Ed. Note: The following is a KHTS Feature story based on a recent interview with All American Bail Bonds.

If you or a loved one are suspected of a crime, there are several steps that need to be taken according to criminal law process before the person can be sentenced to jail or issued a criminal record.

First, law enforcement officials must have probable cause that the person committed a criminal offense before they can issue a warrant for an arrest, according to the Bail Resource Center & Academy.

“Arrests are made based on what’s called probable cause, or reasonable grounds,” said Inessa Chavez of All American Bail Bonds in Santa Clarita. “This is a term outlined by the Fourth Amendment of the United States Constitution.”

After the arrest is made, law enforcement officials provide reports and evidence to the prosecuting attorney, who decides whether or not charges should be filed. If the decision is made to file charges, the prosecuting attorney then files a complaint with the court that defines the criminal allegations against the defendant.

The defendant’s first court appearance is called an arraignment, where they are formally informed of the charges and their constitutional rights. Bail is often also set during the arraignment to help ensure the defendant will appear at future court dates if released from custody.

“A judge will determine the bail amount by determining if the defendant is a flight risk or potentially dangerous to the community,” Chavez said. “Sometimes a defendant is released on their own recognizance– without any financial security –or bail can be denied in some cases.”

Related: Bail Bonds in Santa Clarita: Who Makes Up The Criminal Justice System?

Many defendants use bail bonding companies like All American Bail Bonds in Santa Clarita to post the money needed for bail. Bail bonds services allow the defendant to pay only a percentage of the required bond to the bond company, who pays the full amount to the court.

Following the arraignment, a preliminary hearing is held so the judge can review probable cause and determine if there is sufficient evidence to support the charges. Additional charges can also be added or the bail amount adjusted by the judge.

The defendant will enter a plea, such as “not guilty” or “no contest,” at an arraignment in Superior Court before a pre-trial conference is held by the defense attorney and prosecuting attorney.

At this conference, the prosecution may offer a deal or plea-bargain, or the prosecuting attorney may reduce the charges based on information presented by the defense that could prove the defendant’s innocence.

Related: Bail Agents At All American Bail Bonds Discuss Courtroom Etiquette

At this point, a trial will take place to give 12 impartial jurors the information they need to decide if the prosecution has met its burden of proving guilt beyond a reasonable doubt.

If the defendant is found not guilty, they are free to go and cannot be prosecuted for the same offenses. However, if the defendant is found guilty they must be sentenced by the judge during a court hearing, where they will have the opportunity to state why they should receive the lowest possible penalty.

A defendant may file an appeal with an appellate level court based on the argument that the trial court made legal errors or the defendant was denied due process of law or a fair trial.

Article Source: “California 20-Hour Bail/Recovery Pre-Licensing Education, Volume 1” by the Bail Resource Center & Career Academy

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If your loved one is in custody and they wish to talk to an All American Bail Bonds representative, call:

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