When the police arrest you or a friend for an alleged offense, the issue of posting bail inevitably arises. Bail is basically the financial guarantee you give to the court to ensure you will attend your scheduled court hearings to challenge the alleged violation. If the set bail is beyond your financial capability, you can work with your attorney to have it reduced to an affordable amount.
Alternatively, you can also hire a licensed bail bondsman to secure your pretrial release on bond. A bail bond is a surety agreement between you, the defendant, the bail bondsman, and the court. In this agreement, you agree and promise to show up for all your scheduled court appearances.
On the other hand, the bail bondsman promises to pay the full predetermined or set bail amount when you fail to make your court appearance.
Bail Reduction Motion After an Arrest
At your initial court appearance, the judge will not only read your charges and inform you of your constitutional rights, but he/she will also determine whether you are an excellent candidate for a release on bail and the amount you should pay. During the bail hearing, your attorney has the opportunity to request a reduced bail amount or a pretrial release without bail.
To request a lower bail amount, your criminal defense attorney can help you file a motion for bail reduction under Penal Code (PC) 1275. Here are the key legal grounds for submitting a motion for a reduced bail amount:
- You are less of a flight risk — Family obligations, job requirements, and strong community ties are some of the factors that can show the court you are likely to make your court appearances
- Offense context — When you are a first-time offender or the alleged offense is non-serious or non-violent, your attorney can use that as a legal ground to request a lower bail amount
- You are not a threat to public safety — Your attorney could argue that you have no history of drug or substance abuse or violence in your community to convince the judge to lower your bail amount
- You are indigent — Being indigent or unemployed could give the court a reason to reduce your bail amount, making it easier for you to bail yourself out of jail
If everything works in your favor, the judge will lower your bail or eliminate it. Having a seasoned criminal defense attorney who is familiar with the local court is key.
Key Timings and Stages When You Can File a Bail Reduction Motion
If the court sets an excessive or high bail amount for your violation, your attorney can assist you in filing a motion requesting a bail reduction hearing. Timing your bail reduction motion correctly is crucial because once the judge denies the reduction request, it is unlikely he/she will reconsider this decision unless there is a change of circumstances.
For this reason, your initial bail reduction motion at the bail hearing is the most crucial, and your attorney will strive to use the opportunity to secure a favorable outcome. If the court denies your bail reduction request at the arraignment stage, you can file another motion at your subsequent court proceedings, including the preliminary and pretrial hearings.
To increase your odds of securing a favorable outcome during your bail reduction hearing after the arraignment, proper timing is crucial. You or your attorney must provide the prosecutor with a 48-hour written notice before the bail reduction hearing. During the bail reduction hearing, your attorney will strive to convince the judge to lower your bail.
Clear proof of your lack of employment and your inability to pay could increase your odds of securing a favorable outcome during this hearing.
Your Attorney’s Role During the Bail Reduction Hearing
Having a skilled criminal defense attorney on your side is vital if you want to petition the court for a reduced bail amount. In addition to convincing the judge you qualify for bail, your attorney can help you draft the bail reduction motion and file it on your behalf. At the bail reduction hearing, you will also rely on your attorney to convince the court to reduce your bail amount by presenting mitigating arguments.
Your attorney also helps you propose lenient bail conditions that you should abide by before your case’s trial date. To ease the judge's concerns about public safety while you are out of jail on bail, your attorney could help negotiate alternative supervision terms, such as:
- Surrendering your passport
- Wearing a GPS tracking device
- Agreeing to house arrest
Finally, you will rely on your attorney as your legal counsel during this hearing and after, especially if you are unsure of what to do and not do while out of jail on bail.
Advantages of Securing Quick Bail Bond Services Following an Arrest
Working with a reliable bail bondsman following an arrest as a suspect in a criminal case has several benefits you cannot overlook during these challenging and confusing moments, such as:
You Will Secure Faster Release From Jail
The main benefit of partnering with a reputable bail bondsman following an arrest is to speed up the jail release process. Due to their experience with local courts, a bail bondsman can understand the procedures to follow during the bail application process, expediting your release.
You Will Receive Professional Guidance
While they have no legal background, experienced bail bondsmen can offer you professional guidance on what to expect during the bail release process, including the paperwork you need.
You Will Save Your Money
Posting the entire bail amount following an arrest can be a financial burden to you and your family, especially when the alleged crime is grave. However, you do not have to go through this alone. A bail bondsman can offer you a more affordable solution. In exchange for the quick bail bond services, the bail bondsman will expect you to pay him/her a non-refundable ten percent of your total bail amount as his/her premium.
Find a Credible Bail Bondsman Near Me
Arrest and detention can be confusing and overwhelming, especially if your violation necessitates posting bail to receive your freedom. If you are in this situation, our bail bondsmen at Alana’s Bail Bonds can offer you a lifeline to secure your pretrial freedom without breaking the bank.
Call our reputable bail bondsmen at 619-468-9333 to schedule your initial obligation-free consultation with us today, wherever you are in California.