If you’re denied bail in California, it doesn’t mean you’re out of options. While being denied bail can feel like a serious setback, there are things you can do that may help you in challenging the decision and potentially securing your release while you’re awaiting trial.
In California, bail is intended to help ensure that a person charged with a crime returns to court after they have been released pending charges. However, a judge may deny bail for a variety of reasons, including the seriousness of the offense that a defendant has allegedly committed, the defendant’s criminal history and/or concerns about flight risk or public safety. In some cases—especially those involving capital crimes or violent felonies with certain aggravating factors—a court may decide that no bail amount is sufficient to guarantee the safety of others or reasonably ensure the defendant’s return.
What happens next if you’re denied bail?
If a judge has denied you bail, a skilled defense team can file a motion for a bail review hearing. This hearing will give you a chance to challenge the original decision and present new evidence or arguments that may persuade the judge to reconsider. For example, your lawyer may present evidence of strong ties to the community, employment, family responsibilities and/or a lack of prior failures to appear in court. Judges are more likely to grant bail when they believe that a defendant will return to court and is not a danger to the public.
Another option your attorney may pursue is a writ of habeas corpus. This legal tool challenges the legality of a defendant’s detention. If successful, the court may order a new bail hearing or even release you under specific conditions. Habeas corpus petitions are more complex and typically used when other options have failed, but they can be effective in certain cases where the denial of bail is believed to be unconstitutional or unjust.
In some counties in California, pretrial release programs may also be available. These programs allow for supervised release without the need to post bail, especially for individuals charged with non-violent offenses who are considered low-risk. Your lawyer can advocate for your placement in such a program, if appropriate, which might include conditions like electronic monitoring, regular check-ins and/or substance abuse treatment.
Ultimately, if you’re denied bail, it’s a good idea to explore all of your opportunities for relief as soon as you can. That way, you can minimize your time behind bars if at all possible.
