Bail Reductions
Bail allows a defendant to be released from actual custody on the posting of a bond, cash deposit, or other security deemed sufficient to guarantee to the court that the defendant will return to answer to the charges levied against him/her. The word bail as used in California law (called statutes) has several different meanings. People often get confused when they hear the word bail. Bail can refer to security posted guaranteeing appearance, or the surety or bondsman who posts security with the court to guarantee appearance. There are three distinct types of bail in California.
- Cash Bail, the putting up of money with the court for the entire penal amount of the bail set.
- Property Bond, the use of real property rather than money. Generally a more complicated and time consuming process.
- Surety Bail, the use of a surety bail bond via a bail agent, or bail bondsman. Commonly a bail bond agency charges only a percentage of the penal amount of the bail set.
A reduction in bail can come at different times depending on the complexity of a case. Bail can be reduced at arraignment, the conclusion of the preliminary hearing, on the filing of an information or indictment; however some judges are reluctant to reduce bail at arraignment because they know very little about the case. As of arraignment they usually don’t have the police reports to review, the judges tend to avoid making a decision on bail without facts. At this point a bail review, or bail study is generally requested by the judge, a Probation Officer will review the facts and make a report back to the court for a further bail hearing.
A good guideline of how courts set bail is described in the California Constitution, Article I Section 12. In part it guides the court on factors to be considered in the setting of bail, and the reduction of bail. Three factors to be considered are;
- Seriousness of the offence (s) charged.
- Defendant’s criminal record.
- Probability of the defendant (accused) returning to court.
Hearings on bail motions (increase or decrease) are generally informal. Most bail motions are made either orally or in writing. Written motions are generally more complex; include memorandum of points and authorities, and declarations of supporting facts. Some courts even require actual testimony, affidavits, or declarations. The assistance of an attorney is advisable.
The judge has a lot of discretion when setting bail amounts. The California Constitution uses the word “may” with regards to excessive bail. May is a word that gives judges their wide range of discretion. Bail reduction hearings are common place in the courts; some hearings are more complex than others. Judges often have their own mindsets on how bail should be set. Each judge is different; it’s not uncommon to have a different judge review bail on the same case.