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

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. 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 and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

  2. 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.

  3. 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

  4. 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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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