When a defendant appears in court on the charged offense, the bail amount
must be set by the Judge. If the defendant has not yet appeared in court
and an arrest warrant has been issued, bail is set in the amount endorsed
on the warrant of arrest. If no arrest warrant has been issued, the bail
amount is set in accordance with the uniform county wide schedule of bail
unless a judge has granted a request for a deviation from the bail schedule.
Requests for setting bail or reduction or increase of bail are made at
arraignment on the complaint, at the conclusion of the preliminary hearing,
on the filing of an informaton or indictment, at arraignment on the information
or indictment and at the conclusion of hearings on motions. Bail motions
may be made orally or in writing. A written motion may contain a memorandum
of points and authorities and a declaration of facts. The Judge may read
and consider police reports and other informatrion reflecting the arrest
of conviction record of a defendant. Hearings on bail motions are informal.
Judges decide bail motions on the basis of a defendant's criminal
record and oral representations from both the prosecutor and the defense
counsel. A judge may require actual testimony, affidavits, declarations.
If a defendant is charged with a serious felony, the victim must be given
notice and a reasonable opportunity to be heard at a bail hearing.
A defendant charged with a capital offesne, a violent felony or a felony
sexual assult who makes application for bail is entitled to a hearing.
The court may not deny a motion for bail lin a capital offesne unless
it finds that the proof of the defendants guilt is evident or the presumption
of guilt great When a defendant is charged with a violent felony or a
felony sexual assualt, the court may deny bail if it finds in addition
to substantial evidence of guilt a substantial likelihood that the defendants
release will result in great bodily injury to another person. The judge
may deny bail to a defendant charged with any felony if it finds substantial
evidence of guilt and clear and convincing evidence that the defendant
has made threats of great bodily injury to another person that he or she
is likely to carry out. If the defendant is arrested for a violent felony,
or a serious felony, the court may not set bail that deviates from the
bail schedule without a noticed hearing.