Although most defendants in California have the right to be released on bail after arrest, specific serious circumstances or charges may cause a judge to deny bail entirely. When this happens, you must remain in police custody until a court hears and determines your case. If you are held without bail, it helps to understand the law and how you can improve your situation. Working closely with an experienced criminal attorney can help you get all the details regarding your case.
The California Constitution Overview
An arrest for a misdemeanor or felony in California first leads to booking and then detention by the police. The detention period is supposed to be for only a few hours, as you await your initial arraignment before a judge for a bail hearing. However, the wait can be longer than expected if the court is busy with other cases.
During the initial hearing, you are required to enter a plea before the bail matter is reviewed. If you enter a guilty plea, the case proceeds straight to sentencing. However, if you enter a not-guilty or no-contest plea, there could be a hearing. In this case, the judge decides whether to continue holding you in jail or to release you on bail pending your hearing.
You could be released on zero bail, popularly known as your own recognizance release. This can happen if you face lenient misdemeanor charges, are not a flight risk, and are not a security threat to your family or community. You can also be released on cash bail, a property bond, or a bail bond. These require you to pay or provide security to the court to guarantee your court appearances.
However, there are no bail situations where the judge determines that you should not be released from jail under any circumstances whatsoever. This means you will remain in jail until your case is heard and determined. The court will not grant you a pretrial release even if you have the full amount to post bail.
Violent Felony Exclusions
Recall that the judge determines your eligibility for bail release based on several factors, including the details of your case, criminal history, flight risk, and security risks. Most of the crimes that disqualify you from a pretrial release are violent felonies. There are three main categories of serious felonies that could result in bail denial. They are:
Capital Crimes
Generally, the constitution prohibits bail release for anyone facing first-degree murder charges, with special circumstances. The special circumstances, in this case, include multiple murders, murder that involves torture, or murder committed for financial gain. If there is enough evidence to support your charges, or the presumption that you are guilty is great, the judge can deny you bail during the bail hearing.
Violence-Related Felonies
Most felonies involving violent acts do not qualify for release on bail. This applies even to crimes that are not capital offenses. The judge can deny you bail if you face charges for violently committing a felony. However, there should be sufficient proof of a substantial likelihood that, if you are granted bail, you could greatly harm other people. The judge will also consider the nature and severity of injuries to your alleged victims, and the types of weapons you used.
Felony Sexual Assaults
Generally, California law does not allow bail for defendants facing felony sexual assault charges. The specific felonies included under this exemption include lewd acts with a minor under 14, forcible rape, and continuous sexual assault of a minor. If there is clean and convincing proof that you pose a threat to the alleged victim or your community, the judge has the authority to deny you bail.
Repeat Offender Considerations
Generally, the factors that judges consider when granting bail include the circumstances of your case and your criminal history. If you have a serious criminal history, the judge can deny you bail, even if the circumstances of your case allow for a bail release.
When determining bail for repeat offenders, courts do it on a case-by-case basis. You can be denied bail if the court has a valid reason to believe that you will engage in a crime while out on bail. However, you can negotiate, with the help of a skilled attorney, to obtain pretrial release.
What Options Still Exist?
Bail is very helpful, as it minimizes the impact of an arrest on a defendant’s life. An arrest keeps you away from your family, job, school, or business. The longer you remain in police custody, the greater the impact becomes. Some people lose their jobs permanently and find it difficult to start over again after being released from custody. Other people lose the support of their loved ones.
Fortunately, there are several options for a pretrial release after an arrest. If the judge grants you bail during the initial hearing, they may grant zero bail release, or you can use cash bail, a property bond, or bail bonds to guarantee your court appearances. If the court denies you bail, you could fight it with the help of your attorney. You can use evidence of your strong community ties and proof of treatment or rehabilitation to convince the court to grant you bail. This can be done through an automatic bail review under PC 1270.2.
Other options available include supervised release from police custody. The court can allow pretrial release under supervision, with strict conditions you must abide by. For example, you could be required to wear an electronic monitoring device while out on bail.
Find an Experienced Bail Bondsman Near Me
Bail release after an arrest in California is critical. Sadly, not all defendants are automatically eligible for bail. If you do not qualify for bail because of the nature and severity of your charges, your criminal history, flight risk, or security risk, allow a skilled attorney to advise you on your options. If you negotiate for a pretrial release and the court grants bail. We can help at Balboa Bail Bonds. Call us at 619-760-2222 to learn more about our services.