Just because you have been arrested for a crime, it does not mean you are guilty or have to be jailed until your trial. You can be released from jail in one of two ways. First, you can be released on a citation, or your own recognizance. This means that you will be freed without a financial obligation, but only on the promise that you will attend all future court appearances.
A second way to be released from jail is to post bail. Bail is a cash or cash equivalent payment that is intended to ensure that the defendant makes all required court appearances.
Each of these two options will be dictated by the severity of the crime you have been charged with and your criminal history.
How Is Bail Amount Determined?
Bail is not imposed on every criminal offense. And when bail is imposed, the amount largely depends on the nature and severity of the offense you are charged with. If you are charged with a relatively minor offense, such as a drunk driving charge with no accident injuries or serious property damage, then you may be released without any bail requirements. However, if you are charged with a serious crime, such as murder, the bail may be significant. Under some circumstances, bail may not be awarded at all.
California law allows people charged with crimes to post bail in three different ways:
– Bail bond
– Property bond
Factors Considered When Requesting Lower Bail Amount
Depending on the specific facts of your case, the prosecutor may ask for substantial bail requirements to keep you behind bars until your case goes to trial. Similarly, if you have been charged with a less serious crime, your Central Valley criminal defense attorney may ask for a lower bail amount.
In determining the amount of bail to set in a criminal case, the court will consider the following factors:
- The severity of the offense
- Our client’s criminal history
- Whether anyone was injured, and if so, how seriously
- If threats were allegedly made to the victim
- Whether there were weapons or drugs involved
- If our client poses a threat to public safety
- Evidence of employment and/or ties to the community
- Likelihood of appearing for all future court appearances
Call an Experienced Central Valley Criminal Defense Attorney
If you or someone that you care about has been arrested or charged with a crime that you did not commit, it is important that you immediately hire an experienced criminal defense attorney to help protect your legal rights and ensure that you have the best defense possible to avoid a criminal conviction.
For more information or to schedule a complimentary consultation with Central Valley criminal defense attorney Gurjit Srai, please call us at (209) 323-5558 or (559) 449-1447, or complete our online form.