Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

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Bail hearing, baling someone out of jail and so forth can be more complex than simply going down to a bail bondsman.  If you or a loved one has been arrested or a has a warrant out for your arrest you need to obtain legal advice from an Attorney as soon as possible.

I am an former probation officer deputy district attorney, and adjunct criminology professor.  I know the ins and outs of the system if you have questions please call. 

 

IF YOU HAVE A WARRANT OUT FOR YOUR ARREST

If you have a warrant out for your arrest you can bail out on that warrant.  You would have to obtain a bond for the amount listed on the charge.  For example if you have a warrant for battery you would pay the bail schedule for that charge and be given a court date for your arraignment.  You should keep your paperwork with you because a police officer may pull you over and believe that you  have an active warrant when you have actually bailed out ont the warrant.

CAN MY BAIL GO UP AFTER I POST A BOND?

The short answer to that question is unfortunately yes. because the District Attorneys office has the final say as to what charges are filed, the District Attorney's office could decide to file additional charges than the charges you were bailed out on.

For Example you bailed out on a battery charge but the District Attorneys office decides to file Attempted Murder Charges.  This would mean you would be responsible for a bond for the Attempted Murder charge.

Many times a bail bond company will work something out on the additional security needed for that bond.  However, you are responsible for the additional bond amount. 

IS IT POSSIBLE FOR THE COURT TO KEEP THE BOND AT THE ORIGINAL AMOUNT?

Again the short answer to that question is yes. Many times we will argue to the court that the same amount of bond that was originally posted should stay in place although the charges have changed.

WHAT FACTORS DOES THE COURT TAKE INTO CONSIDERATION?

In decidiing if the court will keep the amount the same or increase the amount the court will consider two factors

1. Flight Risk is the person with the bond a risk to flee the jurisdiction. What are his ties to the community? how long have they lived in the community? do they have employment in the area.

2. Is the person a danger to society based upon the facts of the case, is the person a risk of danger to the community at large.  is there some allegation in the complaint that makes the person seem to be a risk to the community at large.  Such as gang membership, use of guns in the crime. It should be noted the facts in the complaint will be taken as true in making this determination. 

BAIL HEARINGS

Many times unless the prosecution agrees there must be a noticed hearing to decrease bail.  It requires two days notice and written request for reduction.  this could sometimes give us time to prepare letters witnessess, pay stubs, etc, to have the bail reduced. I have sometimes had the mother of a client stand up and say she will perosnally watch over the person to make sure he abides by the terms of the bail.  The mother was so intimidating that the Judge agreed to the bail reduction on the spot.

These bail hearings can be used one time andd one time only unless there is a a substantial change in circumstances.  The good news is that often the Judge will take into consideration all factors such as vidoe of the incident etc. 

If you have any further questions give us a call 559-441-1418.

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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