Bail Hearings in Los Angeles Criminal Cases
This is an important topic because, a lot of times, people don't understand how criminal cases work and want to get out of custody and deal with their cases from the outside.
Sometimes, it's tough to do so. The bottom line is if a criminal defendant is in custody with a bail that they can't post. They're trying to figure out how they can do a bail hearing so that they can get out of custody, fight their case from the street, or just not be in custody anymore, then their attorney can file a bail motion and have a hearing on it. There are some essential things to know about bail in a Los Angeles criminal case.
Our California criminal defense attorneys, with their extensive experience and knowledge, provide an overview below to give readers some useful information on bail hearings in criminal cases.
Change of Circumstances in Determining Bail
The critical thing to understand in Los Angeles County is that the judge will not change a bail once it is set unless one side or the other can show that there's changed circumstances. In other words, at the arraignment, the bail is argued.
Arguing for bail and attempting to secure a person's release requires thorough preparation and readiness. Once the argument is made and the bail is set, it becomes a pivotal aspect of the case.
To prove changed circumstances, an example I can think of is, let's say that after a preliminary hearing in a case, some of the charges get dismissed against a criminal defendant.
That could be grounds to change the bail because circumstances have changed. They don't have any charges pending against them, so the bail should not be as high.
Or maybe the judge sees that the case is not as severe as the prosecutors indicated when the bail was set and agreed to lower the bail. But a lot of people are crying about getting bail motions. You won't get a bail motion if you can't prove there's changed circumstances.
If you're planning to argue for bail and try to get a person out, you need to be prepared right from the beginning. This includes giving the prosecutors five days' notice if you're going to make a bail motion.
You're typically best served if you file a written motion with the judge, and then the prosecutors can oppose the motion if they choose to do so or file their own written response to it — their opposition to it.
The judge can ask the probation department or the OR unit in the particular courthouse to weigh in on the issue and say whether or not they think you should be released OR or under other specific conditions, and then ultimately, the judge will decide.
Factors Considered by Judge on a Bail Motion
When deciding on a bail motion, the judge looks at two essential things. Number one, are you a flight risk? In other words, if the judge lets you out on a lower bail, will you run away and never return to the case?
If you can show that you've got family ties in the community, property in the community, have lived there all your life, have hired an attorney, have children — in other words, have roots in the community. You can mount a strong argument that you're not a flight risk, and you're going to make all your court appearances, and you're going to show up when you're supposed to.
The other important thing at a bail hearing in Los Angeles County that the judge should look at is whether the person is a danger to the community. Usually, that has to do with them committing more of the same types of crimes that they're charged with.
So, if someone's a child molester and they're trying to get bail, one of the things the court is going to look at is if they let the person out on a lower bail, will that person continue to molest children?
They won't want to let them out if that's the case. Of course, you could think of different scenarios depending on the charges in a particular case.
In addition to those two significant factors, flight risk and danger to the community, the court will look at the person's criminal record and see if that person has any prior failures to appear in court. If they do, that would be a good indicator they probably shouldn't lower the bail for that particular individual.
Seeking Lower Bail or Release on Own Recognizance
So, many factors go into bail, including whether or not it can be lowered at a bail hearing and whether or not the person can be released on their own recognizance.
Once you hire your criminal defense attorney, it's crucial to discuss your bail situation with them. In my opinion, you should trust them as far as whether you realistically have a chance to get a lower or no bail.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. We are also at 633 West Fifth Street, Los Angeles, CA 90071.
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