Posted on January 31, 2009 in Criminal Law
Bail is a right in most states. In California bail is allowed for all crimes except capital murder. Bail is accomplished by posting a bond with the Court that has jurisdiction over the particular case. The bail bond is usually obtained by using a bail bond agency that will charge a fee, usually ten percent of the amount of the bond. This fee is called a premium and will be non-refundable even if the case is later dismissed. Other ways to post bond can be by paying the amount in full to the clerk of the Court, this is called a cash bond. Before bail can be reduced it must be set.
The amount of bail is set by the law makers and is usually cotained in a book called a bail schedule. The amount can go up or down depending on various factors. To get bail lowered or reduced usually requires the help of a local and experienced criminal defense lawyer who proceed to criminal court and file the necessary motions requesting a reduction in bail and release of the client forthwith. The most important considerations when asking for a bail reduction are as follows: The flight risk of the criminal defendant, the seriousness of the offense and the issue of whether the individual poses a danger to the community if released.
Assuming the person arrested has a good job, family in the area, has lived in the community a substantial amount of time and has minimal if any criminal record, the Judge should lower bail or release the person on a signed promise, sometimes called a release on own recognizance. Again, an attorney will be necessary in most cases to get the best Bail Reduction .
Preparation is the key when going into Court, have character letters from people that know the defendant, establish a good work history thru pay stubs and show the ties to the community by bringing in utility bills or property tax records.
Bail is a right in most states. Bail Reduction is an area of law that is handled by criminal defense attorneys. In California bail is allowed for all crimes except capital murder. Bail is accomplished by posting a bond with the Court that has jurisdiction over the particular case. The bail bond is usually obtained by using a bail bond agency that will charge a fee, usually ten percent of the amount of t