Judge Deny Bail in California
When you’re arrested, it can be a frightening experience. Once the police complete their paperwork and you are booked, the only way you can leave jail is if you’re released on bail or if you get a “OR” release (Own Recognizance). Bail acts as a guarantee that the person who is convicted of a crime will attend all court proceedings. There are many factors that a judge takes into consideration when deciding whether to set bail and how much money the person must pay.
In some cases, the judge will choose not to grant San Diego bail bonds at all. This is usually due to the severity of the crime that has been committed. For example, murder, rape, and armed robbery are considered very serious crimes that will make it extremely difficult to obtain bail.
Additionally, a judge may choose to deny bail if the prosecution shows that it’s highly likely that the accused will commit another crime if they are released from jail before their trial. This is commonly known as a “public safety” reason, and it can be used to prevent the person from committing more heinous crimes before their trial.
Why Would a Judge Deny Bail in California?
A judge will also consider the defendant’s ability to return to court for their trial if they are released on bail. For example, if the defendant has skipped court when released on bail in the past or if they don’t have strong ties to their community that will keep them from fleeing, the judge may decide not to allow them to return to court.
Another common reason to deny bail is if the prosecution can prove that there’s enough evidence to convict the defendant of the crime they’re charged with. This is often the case when there’s DNA or video footage that clearly shows the suspect in the act of a crime.
When it comes to bond, the amount that a person must pay in order to be released from jail varies from one case to the next. Some people have the resources to pay their own bail, while others need the help of a San Diego bail bondsman. A bond is a financial agreement between the defendant, their family or friends, and the bail company that guarantees the inmate will show up for all court hearings and trial appearances.
The defendant will generally only need to pay a non-refundable 10% fee for the service of the bail bond, with the rest of the bail amount paid by the surety company on the client’s behalf. Depending on the case, this can be paid in cash or through credit or debit card, check, money order, or even equity value in real estate. The judge will decide if the defendant qualifies for bail and how much is required during their arraignment. Typically, the judge will schedule this hearing as soon as possible after the arrest. A bail reduction can also be granted by a judge at a later date if they determine that there’s been a change in circumstances.