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Santa Cruz Criminal Defense Blog 2015 May Increasing or Decreasing Bail Amount Before Arraignment
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Increasing or Decreasing Bail Amount Before Arraignment

Posted By The McGuire Law Corporation || 4-May-2015

A defendant who is arrested without a warrant for a bailable felony offense or for a misdemeanor offense of violating a domestic violence restraining order may before arraignment and any other judicial determination of bail, apply for release on bail lower than that indicated in the schedule of bail or release on own recognizance. A peace officer may request the judge to set bail at any amount higher than that indicated in the bail schedule if the officer has reasonable cause to believe that the amount of bail set forth in the bail schedule is insufficient to ensure the defendants appearance or to ensure the protection of a victim or family member of a victim of domestic violence. The peace officer must file with the judge a declaration under penalty of perjury setting forth the facts and circumstances in support of his or her belief. The judge who receives a request for a bail increase or reduction may set bail in an amount that he or she deems sufficient to ensure the defendants appearance or to ensure the protectionn of a victim or family member of a victim of domestic violence and on such terms and conditions as he or she determines appropriate or authorize a defendants release on his own recognizance. The defendant may be held without bail for up to eight hours after booking whiie a bail increase is being sought. If no order increasing bail is made within the eight hour period, the defendant is entitled to be released onnposting the amount of bail set forth in the bail scheudle. If the judge dcides to set bail in excess of the bail schedule, he or she should set out the specfiic grounds in support of the decision. Bail deviation procedures do not apply to defendants arrested on warrants. A judge can change the bail amount endorsed on a arrest warrant by writing the revised amount on the face of the warrant.

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The McGuire Law Office
The McGuire Law Office
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