Legal Question in Criminal Law in California

Why would a person who was arrested for FTA and on probation and is now being charged with 1203.2a and a felony have a bail set??


Asked on 12/18/09, 8:32 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

I don't understand your question.

Do you mean, "Why did they set bail, instead of releasing the defendant on his or her own recognizance?"

The judge probably doesn't think the defendant isn't likely to appear for court, based on the track record of failure to appear and a probation violation.

On the other hand, you might have meant, "With a probation violation and a new felony, why did the judge set bail, giving the defendant a chance to post bail and get out of jail, instead of ordering the defendant held without bail?"

In a felony case, the judge can order the defendant held without bail pending a probation violation; in misdemeanor cases, the law is less clear, but many of us believe the legislature did not intend to allow judges to hold defendants without bail.

A decision to grant bail is an exercise of discretion, and the judge is supposed to consider all of the circumstances... which you haven't provided.

Maybe the defendant just had a very good lawyer who was able to make a convincing argument to the judge!

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Answered on 12/23/09, 6:32 pm


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