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.
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.
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