Persons charged with capital crimes when the facts are evident or the presumption of guilt, much excluded the right to bail bond in Vista. However, a person accused of a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption is great. A capital crime is an offense that a statute makes it potentially punishable by death or life imprisonment, even if the prosecutor / government have decided not to seek the death penalty. It is assumed that the risk of release of the accused is too great when he or she is facing death or life imprisonment without possibility of parole.

Bail bond in Vista may be refused in certain cases on a finding of substantial probability of harm to others. When the facts are evident or the presumption of guilt is evidently great, bail bond in Vista may be refused in the following cases: If charges involving acts of violence or serious offenses of sexual assault on another person, if the court finds on clear and convincing evidence that there is a strong likelihood that the release of the accused would result in great bodily harm to others. In a criminal case, if the court finds on clear and convincing evidence that the accused has threatened another with great bodily harm and there is a strong likelihood that the accused would carry out the threat if released. The requirement of findings based on clear and convincing evidence implies that a hearing will be held on the issue. If there exists a significant risk of public harm or danger to the community, it would be determined based on the specific circumstances of the case, the testimony of the witness and a history of the accused. The decision to grant or deny bail bond in Vista is reviewable by a court for a motion by the defendant.

The amount of bail bond in Vista is first and foremost within the scope and the discretion of the judge or magistrate, with only two general limitations: First: The purpose of bail is not to penalize or punish the defendant, but only to ensure the appearance of the accused, and he should be put in that spirit. Second: Excessive bail, not warranted by the circumstances or the evidence at hand. It is not only inappropriate, but a violation of constitutional rights. In fixing the amount of bail bond in Vista, the court shall consider the seriousness of the charge, the defendant\’s criminal record and the probability of the defendant appearing at the trial or hearing.

Furthermore, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, danger to the public and / or the defendant him / herself, threats to victim or witness, the use of a deadly weapon and use or possession of the controlled substances. While setting bail bond in Vista, judge or magistrate, in other than a normal amount must the record and indicate the reasons and address the threats against a victim or witness. The court must also consider evidence offered by the detained person regarding ties to the community and the ability to post bail bond in Vista. The amount of bail fixed by the court must be the minimum amount that would reasonably assure the defendant\’s appearance, not the maximum.

Bail bonds Vista
Bail bondsman basically provides a contract to the court ensuring that the defendant would appear in the court. The guarantee is provided by the defendant’s family members or friends.
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A bail bondsman is the person whose task is to post bail for anyone who has been arrested. Securing the services of a good bail bondsman is not that difficult.
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Author Bio: Bail bonds Vista
Bail bondsman basically provides a contract to the court ensuring that the defendant would appear in the court. The guarantee is provided by the defendant’s family members or friends.
Click here for Bail bonds agent

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