There are few things more stressful than finding out someone you care for has been arrested by a member of the Milpitas Police Department. Most people have never been on the receiving end of this type of call before. It is not uncommon to have lots of questions, especially when it comes to the defendant’s bail amount.
The first thing you should keep in mind is that California bail amounts are among the highest in the country. Persons who are charged with domestic violence, for example, often have this set between $25,000 and $50,000 depending on the circumstances surrounding the arrest. You may find yourself wondering why bail is so high and whether these amounts are set at random.
Milpitas Police Department bail amounts are set based on a combination of factors. The first is the crime the defendant has been charged with. When the arrestee is brought to the jail the jailer will cross reference their offense against the Santa Clara County bail schedule. This document is set each year by a panel of Superior Court judges. It lists every crime a person can be charged with along with a corresponding bail amount. Relatively minor offenses, such as being drunk and disorderly, will have much lower amounts than very serious offenses, such as assault with a deadly weapon.
Sometimes family members will ask if they can negotiate this with the jail. In some cases they will drive down to facility and ask to speak with a manager or supervisor. This does little more than waste time. The only person who has the authority to raise or lower bail is a judge.
A second factor that is considered is whether the defendant has ties to the community. Do they live in the area? Do they have family that lives nearby? Are they considered to be a flight risk? For example, a person who is visiting from another country who is charged with a very serious crime will very likely have a much higher bail amount than a local resident who is charged with the same offense.
A final factor that is taken into consideration is whether the defendant is considered to be a risk to public safety. Do they have a long rap sheet? Do they have prior convictions for serious and/or violent offenses. This is also looked at.
For more information on how bail amounts are set for persons arrested by a member of the Milpitas Police Department be sure to contact an expert local bondsman you can trust.