Articles Posted in Bail

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.

If you have been arrested and the crime is a felony, chances are the State of California will keep you in custody pending the conclusion of your case. However, you are entitled to a bail hearing to determine the amount of bail, if any, will be set.

If you are in custody it is a very stressful and difficult time. Regardless, retaining an experienced and knowledgeable Los Angeles Criminal Defense attorney should be a priority and the first thing you do. During a bail hearing, there are several elements to be proven. Without the proper legal background and expertise, you would not be able to adequately and quickly prepare for the hearing.

When granting or denying bail, the Court will consider two elements; 1) is there a flight risk and 2) is there a harm to society.

When you have been arrested on suspicion of a criminal charge, you are not yet convicted of a crime. Simply being arrested does not mean you are guilty, or that you will be sentenced., it means that officers have a reason to believe that you are guilty of the charge you have been arrested for.

Before you can be found guilty of any crime, you must either plead guilty to the charge, or you must be found guilty beyond a reasonable doubt in a court of law. Only then do you have a conviction on your record.

During the criminal court process, from the point you are arrested, or given a citation, through the completion of your case, you have certain rights. These rights may not be taken away from you at any point in the proceedings, and it is the Court’s obligation to inform you of these rights, whether you are represented by an attorney or not.

When a person has been taken into custody during a criminal arrest or charge, they will remain in custody until a bail has been set. Most often, the person is released and bail is set in 4 to 5 hours. However, in some situations, the person will remain in custody until a hearing is conducted on what amount to set bail.

The cases in which a hearing will be required in order to be released on bail, are cases that the Court feels are very serious, and ones in which the Court believes there is a flight risk, or the person will be a risk to society.

The Judge will look at many different factors to conclude that a person is a flight risk. For example, if the person has many past bench warrants, it is a reasonable conclusion to make that the person does not take their court dates very seriously and is likely to not appear. A bench warrant is issued when a person does not appear on a scheduled court date. When the person does not appear the Judge will issue the warrant and officers are to bring the person into custody if he or she is found.

Many people hire and pay asked attorney’s fees so that a knowledgeable attorney can protect their rights and interests in court, but very few know their rights when it comes to an attorney that they have hired to represent them. The California code of ethics lays out very specific standards to which an attorney must adhere to when dealing with their clients.

One of the main obligations an attorney has to a client is to be open with communication. If a client calls the office, the attorney, or someone under their direction, must return the phone call within a reasonable period of time. A reasonable period of time does not mean within the hour, or as soon as possible. If a client calls the attorney on Tuesday morning, the attorney may return that call later on that day or on Wednesday. A reasonable period of time would be within that day or the next, unless of course the attorney feels that it is a matter that requires immediate attention. Matters that would demand a phone call right away would be if the client has been arrested again or if the client has a court date the following day and there has been a change to the calendar.

When you have hired an attorney to represent you, they must appear in court on your behalf, provided that they have been retained to do so. If you have a court date and the attorney has been notified but fails to appear they have violated their duty to you as your attorney. You are paying an attorney to protect your rights and interests and oftentimes a failure to appear in court can be detrimental to your case as well as your criminal record. Make sure that your criminal defense attorney is a professional and will appear on your behalf in court without you having to worry about it. A great way to check whether an attorney is responsible is to ask previous clients or look up the attorney’s record on the California State Bar website. An attorney can get sanctioned by a judge if they fail to appear in court and it has an effect on the client’s case. If an attorney has been sanctioned before, it will be on their public record as an attorney.

When a person is charged with a crime, they are often taken into custody. In order to be released, they have to pay a bail amount. A bond hearing may be requested during the first criminal court appearance to reduce the bail, however, the person must remain in custody until their first court date.

Because the bail amount is usually a lot more than can be afforded by any one person, there are bail bondsmen that can help you out. A bail bondsman will pay the bail for you, and will ask you for 8 to 10% of the amount as a fee for their services. Some bail bondsmen ask for some property in the state where the person is arrested as collateral if they feel it is necessary.

There are many bail bondsmen located in your area, and you will see many standing outside of the jail handing out cards and offering you the best rate. So then how do you know which one to trust? There are some companies that will take a long amount of time before they can get your loved one released. They ask for lots of personal information, including bank account information and social security number before they say they can help you. It is difficult to determine whether the company you choose is trustworthy and will get you the results that you want.

When a person has been taken into custody for a criminal violation, there will be a monetary bail amount set. The bail amount must be paid in order for the person to be released from custody. This amount serves as collateral, that the person will make all required appearances in court and will not get into any further trouble until their case has been closed, and if found guilty, a sentence has been ordered.

The important issues are considered by the Judge; whether the person is a flight risk, and whether this person would be a harm to society. If either is found to be a significant concern for a person, the bail will likely be denied, or it will be set very high.

There are several factors that can be stressed to prove to the court that a person is not a flight risk. The court wants to be certain that if a person is released from custody, they will uphold their obligations to the court and appear on scheduled dates and follow court orders. A knowledgeable San Diego Criminal Defense Attorney might show that they have lots of contacts in the area that would make them unlikely to leave. This would include things like family that they live with and have close by. The larger the family, and the closer their ties to them, the stronger the argument would be that they are less likely to leave. Additionally, if the person has a steady job that they have been at for an extensive period of time, it shows commitment and dedication, especially if they hold a higher position within that job. This makes it unlikely that they would leave a steady job and income. The Judge may also consider if they are a notable person in the community, do they volunteer or are they active in difference organizations that shows they are tied to their community.

When a person has been arrested and taken into custody for an alleged criminal violation, a bail amount is set. A bail amount is a monetary amount set by the court that can be paid in exchange for a person to be released from custody.

If a person has not been released from custody before their first appearance in court, known as the arraignment, a bond hearing can also be requested. The Judge will hear a bond hearing, at the same time as the arraignment. The purpose of the bond hearing is to present an argument asking the criminal Judge to reduce the amount set for bail. In cases where there is no bail set, the person charged may present evidence and an argument that will convince the Judge to allow bail.

The Judge will take into consideration two very important issues when determining the amount set for bail. They will look into whether the person is a flight risk and whether they are a danger to society. If it seems like either or both issues will be a problem, the Judge will oftentimes deny the person bail. A powerful argument can be made by providing the court with evidence that goes to show that the person is neither a flight risk nor a danger to society.

Many of our clients who are detained on criminal allegations also have Immigration proceedings started at the time of their arrest. There are many questions regarding the differences between Criminal court and Immigration court.

Your criminal case is a separate entity from your immigration case. It involves two separate courthouses and two separate Judges. When you are detained on a Criminal case it is in regards to your criminal case only. Any time served in jail will go towards your criminal sentence only.

If you do not have citizenship status in the United States then an Immigration hold will be put on you once you are arrested on accused criminal charges. After you have been released from custody , if you are in custody, and have appeared before a criminal Judge and completed your criminal case, you will be transferred over to an Immigration detention center.

When someone you know has been arrested and taken into custody, your first and foremost concern is how to get them out. Unfortunately, the average person does not have the bail amount readily available, and therefore a bail bondsman becomes necessary.

The set bail amount will vary based on several factors. Essentially the court will ask whether if this person was released, would they be a danger to society, and will they appear in court for their next scheduled hearing. If the facts point to the likelihood that this person will flee and neglect their court ordered duty to appear before the judge, or if the nature of their crime caused serious injury or harm to society they will have a higher bail.

The amount of bail paid is generally returned once the court process has been completed and the sentence given. However, to gather the money in the first place is not easy for the average American. A bail bondsman will pay the bond for you if you pay a certain percentage to the company. For example, if the bond is set at 20,000, you may be asked to pay the bail bondsman 15%, for a total of $3,000. Once you pay the 15%, the bail bonds company will pay the authorities the $20,000 which will be returned to them once the court process is complete. They will keep your $3,000 as their fee.