The 8th Amendment of the US Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. Thanks to that, the overwhelming majority of people who find themselves arrested are eligible to be bailed out of jail. When someone in Santa Clarita is arrested and charged with a crime, the corresponding bail amount is stated in the Los Angeles County bail schedule. If the individual, or someone they know, obtains a Santa Clarita bail bond, or pays the full amount of bail to the court, the defendant is freed. However, sometimes, bail can be denied.
For some crimes, such as those that are particularly violent, bail is not set until the defendant attends a bail hearing before a judge. Bail hearings usually take place a few days after someone is arrested, whether or not bail has been set. At the bail hearing, defendants for whom bail has already been set can have their legal counsel ask the judge to reduce the bail amount, or have it waved all together. For those who have not had their bail set already, the judge will examine the details of the case and decide whether or not to set bail. The details include:
- The charges being brought against the defendant
- The defendant’s prior criminal history (if any)
- The defendant’s prior court attendance (if any)
- The defendant’s risk of flight (skipping bail)
- Whether or not the defendant would pose a serious danger to the community if released
The last item on the list, whether or not the defendant would pose a serious danger to the community if released, is the most important. Regardless of someone’s prior criminal/court record, if the prosecution provides evidence that the public would be in danger should the defendant be granted bail, bail will not be set.
