What Happens To My Bail Amount If I Was Arrested And Released Without Being Charged?
If someone was arrested and posted bond through a bail bondsman but never ended up being charged, they would still lose the amount that was paid as a fee to the bail bondsman. If a defendant posted the entire amount of bail, then the amount paid would be returned within a few weeks to the individual who posted it.
What Is A 1275 Bail Hearing?
A 1275 hold on bail prevents someone from being able to post bail until they go to court. In most cases, 1275 holds are placed in drug cases in order to allow the court time to ensure that drug proceeds are not being used to post the bail. Once a 1275 hold has been placed, the individual who is going to post bail will have to attend a hearing to prove that the funds are not coming from drug proceeds. In some cases, a prosecutor will lift the 1275 hold after receiving all the necessary information, and in other cases, a hearing will be required and a judge will have to lift the hold.
What If I Can’t Make Bail In A DUI Case?
If a defendant cannot post bail, they will usually have a court hearing within 72 hours of being arrested. The defendant’s attorney can appear for them, and if it is a first-time DUI offense, then the attorney will likely be able to work out a deal and get the defendant released from jail. However, if a defendant wants to fight the case, then they will have to remain in custody while they do so. Under these circumstances, the defendant’s lawyer could argue for a release on their own recognizance by demonstrating that the defendant is not a flight risk and not a danger to the community. These situations can be tough, because the Los Angeles County criminal courts can move very slowly, thereby prolonging the period of time that an individual must remain in custody while fighting their case.
The general rule when it comes to bail in Los Angeles County is that it has to be reasonable. The standard of reasonableness is measured against the defendant’s level of dangerousness to the community, the seriousness of the crime they committed, and whether or not they have been deemed a flight risk. In some cases, bail can be set very high. For example, in three strikes cases and murder cases, bail can be set at over one million dollars. If a defendant is a repeat offender on serious crimes, a judge could place no bail, thereby disallowing them from being released.
More Information On The Bail Process
It is important to understand that bail amounts can be lowered and raised. Ultimately, bail will be set by a judge at arraignment court. If a defendant posts a $20,000 bail and the judge sets the bail at $100,000 at the arraignment, then the defendant will have to post more bail or remain in custody. Based on the circumstances of a particular case, an attorney will have a good idea of what the bail will be and how to develop a strategy best suited to the defendant’s needs. In the end, a defendant’s attorney will be the one who protects their freedom, rights, record, and reputation.
For more information on Bail Amount In Absence Of Criminal Charges, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 374-3952 today.
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