If a family member or a friend has been arrested and is in being held in custody at the county jail, it is possible that bail will have to be posted before they are released. Posting bail means giving a security, in the form of cash, or sometimes real property, to a court. The court can require bail to ensure that the arrested person (defendant) attends all their court appearances.If the defendant doesn’t show up to all their scheduled court appearances, the court will forfeit the bail and issue a warrant for his or her arrest. Also, if the defendant is arrested again while out on bail there could be additional consequences for new cases while out on bail. If the defendant keeps all their court appearances, at the conclusion of the case the bail will be exonerated.
Typically, a friend or family member may pay a bail bond agency up to a 10% premium in exchange for the bail agent posting the full bail amount. In some situations, the premium can be 8%, for example when a private attorney has been retained or someone is a member of a qualifying union. The fee paid to the bail bond agency is the agency’s fee and is non-refundable. If the defendant does not make their court appearances, you and the bail agency will work together to find them. If the defendant is ultimately not found and does not appear in court, you will be responsible for paying the remaining bail amount to the agency.
When the courts are determining the bail amount, they consider factors such as the seriousness of the crime, public safety, any prior arrests or warrants, and the likelihood of the defendant to skip bail. Although serious misdemeanors and all felonies typically require bail, many counties in the Sacramento region release people who have been arrested for minor misdemeanor offenses without requiring bail. In these instances, a person is released after signing a promise to appear in court at future date.
A person in custody has the opportunity to appear before a judge and seek a decrease in bail or request a release on their own recognizance (“OR”). This is what’s known as a Bail Motion. It is helpful to have a practiced criminal defense attorney guide you through the decision to make a Bail Motion. For example, one risk in making a bail motion is that the bail cost could go up. In some circumstances it may be a good idea to post bail quickly without setting a bail motion.
Once the decision is made to seek a bail motion, a knowledgeable criminal defense lawyer can assist with gathering the information a judge will consider at a bail hearing on the motion. Kaizuka Law has the experience to assist with developing and presenting to the court bail conditions that a person will agree to follow if the court decides to reduce bail. An example of typical bail conditions would be individual with a drug or alcohol problem agreeing enter a rehab program.
Any person facing a criminal investigation and prosecution worries about their constitutional rights. Having an experienced criminal defense attorney at your side to advise you and protect your rights can make a critical difference in how your case resolves. It can be very difficult to know what to do when a police officer wants to interrogate you and investigate your private life. We routinely speak to law enforcement on behalf of our clients and advise you about the pros and cons of answering law enforcement questions. Your Kaizuka Law criminal defense lawyer has the skill and experience necessary to help you protect your constitutional rights.
Getting an experienced and local criminal defense attorney involved early in your case can be a very important decision for a variety of reasons. Law enforcement may not always agree with you on what evidence needs to be preserved in an investigation. It is also possible an officer investigating a case committed a constitutional violation. If a violation occurred your attorney may be able to file a motion to suppress evidence that was gathered in violation of your constitutional rights.
Audio and video recordings created by witnesses or nearby surveillance cameras may be automatically or accidentally erased. Memories of key witnesses can fade over time. This type of evidence can be crucial to winning a motion to suppress and presenting a defense to the charges. Having a skilled criminal defense lawyer who can help gather vital evidence to support your case can mean the difference between conviction and beating the case.
Charges involving domestic violence, assault and battery, and drug possession may also benefit from getting a criminal defense attorney involved early. Often it may be a good idea to hire a private investigator to talk with witnesses. When appropriate, evidence gathered early on can be presented to the district attorney’s office in order to show that charges should not be filed.
Your Kaizuka Law team has experience stepping into a case early in an investigation to preserve and gather evidence. This can involve helping our client’s gather relevant documents and, when necessary, hiring experienced private investigators who can gather witness statements. Because we are based out of Sacramento and have developed our practice in Northern California, we know local investigators and experts who can join in your defense to protect you and the evidence critical to your case.
A critical component of any defense is developing a plan of action. This plan starts with hiring a knowledgeable and local criminal defense lawyer in the Sacramento region to protect your rights and help you preserve crucial evidence. However, sometimes more is needed. We have experience helping clients identify whether or not substance abuse is a critical problem in a case and pointing our clients toward the best resources. Drug or alcohol treatment, when appropriate, can not only save your life and improve its quality, it also has the potential to substantially mitigate the outcome of a case that involves the use of alcohol or drugs. Likewise, identifying and treating mental health conditions can lead to dramatically improved outcomes in court. Your Kaizuka Law team has experience with drug and mental health courts and can discuss with you whether or not these court programs are right for you.
