Bail in Domestic Violence cases

California domestic violence cases are different from other crimes when it comes to bail. With respect to most domestic abuse charges, the law forbids the defendant from being released on his or her own recognizance (commonly called OR) without first having a court hearing. At that bail hearing, the judge decides if OR release is appropriate. This is different from other classes of crimes where OR release is possible prior to a court appearance. Hiring an experienced criminal defense lawyer from The Kavinoky Law Firm is the first step towards freedom, as he or she will fight to get the client’s bail reduced or, if appropriate, to get a speedy bail hearing to hopefully get it eliminated entirely.

Bail is money that the court requires the defendant to pay in order to assure his or her court appearances. The amount of bail varies depending on the crime involved. A bail schedule sets forth the amount for bail for each type of crime. Of course, the judge has the authority to deviate from the schedule to make bail either higher or lower.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk and the facts of the pending case. When the judge is making decisions about bail, he or she will presume that the accused is guilty and make a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring the best lawyer he or she can afford.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bondsman is typically the best alternative to obtain pre-trial release, since many people do not have the financial resources to post cash bail. A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally require a “premium” which is his or her fee, and is set by law at 10% of the amount of the bond. The bondsman may also require “collateral” (which is usually a car, house or something else of great value) in order to secure the bond. That means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. The bondsman’s premium is non-refundable and is paid to the bond company for taking the risk that the defendant may not appear in court. Once the case is over, the bond is exonerated, and the collateral is then released. A bail bond is good for one year. If the court case goes beyond one year, an additional premium may be required to keep the bond in force.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm who has successfully defended countless domestic abuse cases, contact the attorneys at The Kavinoky Law Firm for a free consultation.