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Bail must be set no higher than is reasonably necessary to ensure the defendant's appearance at future court proceedings. It is not intended as a means to prematurely punish those who have not been convicted of a crime. Notwithstanding, when determining the appropriate bail, the Court must assume that the facts alleged by the prosecutor, i.e. in the police report, are true.
Still, any person who has been arrested for or charged with a non-capital offense is entitled to be released on his or her own recognizance unless the court makes a finding on the record in accordance with California Penal Code § 1275 that an "own recognizance" (O.R.) release will compromise public safety, or will not reasonably assure the appearance of the defendant as required. If such a finding is made, the court must set bail.
Oftentimes, a skilled criminal attorney can secure the pretrial release of an arrested defendant on their own recognizance or promise to appear. In such cases, even where bail has been set by the arresting agency, the defendant is immediately released with no outlay of money and there is no need for any bail bond. Other times, a motion for reduction of bail or O.R. release can be made in court at arraignment, shortly after the arrest, or at other times during the pendency of the case, as appropriate.
Making the motion for a bail reduction or O.R. release serves both to secure the pretrial release of the defendant and to humanize them, which can be an effective part of their overall defense strategy. Orange County Bail Attorney Jacqueline Goodman can assist you in requesting and making bail, no matter what charges you are currently facing. It is will be her job as your defense attorney to convince the court that you have earned a fair bail amount and that you are not a risk to anyone or the integrity of the case.
The two factors are at the heart of every bail review are:
Generally, the prosecutor need not be given any notice or opportunity to participate in a decision to grant an O.R. release. The exception to this rule is that before any person who is charged with certain specified felonies may be released on his own recognizance, the prosecutor must be given a two-court day notice and a hearing must be held in open court, at which the prosecutor is allowed to participate. Even in the most serious cases, however, there is no need to comply with the two-day notice requirement if the O.R. release motion is made at the defendant's arraignment because it is reasoned that the prosecutor would already be prepared to address the issue.
Are you feeling stuck in jail after being arrested in Orange County or Fullerton? Call the Law Offices of Jacqueline Goodman at (714) 733-1737 as soon as you can. With the legal guidance of Attorney Jacqueline Goodman, you can argue for a lowered bail amount or for any bail amount at all if the Court was thinking of denying you bail.
Misdemeanor on completion of community service - Felony 2nd DUI, under 21 with injury.
Los Angeles Arrest Pre-filing representation on Attempted murder of police officer, assault with a deadly weapon upon a police officer.
Strike felonies including assault with a deadly weapon - car with great bodily injury.
Car accident, no license, speeding (filed by Anaheim City Attorney).
Penal Code 273a(b) Child endangerment/cruelty.
Child molestation: Felony.
Commercial burglary probation violation: dismissed, no violation found.
Contempt of court order by a gang member.
CSA case dismissed.