How Are Santa Ana Bail Bond Amounts Determined?
When someone is arrested in Santa Ana by either the Sheriff's Department or the Police Department, the bail amount will be set using Orange County's Bail Schedule. The bail schedule is set on an annual basis by a panel of judges. Basically, the police officers simply consult the schedule which lists all types of crimes and applies that for the arrested individual.
Bail is set so that the defendant can get out of jail before their trial or hearing and continue to go to work or school and continue with their daily life. Bail is a guarantee to the court that the defendant will show up to their scheduled court hearings.
There are many factors taken into consideration that help the judge determine whether or not the defendant can receive a bail, and if they are eligible, there are other factors for how much it will be.
Factors the Judge Must Consider When Setting Bail
The first and foremost factor in determining bail is public safety, followed by the likelihood of the defendant to return to court. These are relatively simple and more information is presented below.
Although bail is generally set using the Orange County Bail Schedule, there may be a need for a bail hearing for the most severe crimes, when the legality of the source of the bail money is in question (called a 1275 Hearing), or when the bail is significantly high in the bail schedule and the defendant or attorney requests a review.
To begin the process, the judges will must first examine how severe the crime is that had allegedly been committed. Some crimes are not eligible for bail at all, or a bail may be set at an insurmountable amount. If the crime isn’t as severe, he will grant the defendant bail, still at a high setting, but at a more reasonable price. The bail amounts are set high in order to ensure the defendant will show up to their court dates in the future.
After that consideration, the judge will next examine the defendants past criminal record, if any. If the defendant has no history of previously reported crimes, this may help in determining their bail setting. Similarly, if the defendant does have a past criminal history, this will also be taken into account for setting the bail. Sometimes, the judge may be inclined to set a very high bail amount if he or she finds a repetition of criminal acts in the defendant’s past.
The final factor in determining the bail setting is the defendant’s risk of flight. If risk of flight is determined to be probable, this means the judge believes the defendant will not show up to his or her future court dates and most likely there will be no bail granted. However, if the judge feels the defendant is not a risk, he or she will be granted bail. When the defendant pays his or her bail, or uses a bail bond, and if they happen to skip their court proceedings, all monies will be forfeited to the court. This will also include collateral if it was used to secure the bail bond.
Typically, if the defendant has not been arrested or accused of a violent crime, they will not be determined as a flight risk, but it really comes down to the judge’s decision and opinion. Also, if the defendant isn’t accused of a violent crime, they may be released on their own recognizance without any type of bail at all.
To get more information about Santa Ana bail bonds, please contact Tonya Page Bail Bonds: 1-877-861-3761 (1-877-861-3761).