The Bond Motion process in the California Virginia Court System:
Whenever a person is jailed they are first taken to the neighborhood jail where they are reserved in and also taken in front of a Magistrate or ice of the Peace where an informal hearing is conducted and bond is set. In California Virginia this is always conducted by a Virginia Magistrate at the California County Adult Detention. Although the 8th modification offers every California the right to practical bond and also a Magistrate has the power to set the bond at whatever they feel is suitable based upon the rap sheet, along with the information of the criminal activity, there are instances where they are forbidden from doing so. Every California Virginia Magistrate has actually been provided with guidelines for setting bail and within these guidelines are restrictions based upon the severity of the crime.
These are situations where there is whets called a presumption against bail and also regardless of what the information remain in respect to the crime a Magistrate does not have the power to set a bail bonds Orange County. These bonds must be awarded by a Judge in the California General District Court who will conduct the hearings in court room 2G. The prosecution will generally argue that the private stay incarcerated until the court date. The defense guidance’s goal is to resolve 2 major concerns to the court:
- Risk of flight
- Danger to the neighborhood
Threat of trip would generally be resolved by the defense counsel by developing a people ties to the community including their task, family, or other connections they have that would lead an affordable person to believe that they would not leave the location to avoid prosecution. Any type of previous record of failing to show up in court will certainly likely be raised by the prosecution at this time. Danger to the community would certainly be eliminated by citing their previous document such as never ever having been convicted of a terrible criminal offense along with their overall behavior or various other evidence that might persuade the court that there is no reasonable opportunity this person might be a risk to their neighborhood. Often personality witnesses are generated to bear witness the defendants past etiquette. The prosecution will be afforded the chance to go across take a look at any witnesses along with bring any type of proof to the contrary.