Legal Question in Criminal Law in California
bail schedule
is there a bail schedule for kinapping for ransom, false improsenment, and assault with a deadly weapon. if so how can I get a copy.
when is the best time to file for a bail motion, or it's not necessary since it could be requested verbally at the time or preliminary hearing.
3 Answers from Attorneys
Re: bail schedule
Normally bail is assessed at the time of booking into the county jail by the bail and release officer assigned to the jail. Then it comes up again at the arraignment and can be discussed with the judge and Deputy D. D. then or at any of the subsequent court hearings. It can go either up or down any time the matter is raised. And I once encountered a bail that was set, my client was released from jail, and then the bail was raised at the first court appearance. However, this was a bit unusual. Normally the bail is set. The party bails out and the matter isn't brought up again until the client pleads or is sentenced, and the bail is exonerated.
Re: bail schedule
Deputy D. D. should be D. A.
Vic
Re: bail schedule
There is a bail schedule set for all crimes you have mentioned, depending on the county. You did not specify what county this was, but for example, here is the bail schedule for Los Angeles:
http://www.lasuperiorcourt.org/Bail/
You should also note that there are enhancements for bail if the person has priors, for use of weapons or drugs, or for other factors. As a result, it is very difficult to state "what is the bail for..." without all the facts.
You can always make a bail motion verbally, although the law states that you must give the court and the opposing party (the D.A.) at least 48 hours notice before asking for bail to be changed or reduced. In my opinion, however, I highly recommend a written motion as soon as possible, as it impresses judges and makes all the reasons for bail reduction in writing (and thus appealable), and makes the defense seem more polished and professional.
Thanks, and if you have other questions, please feel free to email me.
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