In California, bail is generally set according to the available bail schedule, the circumstances of your case, your criminal history, and your flight and safety risks. The judge gives the final amount during your initial arraignment. They also give you payment options, according to your financial abilities. However, the judge can revise the terms and conditions of your bail if the circumstances of your case change before its conclusion. This means that they can revoke your bail, increase it, or lower it. It is always good to prepare well for such eventualities. Working with a reputable bail bondsman also helps you adjust to the changes seamlessly.
Prosecutor Motions that Can Affect Your Bail
If you are eligible for bail after an arrest in California, the court sets the amount and receives the guarantee before granting you a pretrial release. The bail amount is not standard across all cases; it is set based on a defendant’s case, criminal history, and flight and safety risks. Courts also consider the available bail schedule when setting bail. They can leave the bail amount for a specific crime as it is on the bail schedule, or increase or lower it, depending on the specific circumstances of your case and your flight or safety risks.
However, the amount the judge sets during the initial hearing can change if there are changed circumstances or new information in your case. In this case, the prosecutor will file a motion to increase or include a bail amount in your case, according to the changed circumstances. Your criminal defense attorney can also bring a motion to remove bail or lower the amount in case of new information or changed circumstances. Here are examples of circumstances that can cause the prosecutor to file such a motion:
If You Face Additional Criminal Charges
When an arrest happens, you are informed of all the charges you face during the initial arraignment. The judge does this to allow you to enter a plea, which then determines the course your case will take. A guilty plea will take the case straight to sentencing, while a no-contest or not-guilty plea can take it to a trial. If your case goes to trial, the trial can be set for a later date to allow the prosecution and defense teams to prepare adequately. This is when the issue of bail comes up, to grant you temporary freedom before the conclusion of your case.
If, after that initial arraignment, the prosecution discovers additional evidence that you committed another crime or crimes, not just the one you were arrested for, they can request a hearing to include the new charges on your charge sheet. They could also convince the court to increase your bail to match the seriousness of your case.
You Have a Deeper Criminal History
If, after an in-depth investigation, the prosecution discovers that your criminal history is deeper than they initially realized, they can file a motion to increase your bail. The judge will hold a hearing to review the new findings before granting or denying the prosecutor’s motion. Remember that a serious criminal history is one of the factors judges consider when setting bail.
You Have Violated Your Current Bail
Courts grant bail on strict conditions, which include a mandatory requirement to appear on all scheduled court dates regarding your case. If you violate any of the set bail conditions, the prosecutor can file a motion to cancel your bail or increase the amount. If you were initially released on personal recognizance, the prosecutor can convince the judge to set a bail amount to compel you to appear as required.
What To Expect in Hearings to Change Bail
If circumstances in your case change and the prosecution feels that the change is significant enough to affect your bail, they will file a motion to change bail. The judge will hold a hearing to review the changed circumstances and other details of your case to grant or deny the motion. If the judge released you on your own recognizance after the initial arraignment, they can set a bail amount that you must pay to continue enjoying freedom before bail. If you cannot afford bail, you may have to remain in jail until the conclusion of your case.
On the other hand, if the judge granted you bail, they can increase the amount or revoke it based on the changed circumstances of your case. An increase in bail or bail revocation is likely if the changed circumstances make your case more serious than before.
The Defense Strategy
During the bail-change hearing, the defense team may also present their views and recommendations in the defendant's favor. In this case, your defense attorney can argue that the changed circumstances are not serious enough to affect your bail. They may also argue that changing the terms of your bail does not serve the interest of justice. The judge will consider the arguments of both the prosecution and the defense to make the final decision.
Implications of the Changed Circumstances for the Bail Bond
If, after reviewing the case, the judge concludes that the changed circumstances affect your bail, this will also affect your bail bond. This applies to defendants who use bail bond services to obtain a pretrial release. If the judge increases your bail, this will definitely affect your agreement with your bail bondsman. The bail bondsman will also revise the terms and conditions of their services in accordance with the judge’s final verdict. This may include increasing the premium, which you must pay before the bail bondsman processes your bail.
Find Reliable Bail Bonds Near Me
Have changed circumstances of your criminal case affected your bail in California?
This can also affect the terms and conditions of your bail bonds. That is why you should talk to your reliable bail bondsman immediately when you are notified of a hearing to discuss the changed circumstances and their possible impact on your bail.
We always anticipate these changes at Alana’s Bail Bonds and are always ready to consider our clients’ best interests when revising the terms and conditions of their bail. Call us at 619-468-9333 to discuss this further.