Bail Definition Under Law In Contra Costa
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The bail amount is usually determined at the person's first court appearance, commonly referred as the arraignment stage. A judge has the option to either release a person on their own recognizance (OR) with a promise to appear at their next court appearance, or deny a person's OR and set bail.
In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.
While 75k bail is high, it does not necessarily have any relation to the seriousness of the offense.
In 2003, real estate heir Robert Durst was arrested for the murder of his neighbor. His bail was set at an astonishing $3 billion. Durst's wealth, coupled with the severity of the charges and his history of fleeing from the law, contributed to this unprecedented amount.
Determining whether bail is excessive depends on the unique circumstances of each case. Excessive bail in a criminal case violates the Eighth Amendment to the U.S. Constitution. But the Constitution doesn't specify how much is too much. Ultimately, it's a balancing act.
Ing to Penal Code 12022.1 PC, committing a felony while on bail or O.R. release earns you an additional two years in prison on top of whatever sentences you receive for both crimes.
There's no magic number. The amount must reflect the severity of the offense and the defendant's flight risk. Because each situation is so unique, judges receive a lot of leeway in setting bail. Defendants must clear a high hurdle to prove bail was excessive.
Constitutional Amendments – Amendment 8 – “Freedom from excessive bail, fines, and cruel punishments.” Amendment Eight to the Constitution was ratified on December 15, 1791.
Although the Eighth Amendment protects against excessive bail, there is not an absolute right to bail, as noted in The Bail Reform Act, 18 USC Chapter 207. Section 3142 of the Act denies bail to certain defendants pending trial, specifically denying bail to defendants likely to flee or pose a danger to society.
