Immigration And Criminal Defense Lawyers

What conditions are placed on release pending a criminal trial?

On Behalf of | Feb 15, 2022 | Criminal Defense |

Many people who are facing criminal charges want to get out of jail while the case is moving through the criminal justice system. The conditions of this release from jail can vary based on the charge the person is facing and many other factors, such as their criminal history.

In California, the cash bail system has come under attack. Approximately 56% of the state’s voters said that they’re against the elimination of the cash bail system. The issue with this system is that some people are left to sit in jail simply because they can’t afford to pay the required amount for bail.

What if you can’t afford bail?

The court requires bail for a defendant to help ensure that they come back for their hearings. The person can pay the bail in cash or they can work with a bail bondsman. A ruling by the California Supreme Court in 2021 said that keeping someone in jail just because they can’t afford bail is unconstitutional.

The court listed several alternatives that might be appropriate in some cases in which the person can’t afford the bail. These include things like electronic monitoring, community housing, appointments with a pretrial case manager or getting substance abuse disorder treatment.

Anyone who’s being released from jail pending their court hearings should know the terms of their release. Violating those terms could mean that you will have to remain in jail until your case is resolved.

If you’re facing criminal charges, you should learn about the defense options you have. These vary depending on the charge and circumstances. Learning what factors will apply to your case can help you to make informed decisions.