Under the Constitution, every person has the right to bail unless the offense is punishable by death or a public safety exception is established. A judge or magistrate is authorized to set bail in the amount he or she believes is sufficient to secure the defendant’s presence at future court dates.
Penal Code section 1275 lists several factors a court has to consider in increasing, reducing, denying, or setting bail.
- Here are some factors the court will consider:
- the seriousness of the crime;
- the danger you pose to the community;
- flight risk
- If you have prior convictions or are on probation, you may be considered a higher risk.
- If you have previously failed to appear in court for your court date, bail will likely be higher.If you have strong ties to the community; such as family and employment in the community.
Requesting a bail reduction at arraignment in order to permit the accused to bail out is very important. The Law Offices of Christian M. Ham can answer questions regarding bail and assist you with the bail process by explaining your options. Call (619) 236-1983 or contact us online for assistance.