California domestic violence cases are different from other crimes when it comes to bail. With respect to most domestic abuse charges, the law forbids the defendant from being released on his or her own recognizance (commonly called OR) or from receiving a reduction in bail without first having a court hearing. Hiring an experienced criminal defense lawyer from the Kavinoky Law Firm is the first step towards freedom, as the attorney will fight to get his or her client’s bail reduced or, if appropriate, to get a speedy bail hearing and hopefully get it eliminated entirely.

Bail is money that the court requires a defendant to pay in order to assure his or her court appearances and its amount varies depending on the crime involved. A bail schedule sets forth the amount of bail for each type of crime. The judge has the authority to deviate from the schedule, by making it either higher or lower or by eliminating it altogether.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk and the facts of the pending case. The court should not consider whether the offender is a GLTB or a “straight” offender, but due to the homophobic ignorance and apathy that takes place in our society, it may be a silent factor. When the judge is making decisions about bail for any defendant, he or she will presume that the accused is guilty and make a decision keeping that in mind. With that being the case, it would be quite foolish for anyone, regardless of their sexual orientation, to try and take on a bail hearing without first hiring the best lawyer he or she can afford. The attorneys at the Kavinoky Law Firm understand the unique challenges that homosexual or transgender individuals may face within the criminal justice system and will fight to make sure that all of their clients are treated appropriately and fairly.

If the defendant is denied an OR release (which is typical when a defendant faces a D.V. charge) and must post bail, he or she may be released through two different methods: posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the bond is forfeited to the court.

A bail bondsman is usually used since many people do not have the financial resources to post cash bail. A bail bond is a contract with a bail agent where the agent agrees to post bond for the full bail amount. The bondsman charges a fee, which is set by law at ten-percent of the amount of the bond, and may also require “collateral” (a car, house or something else of great value) in order to secure the bond. The bondsman has the right to keep or sell the collateral if the defendant doesn’t repay the bond or skips town. The bondsman’s fee is non-refundable. Assuming the defendant has made all of his or her appearances, once the case is over, the bond is exonerated, and the collateral is released.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. To best avoid these consequences, it is imperative that an individual accused of a same sex intimate partner violence charge hires a skilled attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm that has successfully defended countless domestic abuse cases, contact the gay and lesbian friendly attorneys at the Kavinoky Law Firm today for a free consultation.