Facing criminal charges can be incredibly overwhelming for a number of reasons. However, if you’re unfamiliar with the criminal justice process, this can make matters even more confusing. One of the most important aspects of this process is bail. If you’re unsure what this is, how the monetary amount is calculated, or if you’re eligible, you’ll want to keep reading. The most important thing you can do is connect with an experienced Sacramento criminal defense lawyer as soon as possible to explore your rights during these complicated times.
What Is Bail, and How Is the Amount Determined?
When you are arrested for a crime and held in prison, you must remain there until your arrangement. This is essentially a court hearing in which the judge assigned to your case will review the charges against you and ensure you understand your rights as a criminal defendant. In addition, they will determine a bail amount. Essentially, this is a monetary amount that will serve as collateral for your conditional release from jail. If you meet the conditions of your release from prison, including attending all scheduled court dates, you will receive the money at the end of your case, regardless of the outcome. If you fail to meet the conditions, the courts will retain the funds.
To determine what amount to set bail at, the judge assigned to your case will consider several factors. Generally, some lower-level crimes like DUIs or reckless driving have predetermined bail, but it is always up to the discretion of the judge to determine the amount. However, the judge will consider several factors, like the severity of the charges, the circumstances surrounding the alleged crime, whether or not you are a flight risk, and whether you have a good reputation within your community.
You should also note that under the Eighth Amendment of the United States Constitution, you are protected from excessive bail. However, within this same Amendment, it’s noted that not all defendants have the right to bail. As such, you may be denied conditional release if the circumstances around your crime put the public at risk or you are considered a flight risk.
Am I Eligible for Conditional Release?
It’s important to understand who is eligible for conditional release. As mentioned, the same Amendment that protects you from unfair bail amounts does not grant you the right to bail, so it’s imperative to understand whether or not your circumstances allow for conditional release.
Generally, if you can be denied bail if you are accused of committing a capital crime, violent or sexual felony, or you’ve threatened another person with bodily harm your release would put them at risk. You may also find that if you are a repeat offender and have abused the bail process in the past, you may be denied.
Regardless of the circumstances surrounding your case, working with an experienced criminal defense attorney from the Law Offices of Dale R. Gomes is imperative when you’re facing criminal charges. Whether you have reason to believe the bail amount determined for your case is unfair or you need assistance navigating the legal justice system, our team can help. Connect with us today to learn how we can fight for you during these difficult times.