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.
The factors a Judge will consider in regards to whether a person is a threat to society is the nature of the crime they are being charged with, and criminal history. The court wants to ensure that if the person is released from custody, they are not going to be arrested again or be a danger to their community. If a person has had 3 to 4 DUIS, and is now in custody for a 4th or 5th, the Judge is going to be less likely to believe that he or she is not a harm to society, because they have been charged before. Similarly, if a person is being charged with murder, or something more serious such as aggravated assault, the bail will be higher, or denied since they will be seen as a threat to society.
An experienced Southern California Criminal Defense attorney has successfully helped thousands of clients be reunited with their families after being in custody. The attorneys at Hoffman & Associates understand how important it is that you are not in custody so that you can help prepare your defense and get back to the things that really matter.