After an arrest and criminal charge in California, your focus and that of your loved ones is to secure pretrial release. The Eighth Amendment provides defendants with the right to bail, which guarantees future court appearances after release while awaiting trial. Nevertheless, bail is not as straightforward as it seems. The court can surprisingly reject your bail request, leaving you in pretrial detention until the case is resolved.
This begs the question: Can the court reject your bail application without a reason? No. Holding a defendant in pretrial detention away from work and their family is a big decision, and the reasons for denial must be clearly stated and legally recognized. The judges have the discretion to weigh the case’s facts and deny bail in certain circumstances where denial is necessary for public safety and to preserve the integrity of the justice system.
Judge Discretion Explained
PEN 1203.5 provides procedures to guide judges in deciding whether to grant bail, reject bail, or revise the bail amount set in the local county bail schedule. Judges cannot reject bail applications without evaluating the case’s facts and the type of crime in question and clearly stipulating the reasons for the decision. The law gives judges discretion to grant or deny bail, or to revise the predetermined amount in the schedule, but they must act within the law. So, any bail rejection must not be a personal whim but a decision informed by articulable facts of the case.
The factors the judge considers when making bail decisions include:
Public Safety
Public safety is a critical consideration in bail rulings. If there is clear and compelling evidence that releasing you back to the public while awaiting trial would threaten the safety of the public, victim, or witnesses, they will likely reject your bail request. Evidence that can point to you being a threat to public safety includes:
- Having a charge for a violent crime
- Failure to express remorse for your actions
- Acting as if you would hurt another person upon release
- Having a history of breaching protective orders
- Living in the same community as the crime victim or witness
- Having access to a gun
Flight Risk
The most common reason for bail rejection is flight risk. If there is a possibility that if the court grants pretrial release, you will skip town and escape justice, the court will deny bail. The judges deem you, a defendant, a flight risk if:
- You have skipped town before after pretrial release
- You have international connections and could use them to leave the country
- You have a valid passport
- You possess enough money that you could risk forfeiting bail
- You lack ties or bonds with the local community, such as a business or family
- You have property outside California or the US
- You have shared your plans of leaving the country or jurisdictions once bail is granted
Serious Criminal Charge
If the judges deem your crime severe, they have enough reason to deny bail. Usually, severe cases attract hefty bail. However, for serious or violent felony offenses, the law prohibits bail to safeguard the public and maintain the court’s integrity. The crimes that can lead to bail rejection include:
- Capital offenses, such as first-degree murder
- Felony sexual offenses, such as rape
- Violent felonies, such as terrorism
The chances of bail denial for a misdemeanor offense are minimal.
Prosecutor Objections
In certain offenses, the law requires you to provide the prosecutor with a written notice of your intention to request bail or bail reduction in a bail hearing at least two days before the proceeding. The notice allows the prosecutor to prepare for any objections they have to your application, if any. When given the opportunity in court, the prosecutor must present evidence as to why the court should reject your application. The prosecutor will object to your bail request if:
- You face a charge for a serious or violent felony
- You have a history of or have attempted to interfere with witnesses
- You have a history of parole or probation violation
- You have skipped court in the past
Bail or Adversarial Hearing
The bail hearing is a court proceeding in which the judge decides whether to grant bail and the amount a defendant should pay. Additionally, it helps judges revise bail upwards or downwards based on the evidence submitted by the defendant and the prosecutor.
After the hearing, the judge can:
- Grant an own recognizance release
- Require you to deposit bail in court in exchange for release
- Release you without a financial obligation, but on other non-monetary terms
- Reject your bail application and hold you in pretrial detention pending the trial
If you cannot afford bail after the hearing, the court must schedule a Humphreys Hearing to ensure money is not the only reason you are in custody. If there is no clear and convincing evidence in this hearing that you are a threat to the public, the court will release you without bail.
Appeal and Reconsideration Options
If the judge rejects your bail request and you find the reasons provided for the denial unsatisfactory, you can explore various avenues. One, you can use a bail review hearing to have the judge reconsider their decision. Here, you must submit new evidence or arguments as to why you are entitled to bail.
If the court has granted bail but the amount is colossal, and you cannot afford it, you can apply for bail reduction to avoid remaining in pretrial detention. Based on the evidence you present, the judge can revise your bail downwards. After the reduction, you should hire an experienced bail bondsman to post the bail on your behalf at a small fee.
Alternatively, you can challenge the legality of the judge’s decision by pursuing a Writ of habeas corpus. In the petition, you can highlight that the judge has not provided the reasons for bail denial or that the reasons provided are unconstitutional.
Lastly, the emergence of new evidence in the case that was not available at the time of the initial bail decision, or a change in circumstances, can prompt the judge to reconsider the initial rejection of a bail application.
Find a Reputable Bail Bonds Company Near Me
California statutes provide reasons or grounds for bail rejections. Even though judges have the discretion to rule on bail, they must follow the law. If your bail has been rejected, you need an experienced bail bondsman to explain the legal framework and avenues you can explore.
At Balboa Bail Bonds, we will explain the judge’s discretion, the prosecutor’s objections, the bail hearing, and the appeal avenues to help you understand the legal framework. Our bail bondsmen will find ways to increase the chances of bail approval. If bail is denied, we will challenge the decision. Call us today at 619-760-2222 to discuss your case.
Tags: Can Bail Be Rejected Without a Reason in California?