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“We’ll
help you get out of jail and stay out of jail after
you have been arrested.” – Ken Lewis,
Los Angeles Criminal Defense Attorney
Most people charged
with state or federal crimes in the Los Angeles area
are entitled to bail. The judge sets bail at an amount
that is meant to guarantee that defendants appear
in court after they have been released. Posting bail
is like making a security deposit – as long
as the defendant shows up in court when required,
the bail is returned; if he or she does not, the court
keeps the money. There are a number of ways to post
bail, including: the defendant, his friends or his
family can write a check for the full bail amount;
they can hire a bail bondsman to post a bail bond
by paying a fee and giving him collateral, or, in
a federal case, they can sign a promise to pay the
bail, or if required, put up collateral directly,
such as a house. When bail is posted with the court,
the defendant is released from jail. If the defendant
makes all scheduled court appearances until the case
is over, the bail is returned to whoever posted the
bail. If, however, the defendant does not appear or
flees the jurisdiction, the court keeps the bail and
issues an arrest warrant. Bail is also available during
the appeal process.
The criteria the court
uses in determining whether to allow the defendant’s
release on bail is similar for state, federal and
appellate court cases; however, the processes for
each venue vary considerably. The more experienced
an attorney is in representing clients in these various
courts, the more likely the defendant will get the
best representation and advice during the bail process.
For more than thirty years, attorney Ken Lewis has
successfully defended clients in all California and
Federal Courts. He has argued numerous criminal appeals.
He is well versed in the bail and bond processes in
each of these courts. Contact
the Law Office of Kenneth H. Lewis & Associates
today to schedule an appointment with a skilled Los
Angeles bail attorney.
Can anyone be released on bail?
The decision to release
a person on bail is up to the judge. In a California
criminal case, the judge has a number of options:
release the suspect on his or her own recognizance
(an “OR release” where no bail is posted);
set bail; or decline to set bail, which results in
the suspect remaining in jail until the conclusion
of the case. Some crimes are not bailable in California,
e.g., crimes that are punishable by death. According
to California Penal Code 1275, in setting, reducing,
or denying bail, the judge must take a number of factors
into consideration, including:
- The danger the
defendant poses to the public.
- The seriousness
of the crime.
- The defendant’s
previous criminal record.
- Flight risk.
- Public safety, however,
must be the primary consideration.
How does the judge decide on
the bail amount?
Every county in California
has a bail schedule that criminal court judges can
use in setting bail amounts. For example, the Los
Angeles Superior Court Bail schedule can be accessed
online at: www.lasuperiorcourt.org/bail/pdf/felony.pdf.
The judge can use the bail schedule or can set bail
at a higher or lower level depending on the factors
listed in the previous paragraph, including any recommendations
by law enforcement. Counsel, such as Ken Lewis, can
have a bail hearing set and argue for an OR release,
or a lower bail. It is critical to have an experienced
lawyer argue your case at this point.
How does a bail bond work?
When the bail amount
is more than the accused or his or her family or friends
can afford, a bail bond can be used to bail the defendant
out of jail. In this case, a bail bond company posts
bail with a surety bond. In essence, the bond company
is guarantying that the bond amount will be paid if
the defendant fails to appear. Bail bonds typically
cost 10% of the bail amount and the defendant or the
co-signer must agree to pay the bail amount in full
if the defendant fails to appear in court. Even if
the case is dismissed or the defendant makes all of
his or her court appearances, the 10% fee is not returned.
Some Los Angeles bail bond companies issue bail bonds
for federal crimes and appeals. The non-refundable
fee for a federal bail bond is generally 15% of the
bail amount and the fee for an appeal is generally
20% of the bail amount.
How is federal bail set?
Unlike state cases,
the federal courts do not use a bail schedule. Instead,
the defendant is interviewed by a Pretrial Services
Officer, who investigates the defendant’s criminal
history, employment, family, community ties and financial
background and then makes bail recommendations to
the judge. The United States Attorney will also make
its own recommendations. The judge then makes the
bail determination. If the defendant is considered
a flight risk (e.g., a non-citizen involved in a major
narcotics case) or a danger to the community (e.g.,
a person with an extensive criminal record or a person
who is involved in organized crime or gang activities)
bail will most likely be denied.
What is an appearance bond?
In federal court, an
“appearance bond” is posted for the release
of the defendant as a means to secure his/her appearance
in court. The appearance bond is ordered by the Court.
The bond can be secured or unsecured. Secured bonds
can be entirely or partially secured with a variety
of items, including: cash, property, collateral (titles
to automobiles, stock notes, bonds, etc.) or bail
bonds. If the appearance bond is unsecured, the defendant
and co-signer(s), if any, must agree in writing to
pay the full amount of the bail if the defendant fails
to keep all their court appearances.
How can I stay out of jail
during the appeal of my conviction?
A judge can grant bail
after a conviction (“bond on appeal”),
so long as the conviction is not for an offense punishable
by death. Much like being released by posting bail
in the original criminal proceeding, posting bail
for an appeal allows a defendant to stay out of jail
while the appeal is being decided. In most cases,
the court will weigh various factors in making its
bail determination, including: flight risk, danger
to others, whether the appeal is being filed for the
purpose of delay and whether the appeal is likely
to result in a reversal. If the defendant fails to
appear or fails to surrender if the appeal is denied
the court keeps the bail. Both the trial court and
the court of appeal have the power to grant bail on
appeal.
How Ken Lewis Can Help You
Get Out of Jail
Getting bailed out
of jail can be complicated and expensive. Hiring a
bail bond company to post bail before consulting an
attorney might not be in the defendant’s best
interest. For example, bail amounts can be reduced
and sometimes judges will agree to allow the release
of the defendant without posting bail. When a bond
company is hired, once the defendant is released,
the fee paid is gone for forever, even when a case
is dismissed or an appeal is successful. Additionally,
some bond companies charge lower than average fees;
but they can be hard to find. At the Law Office of
Kenneth H. Lewis & Associates, we having been
helping people stay out of jail on bail for over 30
years. We have an outstanding track record of success
in defending individuals in the California state,
federal and appellate courts.
Call Ken Lewis now
to schedule a NO COST CONSULTATION day or night:
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE: 213-624-4904
E-MAIL: Kenlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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