Bail For Criminal Cases In Los Angeles County
Having practiced criminal defense in LA County for the past twenty-five years, I've argued many bail motions related to my clients being released from custody in Los Angeles. Each defendant in a criminal case is entitled to a reasonable bail. What does that mean?
That means everybody should be able to bail out as long as a judge and a reasonable bail weighing several different factors is set so the person can be outside while their case is pending.
The judges in Los Angeles County have gathered and determined what they believe is the statutory bail for each crime. In other words, they've set bail for every single crime, special allegation, and probation violation, and that's typically the bail the judge will set unless some circumstances warrant otherwise.
I'm constantly arguing for bail to be set lower than the statutory scheme so my clients can get out and fight their cases from the outside. It is tough to fight a criminal case while you are in custody and to be able to assist your attorney properly.
Factors That Determine Bail Amount in Los Angeles Criminal Cases
The two most significant factors in a judge setting bail at arraignment in Los Angeles County have to do with whether or not the person for whom the bail is being set is a flight risk and whether or not that person is a danger to the community at large.
These are two different inquiries, and a judge will look at them differently when setting bail in a case in Los Angeles. As far as whether somebody is a flight risk, the judge will look at whether they have any prior failures to appear and how much time they're looking at.
If they're looking at life in prison, it would make it much more likely that they might be a flight risk. A judge also considers other things in determining whether someone is a flight risk, such as whether or not they live in the jurisdiction and how long they've lived there.
Do they have family in the jurisdiction? Do they have a job in the jurisdiction? Do they have property in the jurisdiction? If all these answers are yes, then that's a strong argument that that person is not a flight risk. They're not just going to run away when they have all these things to lose if they do that. So, a flight risk is determined by whether or not the particular person will return to court and address the charges.
As far as the danger to the community analysis goes, the judge is going to look at the facts of the particular crime. For setting bail, a judge is to assume whatever the facts are are correct. This is not true in a criminal case.
The person is presumed innocent, but in setting bail, the judge is to look and assume that the facts are accurate. This presumption of innocence is a fundamental principle of our legal system and provides reassurance and protection to the accused.
So obviously, the more dangerous the person appears by way of the facts that they are charged with, the higher the bail will be. Also, if the person is doing things that could affect other community members – for example, running a methamphetamine laboratory where he could blow up a neighborhood.
That would be a person that is very dangerous to the community. Attacking children – there are a number of different examples you could think of that person would be harmful, and the judge is going to set a high bail.
On the other hand, there are also a lot of crimes where the person isn't a danger to the community and is not likely to do anything else in the same vein as what they are charged with.
If that argument can be made in a criminal case, then a person is likely to get a fair bail or even an OR release. An OR release is when the judge releases them on their own recognizance, which means the person is released without having to post any bail, with a promise to appear at each court date. They can keep that OR release as long as they show up on time for all their court appearances.
What are the best arguments for a bail hearing in Los Angeles?
One of the best arguments is the person has no criminal record, has never had any problems, is not a danger to the community, and is not a flight risk. The defense attorney can bring some solid facts to substantiate that. In that circumstance, the judge is likely to set an OR or own recognizance release where the person doesn't have to post any bail or set a low bail, making it very easy to post the bail.
I also think hiring an attorney and being ready to address the charges is another thing that shows the person is going to stand and face the charges and not run away. It is not a flight risk, so a reasonable bail should be set on their behalf.
If the person has no prior criminal record, that's a big reason their bail should be set at a reasonable amount; they are indeed presumed innocent. A defense attorney can help present these facts effectively in court, increasing the chances of a favorable bail decision.
When it comes to setting bail and dealing with bail issues, the best thing to do is sit down with an attorney, give them all the details of the case and your personal situation, and let them be the guiding force as it relates to bail. Let them make the crucial decisions and essential arguments so you can get out as fast as possible.
A knowledgeable and experienced attorney can provide the support and guidance you need during this challenging time.
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