Monder Law Group - News
You or someone you know was just detained, they are now in custody and are waiting to hear the charges being filed against them. Here is what you need to know, the court does not have the obligation to post bail. However, if the court does choose to post bail, a defendant has a right for the bail to not be excessive but reasonable with regards to the charges and the facts of the case.
The Eighth Amendment to the Constitution of the United States declares that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Hence, criminal defendants are constitutionally protected from excessive bail being set by the court during pre-trial detention.
The following are common inquiries defendants and their loved ones make regarding bail. If you have any other questions or would like to discuss the specific facts of your case, please contact Criminal Defense Attorney Vik Monder at 619-405-0063. At Monder Law Group we understand how precious your liberty is and we will work with you and your loved ones every step of the way to ensure that bail is posted and you are released.
What is bail?
Bail is the required amount of money ordered by either a Judge or a Magistrate in the accusatory pleading to discharge a defendant from being detained in custody before his or her trial on a criminal charge.
What is preventative detention?
Preventative detention is the court’s denial of bail for a defendant because of the high probability that the defendant poses a danger to the public if allowed to post bail.
What factors are considered in determining bail?
First and foremost the court considers the protection of the alleged victim and/or the safety of the public. The court then takes into account the seriousness of the offense charged, by considering the alleged use of a firearm or deadly weapon in the commission of the crime and/or the alleged threat or injury to the victim. The court will also review the information in the defendant’s prior criminal record and the alleged use or possession of controlled substances by the defendant if any. Lastly, the court will consider the probability of the defendant becoming a flight risk and missing the required court appearances.
What is considered excessive bail?
Bail is considered excessive if the amount set by the court is higher than the amount reasonably required, to ensure the asserted governmental interest. The defendant can challenge bail as excessive by filing a motion for a reduction of bail.
When is a defendant’s bail set?
If the court decides to set bail, bail will be set at the time of a defendant’s bail hearing while he is detained in custody on a criminal charge. A defendant has a right to have an automatic review of the court’s original order setting bail, within 5 days from the defendant’s bail hearing.
What ways can a defendant post bail?
A defendant can post bail with cash, by obtaining a bail bond, or by obtaining a property bond.It is important to note that a defendant’s bail will be released once the case against the defendant is resolved.
What is O.R. release?
O.R. release is an alternative to posting bail, where the court releases the defendant on the defendant’s own recognizance and entrusts the defendant to make his or her court appearances.
What is FTA?
FTA is a defendant’s failure to appear in court, which results in the court holding the defendant in contempt of court, forfeiting the defendant’s bail and issuing a bench warrant for his or her arrest.
Does the defendant have to present to recall a bench warrant?
This depends on whether the warrant was issued for failure to appear for a misdemeanor or felony case. If the defendant failed to appear before the court for a misdemeanor charge against him or her, then the defendant’s presence is not required and the defense attorney can quash the bench warrant. However, if the defendant failed to appear before the court for a felony charge against him or her, then the defendant’s presence is mandatory to quash the bench warrant.
If you have any questions about criminal bail hearings, please contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense