Posted On: July 29, 2010 by Shouse Law Group

Why It Might be a Good Idea to Request a California Bail Hearing

First time “typical” misdemeanor California DUIs generally don’t trigger bail. If you are arrested for this type of DUI, you will most likely be released from jail on citation or on your own recognizance as soon as you sober up enough to drive.

However, if the case is aggravated…if, for example, you are involved in an accident…you will generally be required to post bail in order to be released from jail. The amount of bail is predetermined by a local bail schedule, each county having its own.

But let’s say that you weren’t responsible for the accident. Why then should you be penalized for something that wasn’t your fault? You shouldn’t. In cases like this…or for that matter, in most cases…you might want to request a California bail hearing.

A California bail hearing gives you the opportunity to ask the judge to lower your bail or to release you on your own recognizance (which means based simply on your promise to return). Most California bail hearings take place at the arraignment and are informal in nature…you or your attorney simply tells the court why you should benefit from a reduced bail (or from having no bail).