Legal Question in Criminal Law in California

A violation of Penal Code section 459 is first degree burglary. A violation of Penal Code section 496 is called "receipt of stolen property." There are variety of reasons the court would not set bail. I would need more information, and without that information I would just be speculating.

Generally when the court considers the issue of bail the main issue is whether the defendant posses a risk to the public. A lot of people are still under the misconception that the main issue is the risk of the defendant jumping bail or running. It is not. Although it may be a factor, it is not the main factor or even a big secondary factor. It is only a general consideration. Now, the two charges you're asking about both deal with theft crimes. PC 459 is first degree burglary and PC 496 is receiving or concealing stolen property. So, by themselves they would not appear to be the type of charges that would prevent the court from setting bail or where bail would be denied. However, it would depend on the county, the DA and the Judge. A Judge may consider many different things, such as any prior charges and/or convictions, especially if they involve violent actions. The DA may have made an extremely persuasive argument against bail, who knows what it was. It is impossible to figure out the reason or reasons why the court in this particular instance denied bail. Mr. Roach is absolutely correct, without more information any answer would only be a guess. If bail was denied or the court refused to set bail there should have been a bail hearing and the reasons for the court's decision, would have been expressed in that hearing. Another bail hearing can be set or if there has not been a bail hearing, then depending on the circumstances one possibly should be set.

Good luck