If you or a loved one has been arrested for any crime in Los Angeles, you can be released from jail in one of two ways.
First, the accused can be released on a citation, or their own recognizance, which means they are freed without a financial obligation with the promise to attend all future court appearances.
Next, is by posting bail. Bail is a cash or cash equivalent payment, which is intended to ensure that the defendant makes all required court appearances.
Each option will be dictated by the severity of the crime and the criminal history of the person who allegedly committed the crime.
If you are a defendant kept in custody, which means you are not eligible to be released on your own recognizance, you must be arraigned within 48 hours of your arrest.
Arraignment is your first court appearance after the arrest where the judge will continue the bail or modify the amount deemed consistent circumstances of your case.
At the Kosnett Law Firm, our Los Angeles & Irvine criminal defense attorneys work tirelessly to sufficiently convince the courts that you will fulfill your promise to appear in court to decrease the amount of bail necessary — if you are unable to be released without bail — so we can begin building your defense while you return to freedom.
How Is the Bail Amount Determined in Los Angeles?
Bail is not imposed on every criminal offense and largely depends on the nature and severity of the offense.
If the offense is one that is relatively minor, such as a DUI with no accident injuries or substantial property damage, then the jail will generally release the person after booking without any bail requirements.
In California, there are three ways that you can post bail if your charges require a financial obligation before you can be released, including:
- Bail bond
- Property bond
Bail requirements will differ for marijuana and drug charges, firearms charges, felony charges, and federal charges, and depending on the severity of your case’s circumstances, bail may not be awarded at all. Having an experienced Los Angeles criminal defense attorney by your side can make the difference between staying behind bars and gaining your freedom.
What Will the Court Consider When My Defense Attorney Requests a Lower Bail Amount?
In some cases, the prosecutor may ask for substantial bail requirements to keep the accused offender behind bars until their case goes to trial.
Our criminal defense lawyers in Los Angeles fight for our clients’ rights to ensure any bail requirements are reflective of not only their charges but our client’s character.
When we are seeking a reduction in any bail amount, our argument will focus on the factors the court will consider, which can include:
- The severity of the offense
- Our client’s criminal history
- Whether anyone was injured, and if so, how seriously
- If threats were allegedly made to the victim
- Whether there were weapons or drugs involved
- If our client poses a threat to public safety
- Evidence of employment and/or ties to the community
- Likelihood of appearing for all future court appearances
Creating a convincing argument for our clients requires experience and a familiarity with the prosecutor who is pursuing the charges, and the judge who is presiding over the case.
At the Kosnett Law Firm, our Los Angeles criminal attorneys focus on delivering results by creating unique solutions for our clients based on the courtroom he or she is appearing in and the customization of their defense.
Can a Los Angeles Judge Deny Bail?
Yes. The court has complete discretion to deny bail in any case. If the charges are so severe that the judge deems the accused to be a threat to the public, bail may be denied.
Bail can also be denied if another jurisdiction has an arrest warrant for the client in question, or if that person has committed another crime while out on bail.
In most cases, if an individual committed a crime that violated their parole or probation, bail will not be set.
How Long Will I Have to Wait to Be Released After Posting Bail in California?
The most common timeframe to be released is between four and eight hours after the client has posted bail in California. However, every criminal case is different, and so is the timeline for release, which can take up to 12 hours in some cases.
Some factors which may delay the release of the defendant can include:
- How busy the system is during the time of posting bail
- The size of the jail
- The number of staff available at the time
- How many other people are waiting to be released, and where the defendant falls in line
If you or a loved one has been arrested on criminal charges in Los Angeles, contact our experienced Los Angeles criminal defense attorneys at the Kosnett Law Firm by calling (310)-445-5900 today to schedule a free initial consultation to discuss your charges and how our accomplished lawyers can pursue the best outcome for your unique circumstances.