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Arrests and detentions can be stressful, so you want to regain your freedom quickly. However, before regaining liberty, the judge must determine in a bail proceeding if you are eligible for pretrial release and the sum you should pay. Courts rely on guidance from bail schedules to set bail, although they can depart from the amount provided contingent on the circumstances surrounding your arrest.

Purpose of Bail Schedules in Santa Ana

Bail schedules are documents the County Superior Court promulgated to provide predetermined bail figures suspects must deposit after arrest to regain freedom. The amount provided in the schedule is only determinative if the police rely on the schedule to set bail before the first court appearance. Instead of detaining you until you appear for arraignment, an officer can check the bail schedules in Santa Ana courts to determine your bail if it is your first court appearance

However, if you contest the amount, you must wait for the bail proceeding to present your case. Besides, if you are charged with a serious offense, you must wait for the bail proceeding to learn whether you will obtain a pretrial release and the amount to deposit.

Bail schedules also guide judges in determining a bail amount during a bail hearing. They act as the bail baseline for various offenses, and judges refer to them to determine the amount. Judges do not have to set the bail as provided in the schedule. The law allows them to deviate from the amount by increasing or decreasing the figure but within the law.

Bail Eligibility

Suspects or defendants are entitled to bail. However, under particular circumstances, the court can deny you this right. The factors the judge considers to determine if you qualify for bail are:

Offense’s Nature

When charged with a violent or serious felony, the risk of escaping to avoid the possible punishment for the violation is high. Also, releasing a suspect accused of a serious crime could jeopardize the public's safety. Therefore, the nature of the crime will influence the judge’s decision on whether to grant bail.

Flight Risk

Another fact the judge considers is flight risk. The court must assess your likelihood of escaping town once released to avoid trial. It considers your family ties, community bond, family connection, job stability, and prior court appearance record for a decision. You are less likely to flee to avoid trial if you have a stable job, strong family connections, and community ties.

Other factors include:

  • Financial capacity
  • Criminal record
  • Severity of the charges
  • The issue of public safety

Bail Hearing

After the judge corroborates that you qualify for bail, the next step is to set the amount. If you are arraigned before bail is set or want the court to reduce the bail figure in the bail schedules in Santa Ana, you can request the court for a bail proceeding. At the end of the proceeding, the court can increase or decrease the figure or eliminate bail and grant an own recognizance (OR) release. The bail schedules in Santa Ana Courts provide the framework for bail, but the law lets judges depart from the figure based on the case’s circumstances.

  1. Bail Reduction

If you request the court to lower the bail provided in the bail schedules, the judge must consider:

  • Your economic capacity to pay
  • The charge's severity includes harm sustained by the victims, the threats made to the victims, and the involvement of dangerous weapons or drugs.
  • Your criminal past
  • Chances of returning to court for scheduled proceedings
  • Public safety issue

The court will not grant your request for bail reduction beyond the figure provided in the bail schedules in Santa Ana courts if you are charged with a serious or violent felony unless there is a good cause or exceptional circumstances like:

  • Hundred percent attendance of all previous court hearings
  • Lack of participation in another offense
  • Change in circumstances that can be substantiated by fresh evidence

Change in the situation means adjustments in your circumstances, like new facts that prove your innocence or change the court proceedings. The change in circumstances should not insinuate the judge setting the figure error in the decision.

When you remain in custody after bail determination, you will automatically be eligible for bail evaluation after five days.

If charged with a restraining order violation, violation of domestic statutes, serious felony, or violent felony, you must notify the prosecutor before the bail proceeding of your intent to seek a bail reduction. The notice is necessary so the DA can prepare to challenge your petition.

  1. Bail Increase

The judge has the discretion to increase or decrease bail as provided in the bail schedules in Santa Ana Courts. So, when you seek a reduction, the DA can submit new evidence, like the history of probation or parole violation, to compel the court to increase bail instead of reducing it.

The court has the discretion to adjust bail but must adhere to guidelines and ensure the amount is not excessive beyond legal limits. Just because you cannot afford bail does not mean it is excessive or the judge has acted in violation of their legal discretion. You will remain in jail until you stand trial or find a Santa Ana bail bonds service to finance the release at a premium fee determined by the company.

  1. OR Release

Instead of requiring you to deposit bail, the court can grant you an OR release if you meet the criteria provided by the law. You are eligible for pretrial release without bail if you are not charged with an offense whose punishment is the death penalty unless you are a public safety concern or the release will not reasonably guarantee your future court appearances.

Navigating the Bail Process

Bail can be expensive, especially when you request the court to reduce the amount on the bail schedules in Santa Ana Courts but end up with an increment. Under the circumstances, you will remain behind bars or contact a bail bonds company to provide guidance and make the pretrial release process affordable.

Find a Reliable Bail Bonds Firm Near Me

A common challenge defendants and their families face after arrest is whether they can post bail and how to go about it to obtain an early release. If an arrest has happened in Santa Ana, you can check the bail schedules in Santa Ana Courts to discover the funds you should pay. The schedule also provides a framework for judges to determine bail. Once you learn the amount, you should contact a bail bondsman to finance the release and help you navigate the process. At Future Bail Bonds, we can finance your bail at a small fee for a prompt release. Call us at 714-515-5154 to discuss your case or receive help accessing the bail schedule.