A question that is asked repeatedly following serious crimes like murder and homicide is whether the defendant charged with the crime is always in a position to secure bail. If the answer is in the affirmative, exactly how much money is at stake for a murder defendant to walk out of the court? For answers we have to dig deeper into bail bonds and related penal code violations.
Penal code violations and assumptive bail bond demands that you should be aware of
There is no “one rule fits all” approach when a judge decides to allow or refuse bail, especially when the crime involved is of a serious nature such as murder. Crimes like murder and manslaughter are often associated with different levels of penal code violations, creating a situation which is unique to the crime. Generally murder is not a crime that judges allow bail for, and much depends on the specific violations associated with the event, and each situation permits a different category of bail.
In a straightforward case of murder, the judge will usually refuse bail because the crime is in violation of penal code 187 which covers murder with malicious intent. But if there are circumstances attached to the crime that warrant a lenient view, the judge may grant bail with rates climbing upward of $1 million. If the special circumstances surrounding the crime scene include charges such as kidnapping or possession of a murder weapon or drugs, the bail rate would be much higher.
Here are a few prominent examples:
Penal code violation 191.5: Also referred to as Gross Vehicular Manslaughter, this is the killing of a human being while driving under the influence of alcohol, a killing that may be involuntary or without malicious forethought. As a felony this attracts assumptive bail of $50,000.
Penal code violation 192b: This deals with voluntary manslaughter where a life is taken in a moment of passion or under grave provocation which doesn’t amount to murder. As a felony this attracts assumptive bail of $60,000. Involuntary manslaughter under the same penal code fixes assumptive bail at $25,000.
Penal code violation 192c3: This is another aspect of gross vehicular manslaughter where a person is killed through an act of negligence (other than being under the influence) on your part while driving your vehicle. Assumptive bail is fixed at $50,000.
Penal code violation 1922.5: Usually referred to as “Manslaughter with a vessel” this pertains to death or damage to a property caused due to the negligent handling of a vehicle, either through intoxication or by criminal flouting of extant rules. In such cases the assumptive bail is fixed at $50,000.
In many of these instances it will be noticed that when a life is lost involuntarily or voluntarily, and where there is no criminal intent or forethought involved in committing the crime, the judge will be more inclined to granting bail. The situation gets reversed when it comes to murder and when criminal intent or forethought is suspected. In such cases the judge will refuse bail or set the bail bar much higher. It is a point to ponder that in cases where bail is set at $ 1 million, the defendant gets to walk free only after he makes a down payment of at least $100,000 to the bail bondsman. The defendant not only has the burden of raising that kind of cash, but also forfeits the amount spent.
In choosing a bail bond company it is important to favor firms that are richly experienced with high levels of professionalism. You also need to ensure that the firm is trustworthy and reliable and treats all its clients with utmost respect and confidentiality. Realizing that each individual presents a unique case, we go the extra mile to ensure private and personalized service. We have no hesitation in offering solutions that are fine tuned to your financial situation. We have licensed bondsman willing to share complete information and help you chose the best options in your legal battle. For satisfying your immediate legal needs we are accessible through Brea (CA) and our experienced and licensed bondsmen are at your beck and call whenever the need arises.