Can I Reduce My Bail?
To ensure a defendant’s appearance in court at a future date, law enforcement may set bail as a condition of releasing that defendant from police custody. Bail is a matter of right except in cases punishable by death, probation or parole violations and in certain public safety offenses. It can be paid in cash, personal check, money order or even a traveler’s check. Bail, however, is not excessive merely because a defendant cannot afford it.
The basic concept behind bail is to allow a person otherwise in custody to be released from custody until a court appearance. If the defendant fails to appear in court as ordered, he or she forfeits the amount bail posted as a guarantee for the appearance, meaning it must be paid to the court clerk.
When the individual does appear in court, a judge may then review the amount of bail set, taking into consideration the individual’s ties to the community, the circumstances of the offense and the person’s history of appearing in court. The judge can then increase or decrease bail.
Bail is first set either according to an amount set forth on a warrant or according to a “bail schedule” that varies by the county, based on the offenses or offenses charged. For example, in Los Angeles and Santa Barbara County, bail for grand theft of an automobile (Penal Code
