Bail

Bail is a right, and may be denied only in extremely limited circumstances.

Bail cannot be denied unless the prosecution can establish (a) Capital crimes when the facts are evident or the presumption great, (b) Felony offenses involving acts of violence on another person when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others, or (c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. Cal Constitution, Article 1, Section 12.

In order to Deny Bail, the prosecution must establish

  1. Felony offenses involving acts of violence on another person when the facts are evident or the presumption great, and
  2. The court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others, or the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released...
"'Clear and convincing' evidence requires a finding of high probability." In re Angelia P. (1981) 28 Cal.3d 908, 919 [171 Cal.Rptr. 637, 623 P.2d 198].) The evidence must be "'so clear as to leave no substantial doubt', 'sufficiently strong to command the unhesitating assent of every reasonable mind.' (emphasis added) Sheehan v. Sullivan (1899) 126 Cal. 189, 193 [58 P. 543], In re Angelia P., supra, 28 Cal.3d 908, 919.) . "It is met only where the prosecution musters convincing proof that the arrestee. . . presents a demonstrable danger to the community. Under these narrow circumstances, society's interest in crime prevention is at its greatest." U.S. v Salerno (1987) 481 U.S. 739. It must comport with a need to deny bail for only ,the strongest of reasons,. Sellers v U.S. (1968) 89 S Ct 36, 38

"Substantial likelihood" must be determined on a case by case basis and the decision of the court in denying bail is subject to independent review. In re Hochberg (1970) 2 Cal.3d 870, 874, fn. 2, 87 Cal.Rptr. 681.



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