After an arrest, the first court hearing may determine whether you return home or remain in custody while your case moves forward. A bail hearing can affect your job, your family, and your ability to help with your defense. It can also add stress during an already uncertain time.
A Los Angeles bail hearing lawyer can ask the court for release on your own recognizance, lower bail, supervised release, or non-financial release conditions. In California, bail decisions now require close attention to the ability to pay, public safety, victim safety, and whether less restrictive conditions can reasonably address the court’s concerns.
When someone is in custody, early action can affect what the judge hears before making a bail decision. Criminal defense attorney William S. Kroger can review the arrest, prepare for the hearing, and present the facts that may support release from custody. Call (323) 655-5700 for a consultation today.
California courts still consider public safety, victim safety, the seriousness of the charge, the person’s record, and whether the person is likely to return to court. A judge may still set bail, add release conditions, or deny release in certain cases.
The difference is that money bail should not keep someone in jail solely because that person cannot afford to pay it. If the court is not legally permitted to deny bail, bail should not be set so high that it functions as a detention order.
The California Supreme Court recently addressed this issue in In re Kowalczyk. The Court said that, in cases where the death penalty is not at issue, judges may deny bail only in the limited situations listed in the California Constitution. For example, bail may be denied only in the following categories:
Death penalty or capital cases when the facts are evident, or the presumption is great.
Felony offenses involving violence against another person, or felony sexual assault offenses, when the facts are evident, or the presumption is great, and the court finds that release would create a substantial likelihood of great bodily harm to others.
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Felony offenses where the facts are evident, or the presumption is great, and the court finds that the person threatened another with great bodily harm and would be substantially likely to carry out that threat if released.
Many cases do not fall into those categories. In those cases, the court may still consider safety, court attendance, and release conditions. But if a person has a right to pretrial release, unaffordable bail should not be used as a substitute for denial of bail. The defense can ask the judge to consider what the person can realistically pay and whether non-financial conditions can address the court’s concerns.
A bail hearing gives the judge information about release, bail, and pretrial conditions. The judge may consider the charge, the police report or charging document, prior record, prior court appearances, ties to the community, employment, family responsibilities, financial resources, and any concerns raised by the prosecutor. The court may also look at whether the person appears to be a flight risk or has a history of missing court dates.
Under Penal Code § 1275, a judge or magistrate evaluates public protection, the severity of the charge, the defendant’s criminal history, and the likelihood of court appearance. The law emphasizes that public safety is the top priority. However, this does not guarantee that the prosecution will automatically receive the bail amount it requests, nor does it allow the court to disregard financial circumstances.
The defense can request the court to consider alternative release options that address safety and court attendance without requiring unaffordable bail. These alternatives might include own-recognizance release, supervised release, stay-away or no-contact orders, treatment, testing, GPS monitoring, regular check-ins, travel restrictions, surrender of firearms, or other conditions aligned with the court’s safety concerns.
That gives the section a different purpose. The earlier section explains when bail may be denied. This section explains what the judge may do in cases where release is still on the table.
A bail hearing can come up quickly. Meanwhile, families may be gathering information as the accused stays in custody. Well-organized documents can help a defense attorney present the judge with more than just arguments.
Helpful information may include:
A judge is not obligated to accept unsupported claims about the inability to make bail. The defense should be ready to show what the person can and cannot reasonably afford.
Los Angeles County has a pre-arraignment release system that impacts many lower-level arrests before the first court appearance. According to the Los Angeles County Felony Bail Schedule, the Pre-Arraignment Release Protocol determines whether eligible arrestees are released without restrictions, with non-financial conditions, or held until their arraignment. The protocol aims to reduce reliance on money bail for specific misdemeanor and low-level nonviolent felony arrests prior to arraignment.
Under the Los Angeles County Misdemeanor Bail Schedule, there has been a shift away from pre-arraignment money bail for many less serious and lower-risk misdemeanor and felony offenses. Previously, individuals who could afford scheduled bail were released, whereas those who could not were detained despite posing little risk.
These systems do not eliminate the need for a bail hearing. The schedule and pre-arraignment protocol may affect what happens immediately after booking. Once the accused appears in court, the judge can review the case, hear from both sides, and decide whether release, bail, or conditions are appropriate.
Can Los Angeles Courts Still Refer to a Bail Schedule?
Los Angeles courts still use bail schedules, especially before a defendant appears before a judge. According to Penal Code § 1269b, superior courts must adopt and update a bail schedule annually. Before the first court appearance, bail may be based on the amount listed in a warrant or the county schedule.
A bail bond may help some families post bail after an arrest, but it does not decide whether the bail amount is fair. Once the person appears in court, the judge can still review the amount, the person’s finances, and the release options available under California law.
That schedule does not control what happens once the person is in court. At the first appearance and thereafter, the judge may set bail higher or lower than the scheduled amount. The judge may also order release conditions rather than simply following the listed bail amount.
Any bail decision must still follow the California Constitution, state law, and California Supreme Court rulings regarding the ability to pay and pretrial release. After the first appearance, bail and release conditions are left to the judicial officer’s discretion, and the final amount may be above or below the scheduled amount when the law allows it.
Own-recognizance release, often called OR release, allows a person to secure release from custody based on a promise to appear in court without posting bail. Under Penal Code § 1270, a person arrested for or charged with criminal charges other than a capital offense may be released on their own recognizance by a court or magistrate who could release the defendant on bail.
For misdemeanor cases, the statute gives additional protection. A person in custody who is arraigned on a misdemeanor complaint is entitled to own-recognizance release unless the court makes findings on the record that OR release would compromise public safety or would not reasonably assure the person’s appearance in court.
That makes the record at arraignment important. If the defense requests an OR release, the court should address why the release is allowed or denied. If the court denies an OR release, the defense may ask the judge to explain the reasons for the denial.
Bail hearings can happen soon after an arrest. The lawyer can review the booking information, charges, warrant status, bail schedule designation, and any release conditions already imposed.
A criminal law attorney can also gather financial information, prepare family members for possible testimony or written support, contact the prosecutor when appropriate, and organize the facts the judge needs to hear. If the accused person has medical, mental health, work, school, or caregiving needs, those facts may need to be presented before the court makes a decision on release.
The prosecutor may argue for higher bail, stricter conditions, or detention when the Constitution allows it. The defense can respond by addressing the specific concerns raised in court and by giving the judge a fuller record before bail is set.
At the hearing, a defense attorney who tracks changes in California bail law can ask the court to apply Kowalczyk, consider the person’s ability to pay, and make findings on the record. If the court sets bail, the defense can ask that the amount be tied to the person’s actual financial resources.
No attorney can promise a release. The judge makes the decision. But the defense can challenge unsupported claims and seek a bail order that complies with California law.
A person who remains in custody may have a harder time reviewing documents, helping gather records, contacting witnesses, or communicating with counsel. Detention can also add pressure to resolve the case quickly, even before the defense has had time to review the evidence.
In a felony case, early release may also affect how the defense prepares for the preliminary hearing. A preliminary hearing is not a trial. It is a court proceeding in which the judge decides whether there is sufficient evidence for the case to proceed. The defense may need time to review reports, identify gaps in the prosecution’s evidence, and prepare questions for witnesses.
That is why the bail hearing deserves careful preparation by the defendant and their criminal defense lawyer. Bail is not only about money. It can affect how the defense is built from the beginning of the case, especially the amount of bail set.
When someone is in custody, early action can affect the information the court has before making a bail decision. A criminal defense attorney experienced in pretrial court appearances can review the arrest, prepare for the hearing, and present the facts the judge needs to consider.
Speak with a Los Angeles bail hearing lawyer as soon as possible after an arrest. Call 323-655-5700 today.
If you are being investigated or charged with a crime, you need help fast. Criminal cases move quickly and come with serious risks like long jail time, large fines, and a permanent record. William S. Kroger Criminal Defense Attorney at Law is ready to protect you. Our Los Angeles federal criminal defense lawyer knows how to deal with the federal prosecutor, the court system, and law enforcement.
We handle all types of federal crimes, including wire fraud, drug trafficking, white collar crimes, and money laundering. Our law firm fights to protect your rights, your future, and your freedom. Whether you are facing a grand jury, pretrial motions, or sentencing guidelines, we are here to help you every step of the way.
Contact us now for a free consultation. You do not have to face the United States Government alone. Let our experienced legal team defend you with skill, care, and confidence.
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This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
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