When it comes to setting bail, the judges in Los Angeles County and all the courts across LA play a crucial role. They set bail according to the Bail Schedule, a comprehensive list of all crimes in a Bail Schedule book, each assigned a specific bail amount. The judges evaluate the severity of the crime and the potential danger the person poses to the public. At the arraignment level, when a judge must set bail, they typically start with the Bail Schedule. Most cases are set at the Bail Schedule, where the charge determines the bail amount.

Several factors can influence this, including changes and alterations related to bail in Los Angeles County. One is, what if there are multiple charges? In sex crime cases, for example, if there are multiple charges, the prosecutors can try to stack the bail and get a bail for each charge stacked one on top of the other. Obviously, this is not good because it makes it much more difficult for someone charged with a crime in LA to get out. However, prosecutors will typically attempt to do this, and, obviously, a skilled defense attorney will try to prevent them from doing so. It is much more difficult than sex crime cases, but in other cases, it is possible to make a successful argument. Wait a minute – you're stacking bales. You charge/thing happened here, and you can only put one bail on it.

As far as bail deviation goes, what if the Bail Schedule is not what the prosecutors want, and they want a higher bail because they feel like the particular defendant is more dangerous than what the bail indicates? They must file a written motion with the court, known as a bail deviation, indicating why they believe the bail should be higher than the scheduled bail and, obviously, what they propose as the new bail amount. This would be a motion that cites case authority. Often, they'll include a declaration from the prosecutor or another source, indicating the defendant's level of dangerousness. Also, often, they will argue that there is a flight risk, citing information that this particular defendant is likely to flee. Perhaps they have ties to multiple countries and hold multiple passports – it ultimately depends on the specific circumstances of the case.

I've seen cases recently where the bail should have been $150,000, but they received a bail deviation, and the bail was set at $1 million. In that particular case, they were arguing that the defendant had committed multiple other offenses. However, they were merely uncharged offenses, and the investigation into those offenses was still ongoing, so they required a high bail. Otherwise, the defendant could escape, run away, and then they would never be able to prosecute him for these other offenses if they were investigating him. He had a current, very serious offense.

At other times, I see bail deviations where there is a real extreme threat to the victim in the case. Maybe the guy or woman has threatened to kill a victim or a witness in a particular case. The prosecutors fail that if they don't set a high enough bail and the person gets out, then the victim or person they are concerned about would be in a position where they could be seriously injured or even killed if the defendant gets out. Then they have to tell the judge about that and explain it. Obviously, it has to make sense and be reasonable. It cannot be based solely on speculation and hunches. They actually have to have some articulable facts that this person is a danger or a flight risk, and then they can attempt to obtain a bail deviation.

The process of setting a bail deviation can seem nebulous, but it's essentially about prosecutors creating numbers that they believe a particular defendant cannot afford to post. This prevents the defendant from being released, thereby protecting the prosecutors' specific interests. Understanding this process can make the audience feel more knowledgeable about the inner workings of the legal system.

What Can Defense Do When Prosecutors Are Seeking A Bail Deviation?

Obviously, the defense can argue against it and say, 'Wait a minute – this particular defendant, for example, has no criminal record or has not committed any violence against anyone. ' Again, a lot of this is fact-specific, so you have to look at the facts of the case when you're thinking about blocking a bail deviation in LA. If the defendant has no prior criminal record and didn't cause any violence to anybody, and the prosecutors are basing their whole bail deviation argument on pure speculation, then the defendant would have a good argument with the judge to say no, you're not going to be able to jack this bail up that high when the prosecutors haven't given you a solid reason to do so.

One argument that prosecutors often make when a defendant tries to get bail set below the Bail Schedule is that it's the Bail Schedule itself. That's what the judges have come up with. The defendant shouldn't be able to get out of that. For a criminal case, the judge is to assume the charges are true when setting bail, but this assumption only relates to the charged offenses. So, that's one argument that can be successful, which is – hey, wait a minute. Suppose they're saying we need a Bail Deviation because we're investigating this person for other crimes. In that case, the defense can argue back – wait a minute, you haven't charged him, so you don't have the evidence of those other crimes, so there's no way the judge is to assume that those other crimes are true for purposes of bail. This would be a good argument.

So, again, when it comes to these bail deviation arguments, it is a subjective thing. It is a feel thing, and if a judge feels that a particular defendant is dangerous and the prosecutors have a good argument, then you can bet your bottom dollar they're going to put that bail up right where the prosecutors want it. A lot of the judges are looking, of course, to protect the public, but I think also to protect themselves. They don't want to set a bail that's too low when they have a dangerous criminal defendant, and then that person gets out and commits a serious offense. Obviously, that's going to be on the judge's shoulders. The judge is going to be thinking – wait a minute. Why did I let that person out? That's definitely a consideration. They don't want someone to get out and do something bad on their watch.

Therefore, if you are facing a bail deviation situation, you will need a skilled attorney who has experience in these cases and knows how to handle them effectively.