The 8th Amendment to the US constitution reads in part, “Excessive bail shall not be required…” Nonetheless, this doesn’t mean that if you have been arrested for a crime you will be eligible for bail, and further, even if bail is established, it may be in an amount that is unaffordable to you. Although in general, California has among the highest bail amounts in the country, and Los Angeles county is almost always at the top of the list, bail determination is also based on the specific facts and circumstances of your case.
Bail Set Post-Arrest
Once you have been booked, the arresting agency will run your name through a national database to see if you have any outstanding warrants or holds. If not, and the crime you are charged with is a bailable offense, bail will be set according to the county schedule.
Court Determination
If you have a hold, or if you could not make bail per the schedule, the judge at your arraignment has the power to set bail and has great latitude in making this decision. Among the factors the court will consider:
- The nature of the offense: The severity of the charges against you will be the primary factor in whether bail is offered and in what amount. Bail will be denied if the charges are such that the judge deems you a danger to reoffend if released, or if you are considered a flight risk and unlikely to return to court to face the charges.
- Your record: Do you have a criminal history? If so, when, and what type of crime? If you’ve previously posted bail and returned to court for each scheduled appearance, this will weigh in your favor. Similarly, obeying all terms of and completing a prior term of probation makes it more likely that you will comply with court ordered terms in the present case.
- Ties to the community: Your financial circumstances, your employment situation, whether you are a homeowner and your family status are all relevant factors the judge will consider.
Your Los Angeles Criminal Law Attorney’s Role
Although you may feel your release is the only thing that matters, experienced counsel understands the terms must be those you can and will comply with. The positives in your character and background will be emphasized. Additionally, to the extent possible, the potential weaknesses in the prosecution’s case will be highlighted to cast doubt as to a possible conviction.
