Bail in California domestic violence cases is set differently than in nearly all other criminal offenses. If a person faces a domestic violence charge, he or she will not be released on recognizance without a prior hearing. During the initial bail hearing, the judge will decide if such a release, commonly called OR, is suitable. With other charges, the defendant may be released on recognizance prior to any hearing. Regardless of the nature of the charges, hiring an experienced criminal defense lawyer from the Kavinoky Law Firm will ensure that the defendant’s rights are adequately protected and that the bail posting remains at a minimum. In addition, the lawyer will fight to get the fastest bail hearing possible.

The term bail refers to money that the defendant must pay the court to guarantee that he or she will be present for future court appearances. Bail amounts vary from crime to crime. The court uses a bail schedule that lists various violations and the corresponding bail amount, but the judge does have the power to stray from the schedule depending on the circumstances of the case and the defendant’s background. The judge will consider many factors such as the severity of the offense, the defendant’s criminal record, and the defendant’s relationship with the community, including employment and property ownership. Because there are so many extenuating circumstances, it is wise for the accused to have an experienced lawyer present that understands this procedure and can make strategic decisions to help the defendant.

Because domestic violence defendants are rarely given an OR release, they must be released either by posting a cash bail or a bail bond. A cash bail posting consists of the defendant presenting cash or certified funds in the full amount of the bail with the clerk of the court or arresting agency. As long as the defendant attends every court appearance, he or she will have the cash returned within 60-90 days after the case is resolved. If the defendant does not appear in court, the cash is forfeited to the court.

Many people don’t have the financial resources to post cash bail so a bail bondsman is used. The bail agent agrees to post bond for the full bail amount after the defendant pays a premium that is a non-refundable fee for the bondsman’s services, and a percentage of the amount of the bond (ten percent by law). To enter into this bail bond contract, the defendant may have to offer collateral such as a car or house as security for the bond. Therefore, if the defendant does not repay the money owed, the bondsman can legally keep or sell that collateral. When the case is over, the bond is exonerated and the collateral released back to the defendant. Bail bonds are good for one year and if the case lasts longer than this time period, the defendant may have to pay an additional premium to keep the bond in force.

California domestic violence charges are very serious and anyone accused of such charges must have a skilled attorney to avoid life-changing legal consequences. Aside from the social stigmas of an arrest, the accused faces severe penalties, both financially and in terms of potential jail time. Knowledge of the complex criminal court system as well as the ability to launch an aggressive defense is vital. Fortunately, the attorneys at the Kavinoky Law Firm have a great deal of experience in domestic violence cases and how to successfully defend the charges.