In California, bail offers a way for you to be released from jail while you wait for trial. The court sets the bail amount based on various circumstances, including your charges’ severity and perceived flight risk. When the courts set bail, many defendants have difficulty securing their release because of the high burden of bail amounts.
If you cannot afford the bail set, a bail reduction hearing can offer you some much-needed relief. You can convince a judge to reduce your bail if you can show that paying this amount would create financial hardship, you have strong ties to the community, you do not pose much of a flight risk, or other factors indicate you are not a danger to the safety of any members of the public. You need a strong legal strategy and an understanding of factors judges consider to lower bail successfully.
You should understand the legal procedures for lowering bail in California to seek pretrial release effectively. Knowing how to reduce bail will help you navigate the process. The following information will help.
What is a Bail Hearing?
A bail hearing is a crucial court proceeding where the judge will determine your release before the trial and under what conditions. Most of the time, the hearing or the arraignment is conducted within 48 hours, excluding weekends and holidays. This allows you to argue for a pretrial release while your trial is pending.
At the hearing, you will appear before a judge, either in person or via video from jail. The state will present your charges to the judge and argue that you should remain locked up because you are a flight risk or a danger to the community. The judge will consider:
- Your criminal history
- How serious the crime you are facing prosecution for is
- Whether you have ties to the community
- Whether you pose any danger to the community
On the other hand, your lawyer can rebut the state’s claim, showing you do not pose a risk and should be released.
The judge will set bail after hearing the arguments from both sides. The amount set for bail usually follows county schedules, but the judge has the discretion to set a different amount. If you do not have the money to pay the set amount, you could request that the amount be lowered or for you to be released on your own recognizance (OR release). An OR release means you would be released without having to post bail. Furthermore, the judge will inform you about the conditions upon which you may be released, like not contacting the victims or remaining drug-free. Violating these conditions can result in re-arrest.
However, for serious crimes like murder, you can be held without bail.
Navigating Your California Bail Reduction Hearing
A bail reduction hearing is a legal proceeding that allows you, a defendant, to request a reduction of the bail amount set after your arrest. If your bail is too high, this hearing will help you secure pretrial release.
A bail review is not always granted at the bail hearing. To succeed in lowering bail in California, you should demonstrate “good cause” as outlined in California Penal Code 1269b. Specifically, if you cannot post bail, you or your defense attorney can ask for this review within five days of the first bail order. This automatic review is another key moment when a bail review could occur. At that time, the court can review the bail amount that was previously set and order a bail amount adjustment. You can also request a bail review later on, should there be a real need to do so, when your conditions dramatically change, like having the charges dropped or new compelling evidence surfacing.
Some repeat felonies and highly violent offense cases that raise public safety concerns, for example, could also activate a bail review. However, this occurs under different rules or procedures with a stricter appraisal. If you request bail below a particular threshold, PC 1270.1 requires a hearing in open court after giving the prosecution a two-day notice. These hearings help the courts consider your and the community’s rights when deciding on bail amounts.
What Triggers Your Bail Reduction Hearing?
Several distinct scenarios can trigger a review. If the bail set during your arraignment is way above your financial capacity, you or your attorney can file a motion for lowering bail. This often happens when the bail amount strictly aligns with the county’s preset schedule, but you cannot afford it. Your attorney can make an excellent case for a hearing, arguing your inability to pay while citing the 2021 California Supreme Court case of In re Humphrey, stating that the failure to pay cannot be the only reason for your detention.
A significant change in the circumstances of your case is another important trigger. A significant change in case circumstances can trigger a request for a bail amount adjustment. The bail amount will fit the gravity of your alleged offense because of this flexibility.
Furthermore, the review must occur within five days of the first bail order if you remain in custody and your right to a review has not been expressly waived. You should use this opportunity to persuade the judge, especially if you can show strong, verifiable community ties.
All these triggers together highlight how a review is a good way to counter excessive pretrial custody and secure a bail amount adjustment for the applicant.
The Bail Hearing Reduction Process
The process of a review in California has several steps that happen sequentially and are crafted to secure a fair bail amount change or have you released on no bail. Let us look at each step.
Requesting the Hearing
To start the review process, you or your lawyer must formally request it. During the arraignment hearing, your attorney can make an oral motion asking the judge to lower bail because you cannot afford it or have other reasons that make the bail unreasonable. If your attorney requests this after the initial hearing, your lawyer will file a written motion detailing “good cause” for a strategic adjustment of the bail amount. This motion will provide the legal basis for the request, including:
- New evidence
- A change of circumstances
- Other reasons why the bail was set too high
The prosecution must be given proper notice to have time to respond
Preparation for the Hearing by Your Defense Attorney
Before the hearing, your lawyer will gather evidence for your request. Your lawyer will compile documentation that proves your close ties to the community. This can include issues like employment records, property ownership, or family support. Your lawyer will also demonstrate your clean criminal history or little past offenses to the court.
Your attorney will demonstrate your inability to pay for bail with financial documents, including bank statements and tax returns. The main goal is to show that you are not a flight risk or a danger to the community and deserve a lower bail amount.
The Hearing Itself
You will go through an in-person or video appearance from jail to a judge through review. The prosecution will give their arguments, mostly asserting that the charges are severe or that you pose a risk. Your lawyer then puts forward arguments against the state’s claims, emphasizing factors that are in your favor. This can include pointing out the following:
- Your financial hardship — A successful argument for a bail amount adjustment often centers on demonstrating financial hardship. The courts must consider your ability to pay, so your bail is not a punishment for being poor.
- Your established community ties — Showing strong ties to family, work, or property acts as proof of staying stable and signals lesser flight risk. Judges are more likely to give you a lower bail if you have roots.
- Minimal or no criminal history — If you have a clean record or a history of only minor offenses, you have less chance of reoffending. Your attorney will present this record as evidence to show that you are not a repeat offender, which is grounds for mercy.
- Your commitment to court compliance — You should express willingness to adhere to pretrial release conditions like check-ins and drug testing and that you will appear at all needed hearings.
- Your compelling medical or family circumstances — If you have a serious medical condition or have family obligations, like elderly parents or young children, your bail could be lowered. Courts could deem detention unduly harsh in these cases.
- Weaknesses in the prosecution’s evidence against you — If the prosecution has unreliable witnesses or lacks probable cause, this weakens their case against you, weakening the case for a high bail. Judges have the authority to lower the amount due to lower conviction chances.
Judges have significant discretion when lowering bail in California, balancing public safety and your right to pretrial release.
The Judge’s Decision
The judge has several options to make at the review. He/she could:
- Set your bail at an affordable amount, which, unlike a non-bailable offense situation, allows you to pay to be released from jail
- Approve a reduction of a smaller amount
- Impose conditions along with reducing the bail amount, like GPS monitoring, drug testing, or travel restrictions
In serious cases, the judge could deny bail when the judge believes you pose a significant threat to the public. However, the justification for this decision must be shown on the record to ensure transparency.
Post-Hearing Actions
Once your bail has been lowered, you or your loved one can make that payment to secure your release. Even after a successful bail amount adjustment, a bail bondsman may be necessary for release.
Do not give up if the first review does not get the result you seek. Your attorney has options. Your attorney will review the judge’s ruling for grounds for appeal in case of a procedural error. Also, the attorney could submit a new application for a review if your situation changes, like the discovery of fresh evidence or a reduction in charges.
Appeals and Bail Reduction Hearings
A bail appeal is a request to a higher court to reverse a lower court’s decision. Your lawyer must file the appeal within the required time, depending on the case.
As the appellant, you should submit a written brief that specifies the claimed errors that are usually violations of laws or constitutions. Appellate courts review only questions of law, not questions of fact. They do not retry cases or hear new testimony. While there may be oral arguments, the decision is based on the existing decision on record.
The appeal could affirm, reverse, or reverse the lower court’s decision. If a bail reduction hearing is unsuccessful, you can file an appeal, though the success rate for lowering bail in California through appeals is low. This is because the ruling in a lower court is presumed correct. It is an important protection against mistakes by the judges, but it is not a retrial.
On the other hand, as already discussed above, a bail reduction hearing is a focused, expedited proceeding. The hearing aims to reduce the amount of money required to release a defendant from custody.
Find a Bail Bondsman Near Me
A bail reduction hearing depends on your criminal defense attorney making the necessary arguments for a bail lowering. You will need a bail bondsman once the amount is adjusted and the bail is set. Your attorney’s expertise is crucial in the courtroom because they will present evidence convincing a judge to lower your bail to an affordable price. Hence, you will not be in custody for longer than necessary. You could need a bail bondsman to secure release even after successfully lowering bail in California.
That is where a bail bondsman steps in. Bail bondsmen provide the full bail amount for a non-refundable fee, usually a percentage of the total, so you can be released quickly. This enables you to concentrate on your defense without the limitations of imprisonment. For reliable and efficient bail bond services across California, count on Balboa Bail Bonds. Call us at 619-760-2222 for further assistance.
Tags: The Process of Bail Reduction Hearings in California