San Diego Criminal Lawyers Blog
After an arrest, anyone could be worried about the possibility of a lengthy jail stay while awaiting trial. It is important for you to make immediate contact with the aggressive and experienced legal team at Boertje & Associates. Our attorneys will fight for pretrial release. Having an attorney who can think on his or her feet, develop a convincing legal strategy, and articulate the points of your defense well is critical going forward.
What is Bail?
After an arrest, the arrestee is allowed to appear before a judge within 24 hours. At that hearing, there is a chance that the judge will give a defendant the opportunity to pay a set amount of money or establish a property or commercial surety bond in exchange for a pledge to appear for scheduled court dates. It is the best way to avoid pretrial confinement. If you are granted bail, your attorney from Boertje & Associates will put you in touch with reputable companies that can assist with bail.
Judge May Consider Multiple Factors
At the hearing, the defense attorney must ensure that all relevant factors are weighed as the court makes a judgment regarding pretrial release. Issues under consideration may include:
- The type of crime being prosecuted;
- The circumstances of the arrest;
- The defendant’s employment status;
- The defendant’s links to the community;
- The defendant’s history of criminal activity;
- Character issues;
- Financial issues;
- Safety concerns;
- Recommendations from opposing counsel and from the defense attorney.
What to Expect at a Bail Hearing
The purpose of the bail hearing is to determine whether it is appropriate to set bail in the case or whether the accused should be released on their own recognizance. Your attorney should have already reviewed the charging documents with you and discussed the plan to address the situation.
At this time, the merits of the case will not be argued, although in some cases an attorney may claim that there was no probable cause for the arrest to begin with. If the judge believes otherwise, several other important decisions will be made as to the progression of the case.
Challenging Probable Cause
If you have been accused of a felony that cannot be heard in District Court, you may choose to have a preliminary hearing, which your attorney must request within just 10 days of your appearance before a commissioner. At the preliminary hearing, State witnesses will be questioned by your attorney to determine what evidence has been collected against you. This will, in all likelihood, be the last chance for a defense attorney to argue that there is no probable cause and that the charges should be dropped. If that does not happen, the case will be moved to the appropriate court. Depending on the situation, the defendant will need to determine, in consultation with the defense lawyer, whether a judge or a jury trial would be best.
Fighting for You
At Boertje & Associates, we recognize just how serious the consequences can be for our clients. That’s why we work tirelessly to ensure the best possible outcomes, starting with your initial contact with the criminal justice system. For a confidential consultation, contact our San Diego office today.