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Bail is a method to get the defendant home during
the trial proceedings. There is an old saying
that goes "it's much better to fight your
case on the outside (of jail) than on the inside."
A Bail Hearing is not a period of time to argue
the merits of the case. Bail is an amount of money
used by the court to ensure the defendant comes
back to court when required to do so.
The 2 factors the judge considers
before setting bail. Any bail argument by the
defense attorney must address both parts:
| 1. |
Is the defendant
a danger to the community? |
| 2. |
What is the likelihood the
defendant will flee? |
In order to get bail reduced the defense
attorney should do the following:
| 1. |
Demonstrate the
defendant is not a danger to the community
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| 2. |
Demonstrate the defendant
presents no likelihood to flee. The defense
attorney can present this in various ways
and must demonstrate the alleged crime is
not one that the defendant would do again:
- Character references
- Community support
- Stable employment history
- Memberships in religious or civic organizations
- Surrendering the defendant's passport
- Agree to electronic monitoring
- Community ties
- Local employment
- Local family ties
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There exists several bail release
options. These may include:
| 1. |
Surety Bond (most
common): The bail agent guarantees to the
court that they are responsible for the bond
if the defendant fails to appear. |
| 2. |
Release on Own Recognizance
(get out of jail free card): If the judge
is convinced the defendant is not a risk,
he may release the defendant ("O.R."). |
| 3. |
Cash Bail: The defendant is
responsible for paying the entire amount of
bail to be released. The defendant will receive
his bail back at the completion of all court
appearances. |
| 4. |
Property Bond. The court records
a lien on the property of the defendant to
secure the bail amount. |
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To find out more information about these topics, please call us direct at
1-800-7700-DUI. |
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The Law Offices of Jeff Voll
Main Office:
3460 Wilshire Blvd., Suite 1209
Los Angeles , CA 90010 |
Law Office of Garrett T. Ogata
3841 W Charleston Blvd. Suite 205
Las Vegas, NV 89102
email: jeffvoll@yahoo.com |
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