If you have been arrested for a criminal felony offense, chances are you have been kept in custody. At your very first appearance in Court, the Court will hold a bail hearing. At the bail hearing, a bail will be set, or you may be released on your own recognizance. The outcome of the hearing will be determined by the court’s consideration of a few factors, and the attorneys’ presentation of the facts and evidence.
As stated, the Court will review whether the person being detained is 1) a flight risk and 2) whether they are a danger to society. The prosecutor will present evidence and testimony to demonstrate that the person is a flight risk and they would be a danger to society, and the Los Angeles Criminal Defense Attorney will present testimony and evidence to demonstrate that the person is not a flight risk and they are not a danger to society.
Let’s consider examples of how a Los Angeles Criminal Defense Attorney can argue for release.
David is a 35 year old man who is being charged with grand theft. He works as a property manager in which he takes care of the property, and also receives free rent along with pay. He is involved with his community, and attends night school working towards earning a bachelors in business. His parents live a few blocks away, as does his sister and his nephews. He babysits them often and takes them out for treats.
The attorney will show evidence of David’s employment, and the extent of how long he has lived and worked there. Evidence from tenants and friends as well as people in the community will be presented to show that David has a positive influence on people and that he is dedicated to his obligations. The attorney will also take testimony from David’s family to show how involved he is.
The attorney will also show evidence that David’s offense for grand theft was not one of a injurious nature in which David would harm someone. With everything compiled together, it would be the attorney’s hope to demonstrate to the Court that David has no intentions to run and avoid his legal obligations. That he will remain in town and in society due to his connections, and will appear in court and attest to his sentence as he is required to do by law.
A bail hearing is a crucial part of the criminal process. It allows a detained person to demonstrate as to why he or she should not be detained, and why they should be released. Hiring a Los Angeles Criminal Defense lawyer is very important, and it is important that an attorney is retained as soon as possible. There is a lot of evidence that needs to be gathered, as well as testimony so that on that first day of hearing the attorney is ready to go and able to make a strong argument in your favor. Do not hesitate to talk to a professional as soon as possible, it can mean your freedom!