What is an Own Recognizance Release in California?
In Los Angeles County, understanding your rights and legal options after arrest is crucial, especially regarding bail and release procedures.
At the arraignment, you may be released on your own recognizance, meaning you won't have to post bail. If the court sets bail, our Los Angeles criminal defense attorneys will advise your family on how to post bail to ensure your quick release. Bail serves as a financial guarantee that you will return to court after being released.
Judges use a 'bail schedule' to set bail amounts, but your legal team can help you understand how your criminal history and circumstances influence these decisions, giving you confidence in your case.
Determining Factors
The judge's main factors in deciding bail are whether you might flee and if you are a danger to the community. To assess flight risk, the judge will consider if you have family, children, or property in California that you likely don't want to leave behind.
The judge will carefully examine the details of your crime and circumstances to assess the likelihood of you committing further offenses if released on bail. Essentially, they will consider whether you pose a danger to the public because of your alleged offense.
If the judge sets bail, your criminal defense attorney can work to demonstrate that circumstances have changed, potentially lowering your bail and providing you with support during this process.
Our defense strategy focuses on effectively presenting arguments to lower your bail during the initial court appearance, called the Arraignment. Having provided a basic overview of bail above, let's now take a closer look at the process below.
What Exactly is Bail?
In simple terms, "bail" is the amount of money a court requires you to pay to ensure you appear at your scheduled court dates. Usually, bail is posted through a bail bondsman, who often agrees to post your bail in exchange for up to 10% of the total bail amount.
This 10% fee is non-refundable and covers your release costs. Although the standard fee is 10%, some clients may qualify for an 8% reduction, usually if they already have a criminal defense attorney retained, as required by the bond company.
Alternatively, you can pay the full bail amount in cash. If the bail is exonerated at the conclusion of the case, you will receive a refund of the entire posted amount by check within 8-10 weeks. The 10% fee remains non-refundable.
How Much is Bail in Los Angeles?
As mentioned earlier, the exact bail amount depends on the specific crime you are accused of. Courts refer to bail schedules to determine the bail amount for different offenses. The Superior Court of California, County of Los Angeles, provides the following information.
The bail schedule sets a specific amount that allows a person arrested without a warrant to be released from custody before their court appearance.
Following a defendant's initial appearance, according to California Penal Code section 1269b(b), the judicial officer before whom the defendant appears has the discretion to set bail amount, which may be higher or lower than the schedule amount, in accordance with California Penal Code section 1275.
What is a PC 1275 Hold?
Under California Penal Code Section 1275 (link), the Los Angeles County prosecutor can place you on a "1275 hold." Even if you post bail, you will not be released until this hold is lifted. To lift the hold, a judge must be convinced that the funds used to post your bond are not linked to the criminal activity you were arrested and charged.
This is meant to prevent you from bailing out of jail with money earned through criminal activity. Our criminal lawyers have several ways to remove the 1275 hold.
The most common approach is to show the court that the funds used for bail came from legitimate sources, like your employment. If the prosecutor does not contest this argument, the judge will usually lift the 1275 hold.
Suppose the prosecutor objects to the bail money. In that case, you have the right to a hearing where our attorneys can present evidence and call witnesses to show the money's legitimacy and that it is unrelated to the crime you're accused of.
After the hearing, the judge will decide on our request to lift the 1275 hold. If approved, you can pay bail and be released. If denied, you will stay in custody until your case concludes.
What Happens at the Bail Hearing?
In simple terms, a bail hearing allows you to ask for a lower bail amount or for your bail to be fully waived, leading to your release on your own recognizance (O.R.). The judge usually evaluates whether you pose a risk to the community and the likelihood that you will return to court.
In making these key decisions, they will assess the severity of the charge against you, considering any injuries or threats to the victim or their family, as well as the involvement of weapons or drugs. To evaluate your chance of appearing in court, they will also review whether you have any previous cases where you failed to show up.
Finally, the judge will review your criminal history. The judge has the discretion to increase your bail, especially if there are allegations of probation or parole violations.
If you are in custody and haven't posted bail, you are entitled to a bail review within 5 days of your bail being set by the court. This applies if your offense involves domestic violence, is a violent or serious felony, or breaches a protective order.
What are the Bail Conditions?
In certain borderline situations, our Los Angeles criminal defense attorneys might suggest specific bail conditions to the court to facilitate an O.R. release. These conditions may include:
- You are wearing a GPS tracking device.
- Imposing house arrest with electronic monitoring on you.
- You are wearing a SCRAM device for alcohol monitoring.
- Providing your placement in an inpatient treatment facility.
In O.R. releases, the expertise of our lawyers and their familiarity with the court can be crucial. Additionally, there are numerous other bail conditions we might request the judge to review.
If we succeed in convincing the judge to grant you O.R., you will be released from custody immediately, and save you a significant amount on bail costs. Sometimes, before the judge rules on an O.R. release, they require a recommendation from investigators. These investigators usually verify your community ties and contact your family members and employer.
Why You Need a Criminal Defense Lawyer
If you've been arrested in Los Angeles County, securing bail can be complex and costly. Hiring a bail bond company to post bail prior to consulting a California criminal defense lawyer might not be your best strategy.
For example, bail amounts can often be lowered, and judges might approve your release without posting bail. When you hire a bail bond company and are released, you must pay the fee, even if your case is rejected or dismissed. Our criminal defense law firm has decades of experience helping clients avoid jail through bail or O.R. releases.
At the Hedding Law Firm, our lawyers are dedicated to helping you get released as quickly as possible. We develop effective strategies to present to the court that can reduce bail or secure your release on your own recognizance at your initial court appearance.
