,000.00, and they've got a bail for every single crime, and they call this bail the presumptive bail. What that means is that's typically what they're going to set the bail at.
Now, some factors can change that. For example, the Coronavirus has made all bail in Los Angeles County zero, except for certain crimes.
So, that's an example of them going outside of the presumptive bail for most cases.
For domestic violence cases, though, you're typically going to see a $50,000.00 bail. That has not changed despite the Coronavirus.
Danger to the Public and Criminal History
Other examples of when they might go outside the presumptive bail are if someone is particularly dangerous or has a terrible record.
They are a danger to the public. If they don't have a passport and fail to appear often, they may leave the country.
Then, the prosecutors could mount the argument for what's called a bail deviation, which basically means that even though, for example, the bail would normally be $50,000.00, we want the bail to be $250,000.00 in this case.
They argue that they think this particular person is a danger to the community, a flight risk, or whatever argument they want to mount, and then the judge will decide.
Bail Argument by a Criminal Defense Lawyer
And, of course, the defense gets to argue. On the flip side, when you're talking about bail in Los Angeles County, we're going to look at the defense argument that says that bail is too high.
That bail is not fair. That bail is not reasonable, and the defense can mount an argument their client has:
- no criminal record,
- has good family ties,
- has a job,
- has property and
- is not likely to flee the jurisdiction.
The second argument they'll have to deal with is the prosecutor's potential argument that the defendant is a danger to the community.
If we can establish that they're not a danger to the community, then you argue that you can say that the bail should be below the presumptive bail.
So, if the bail is $50,000.00, you could argue for an OR release, saying the person should be released on their own recognizance with the promise to appear, or you could argue for a lower bail.
Humphries Argument
Another factor that has come into play in bail cases in Los Angeles is the Humphries case.
Basically, that means it's not fair that somebody who makes a lot of money can afford bail while somebody who makes little money can't afford bail.
These two people may have committed the same crime, but one gets out, and the other doesn't. That's not fair, so you can also make what I would characterize as a Humphries argument.
This is where you'll talk to the judge about how much the person who is in trouble makes and how much bail they can afford. The judge must consider that when setting the bail.
However, some judges say they're considering it, but they still set the bail at the presumptive amount, or they can even set it at a higher amount if they can mount the argument that the bail should be at that higher amount.
Why You Need a Criminal Lawyer
No matter who you are or what situation you or a loved one finds themselves in, a criminal defense attorney is your best bet at getting the most reasonable bail.
If you're asking yourself, what should I do? Hire a lawyer or post a bail for the person? I think hiring a lawyer every time is the best solution because even if you post bail in a case, that doesn't solve your case.
That doesn't do anything for your case. You still have to resolve your case.
You still have to fight or negotiate your case, and your best bet in doing that is to have the best criminal defense attorney you can find. So, that would be your primary decision-making factor.
If you're looking for somebody with a lot of experience, I have nearly 30 years of experience. I've handled all sorts of cases. Pick up the phone. Hedding Law Firm is located in Los Angeles County, and we offer a free case evaluation.
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