What A Judge Must Consider When Setting Bail

Criminal Defense Lawyer in Orange County

Every county in California has a “bail schedule” for all bailable felony and misdemeanor offenses. The schedule lists the bail amount for the particular offense, including all drug offenses such as drug possession, drug sales and selling, transporting or giving away drugs. If the defendant, the defendant’s Orange County drug defense attorneys or, more commonly, a bail agent posts that amount, the defendant will be released pending the outcome of the case. At the arraignment, a defendant’s attorney can request the judge to reduce the bail and the DA can request that the judge raise the bail. Penal Code Section 1275 sets forth the factors that a judge MUST consider when deciding such a motion.

Primarily, the judge must consider public safety. Does the defendant pose a danger to the public if released? It is up to the defendant’s Orange County drug defense lawyer to convince the judge that they do not pose a danger. The judge must also consider the seriousness of the offense charged, any previous criminal record of the defendant, and the probability that the defendant will make court appearances if released. For example, a defendant facing drug charges of  possession with intent to sell with dual citizenship and no family or job in this country would be seen as a high flight risk and bail could be increased because of this.

With regard to the seriousness of the crime, Section 1275 specifically states that this means considering any injury to the victim, (often a consideration in domestic violence cases), any alleged threats to the victim or to a witness, and the alleged use or possession of controlled substances by the defendant. In considering bail for many drug offenses, Section 1275 directs the judge to consider the alleged amounts of the controlled substances involved, be it heroin, methamphetamine or any other controlled substance.

Section 1275 prohibits a judge from reducing the bail below the bail schedule amount for strike crimes. (serious or violent felonies) This usually does not apply to drug cases unless there are other serious charges along with the drug charges.

If you are facing criminal charges in the Orange County court and would like to talk to an experienced criminal defense attorney in Orange County, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Orange County drug defense lawyers