Getting someone out of custody after an arrest is almost always the first priority. For most charges, that means posting bail or requesting release on recognizance. Some situations, though, are a bit more complicated than that. For certain charges and in certain circumstances, the court has the authority to deny bail entirely.
When that happens, the defendant stays in custody until the case is resolved. And in San Bernardino Superior Court, that can take months. That's not a small thing. It affects jobs, families, housing, just about everything.
Our firm handles bail hearings, arraignments, and the full range of criminal defense matters across San Bernardino, Fontana, Ontario, Rancho Cucamonga, Rialto, and throughout Southern California. If you're looking for a trusted criminal defense law firm in San Bernardino, the experience behind your representation matters more than most people realize. Knowing how judges in this specific courthouse approach bail arguments changes how those hearings get prepared.
Tammy Higgins spent 16 years as a San Bernardino County public defender before opening her private practice. She has argued bail issues in San Bernardino Superior Court across hundreds of cases and has tried more than 100 jury trials, including homicide cases. That kind of courtroom history, you know, it's not something you just pick up overnight.
How California Bail Law Works
Under California law, bail is not guaranteed in every case. Courts consider two primary factors when making bail decisions: the risk to public safety if the defendant is released and the likelihood that the defendant will appear at future court hearings.
For most charges, the court uses a bail schedule as a starting point. Defense attorneys can argue for a reduction below the scheduled amount or for release on the defendant's own recognizance. Prosecutors can argue for a higher amount or for no bail at all based on public safety concerns.
For capital offenses and certain serious felonies, the court has broader authority to deny bail entirely. The standard is whether any conditions of release can adequately protect public safety and secure the defendant's appearance in court.
Charges That Typically Result in Bail Denial or High Bail
Bail denial is most common in cases involving homicide, attempted murder, certain serious sexual offenses, and kidnapping. Felony domestic violence cases with prior violations of protective orders and cases involving the use of weapons are also frequently subject to high bail or outright denial.
Penal Code 1270.5 provides that certain offenses are not bailable, including murder charged under special circumstances. For other serious felonies, the statute does not mandate denial, but the prosecution will typically argue aggressively for no bail or for an amount the defendant cannot post.
Prior failure to appear on any open case is also a significant factor in how bail hearings go. Judges in San Bernardino Superior Court look at the defendant's full history with the court system, not just the current charge in isolation.
Public Safety Factors the Court Considers
Public safety is the dominant factor in high-stakes bail hearings. The court looks at the nature of the current charge, the facts alleged in the police report, the defendant's prior criminal history, any documented history of violence, and whether a specific alleged victim would be at risk if the defendant is released.
In domestic violence cases, restraining orders are often issued alongside a no-bail or high-bail order. In cases involving firearms, the court considers how the weapon was used and whether the defendant has access to others.
Defense counsel can introduce evidence at a bail hearing that addresses each of these factors directly. Prior employment, community ties, family support, and the specific circumstances of the alleged offense can all be presented to argue for reasonable bail conditions.
Flight Risk Considerations
Flight risk is evaluated through several factors: the defendant's ties to the community, employment history, family relationships, immigration status, and whether they have connections to other jurisdictions that would make it easier to avoid future court dates.
A defendant with strong community ties in San Bernardino County, a stable work history, and no prior failures to appear presents a very different flight risk profile than someone with limited ties to the area. Defense attorneys gather and present this information strategically because the bail hearing is not a formality.
Challenging a Bail Denial or an Unreachable Bail Amount
A bail denial or an unaffordable bail amount is not necessarily final. The defense can request a bail review hearing and present new information or arguments that the court did not hear at arraignment.
In some cases, a writ of habeas corpus can be filed to challenge pre-trial detention. If new evidence emerges that changes the public safety or flight risk analysis, that can form the basis for a renewed bail motion.
We handle these proceedings as part of our broader criminal defense practice in San Bernardino. If someone you know has been denied bail or is being held on an amount that cannot be met, getting an attorney involved promptly matters. We also handle post-conviction relief for clients whose prior records affect how current bail hearings are evaluated, including records cleanup through expungement under PC 1203.4 for eligible past convictions.
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