Under California law, how many times can an attorney ask for bail reduce.

Asked about 1 year ago - Ontario, CA

prior strike, 15 years ago. now being charged with assault with a deadly weapon and crimit a crime charge. have pre-hearing can the attorney ask the judge to reduce the bail some more???

Attorney answers (4)

  1. Greg Thomas Hill

    Contributor Level 20

    7

    Lawyers agree

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    Answered . The attorney can ask for it under Penal Code section 1275 as many times as he wants, however, he needs to maintain his credibility with the judge and DA. Each time he asks for reconsideration of bail, there should be new facts or even new law for the judge to consider.

  2. Michael Moshe Levin

    Contributor Level 15

    4

    Lawyers agree

    Answered . No particular limit. Bail REVIEW (up or down) can be requested by either side any time there is a change of legal circumstances on two days notice to the other side.

    The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction... more
  3. Greg Hagopian

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . A defendant is owed a bail hearing at the beginning of the case, and they may make a motion for reconsideration of this initial ruling if there is a change in circumstances. Examples of changes in circumstances include charges being dropped or changed, the sudden illness of a family member, or delays in the case that ate not the fault if the defendant. A claim of innocence is NOT grounds for a bail reduction. A more complete discussion of bail can be found on my website

    www.hagopuanlawoffice.com

  4. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Mr. Hill's response in this regard is spot on. You can revisit the matter any time there is a change in circumstances (so can the DA), though you can't just keep going back and asking again and again if nothing is different.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more

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