Legal Question in Criminal Law in California

remanded back into custody

my husband was out on an $80,000 bail after a mistrail in a second strike case. After a few accusations were supposedly made to the D.A, the judge remanded my husband back into custody. He raised his bail to $350,000. The judge says that ''in his opinion'' he is a risk to society. With strong family ties and he had a good job, wouldn't this warrent a bail reduction? What is the bail technically based upon??? What is excessive?


Asked on 9/07/01, 7:38 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: remanded back into custody

The judge has broad discretion as to bail amounts. And on felony cases my opinion is the D. A.s and Judges like to have the criminal defendant in jail so that the criminal defendant can't hurt someone else. They also can then offer them a deal to get the defendant to take a plea. It's been my experience that once someone is in custody they will take a plea rather than fight it. However, an incarcerated defendant is a win win situation for the D. As. and Judges.

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Answered on 10/25/01, 6:40 pm


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