Understanding Bail in a Criminal Case

Table of Contents

errol_cook,_esq2It is extremely important to understand the factors in deciding bail prior to your court date.  Bail is governed by the Bail Schedule for the respective county in which the crime is alleged to have occurred.  Factors in the setting of bail are controlled by the California Penal Code Section 1275.

Factors in reducing, increasing or denying bail  per Penal Code 1275 are:

1. Public Safety

Public Safety is very important in the setting of bail.  A suspect/defendant who is charged with a murder obviously is a significant risk to public safety if released.  Furthermore, if the murder suspect is also a non-citizen, then bail could be increased.

2. Seriousness of the alleged Offense

Because the crime is presumed to be true for the purpose of bail, the judicial magistrate will consider the seriousness of the offense when deciding bail.  The more serious the offense, the more likely bail will be increased.


There are numerous other factors for increasing and reducing or denying bail.  Contacting an experienced criminal defense lawyer to discuss the issue of bail is critical.


Errol Cook, Esq.


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