Understanding Bail Hearings and Conditions
At a bail hearing in California, the court can consider several things including whether or no to release the person without bail (on their own recognizance) or to set bail at a reasonable amount to ensure their appearance at future hearings.
A judge may consider several factors when determining whether to set, modify, or eliminate bail requirements including:
- Whether you can afford to pay bail;
- The seriousness of the offense;
- Whether you present a danger to the community or a particular victim;
- If you are a flight risk; and
- Prior criminal history.
A judge can also determine that a person should be held without bail if there is no amount that would reasonably ensure their appearance at future court dates. Public safety, however, is the primary concern when determining whether or not to set or deny bail.
At a bail hearing, a judge may also consider whether the initial bail amount was appropriate given the circumstances. This means that in addition to considering arguments for reducing bail, the judge may consider a prosecutor’s argument for raising the bail amount.
For instance, if the initial bail did not consider prior offenses, at a bail hearing a judge may raise the bail amount. As always it is important to discuss your case with an experienced attorney.
Posting Bail
The most common way to post bail is through a bond company. A bail agent can help secure your release from jail by posting the set bail amount. In exchange, you pay the bail company a portion of the total bail amount. You may be able to make payments on the portion of the bail that you owe the bail bond company. Depending on the jurisdiction, you may be able to secure release within hours of your bail being set.