Bail

What happens after someone gets arrested?

BAIL AGENT X

So you or someone you love just got arrested

Each state and jurisdiction may vary, but typically this is how it goes down…

After someone gets arrested, a suspect will make their first appearance at a preliminary hearing, which typically occurs the next business day following their arrest, not counting weekends and holidays.

At a preliminary hearing, a judge decides if there is probable cause to believe that the defendant committed a crime based on evidence provided by law enforcement or the prosecuting attorney. Probable cause must be determined no later than 48 hours following a person’s arrest.

If a judge finds probable cause, the next step is deciding if the suspect should be held in detention, released on their recognizance, or released with conditions if personal recognizance is not enough to guarantee that a suspect will show up for their next court date.

If the court finds there is a “substantial danger” the accused will commit a violent crime, try to intimidate witnesses, or otherwise interfere with the administration of justice while out on bail, a judge can choose to order the defendant remain in detention. The court can consider the accused’s criminal history, the nature of the charges, the accused’s record of threats to victims or witnesses, the accused’s record of using deadly weapons or firearms and the accused’s history of committing crimes while released pre-trial when making that decision.

 

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Cain Velasquez granted $1 million bail by Santa Clara County judge in attempted murder case

Bail Agent X

A Santa Clara County (Calif.) judge granted the former UFC heavyweight champion bail Tuesday after a pre-trial hearing that stretched nearly 13 hours over the course of two days.

“This incident is extremely serious but appears to be isolated behavior by Mr. Velasquez,” Judge Arthur Bocanegra said. “There is also a viable heat of passion defense.”

Terms of Velasquez’s release include a $1 million bail, GPS monitoring and compliance to an extended set of terms – no weapons, TBI/CTE outpatient treatment, counseling, search and seizure conditions, and a protective order to stay a minimum of 300 yards from alleged victims Harry Goularte, Patricia Goularte, and Paul Bender

“Mr. Velasquez, I would not release you if I was not convinced that upon a release at this time, eight months later, that you would be a danger to Harry Goularte primarily, Patricia Goularte or Paul Bender,” Bocanegra said. “If you are as devoted a husband and father, I’m confident and have to believe you will not jeopardize anything that would take you away from your son, your daughter, your family. I hope you don’t prove me wrong.”

Velasquez replied, “I won’t, your honor.”

District Attorney’s Office prosecutor Aaron French long argued Velasquez’s actions reckless and cited the time of day, the traffic frequency, and the proximity to a charter school. French also indicated he thought there was nothing preventing Velasquez from “finishing the job.”

Velasquez, 40, has been jailed for over eight months while he faces a handful of charges, including attempted murder, for allegedly shooting at a car carrying Goularte, a man accused of molesting Velasquez’s 4-year-old son and striking Goularte’s stepfather in the arm with a bullet.

His defense attorney, Mark Geragos, had previously requested bail three times but was shut down on each attempt. A writ petition submitted to a California appellate court also was denied.

The pre-trial hearing was initially set with the purpose of a judicial review that there was probable cause for the charges to go to trial. Five police officers were called as witnesses Monday by the DA and painted a picture of their perspectives of the alleged incident.

The officers, who had interactions with Velasquez, confirmed his cooperation during the process, including pulling over his vehicle and placing himself on the ground prior to lights and sirens, admission of the possession of a firearm, and his submission into potential insight to his motive. These details apparently resonated with Judge Bocanegra.

While the prosecution largely led the events of the hearing Monday, Velasquez and Geragos were given opportunity to present their own exhibits and motions Tuesday. While Geragos declined to call a witness, he made two motions. One was to dismiss a charge of premeditated attempted murder and one for bail.

The dismissal motion was thrown out, but bail was ultimately approved.

 

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Be a bail X-pert! How Courts Work

Bail Agent Expert

In California, the courts are divided into 2 systems: federal and state. There is also the system of tribal courts, which are part of the Native American reservation system. And there is a system of administrative hearings to help resolve disputes when a local or state government agency takes an action against an individual or business. This section explains the different types of courts in California and gives you an overview of how court cases work.

State Courts in California

California has 2 types of state courts, trial courts (also called “superior courts”) and appellate courts, made up of the Courts of Appeal and the California Supreme Court. The California Constitution also establishes the Judicial Council, which is the governing body of the California courts and is chaired by the California Supreme Court Chief Justice.

Trial Courts

Trial courts are also called “superior courts.” In the trial or superior court, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.

Superior courts handle:

  • All civil cases (family law, probate, juvenile, and other civil cases);
  • All criminal cases (felonies, misdemeanors, and infractions, like traffic tickets);
  • Small claims cases and appeals of small claims cases;
  • Appeals of civil cases involving $25,000 or less; and
  • Appeals of infraction (like traffic) and misdemeanor cases.

 

There are 58 superior courts, 1 in each county. Some counties may have several courthouses in different cities, but they are all part of the same superior court for that county.

Superior court judges are elected by voters of the county on a non-partisan ballot at a general election. (Vacancies are filled by appointment of the Governor.) The term of office for a trial judge in California is 6 years. A superior court judge must have been an attorney admitted to practice law in California or have served as a judge of a court of record in this state for at least 10 years immediately preceding election or appointment. Click to find a particular California trial court judge.

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Elwood Nebraska woman accused of murder plot headed to trial, bail was set at 10% of $500,000.

Bail Bonds

ELWOOD, Neb. (KSNB) – An Elwood woman charged for an alleged murder-for-hire plot is headed to trial court.

39-year-old Valerie Miller is charged with five counts of attempted murder, murder conspiracy, and terroristic threats. On Tuesday Miller waived a probable cause hearing and her case was transferred to Gosper County District Court. Her next hearing is November 14th.

According to the court records, Miller ultimately agreed with the agent and they allegedly made a deal that he would only carry out two murders, on her ex-husband’s girlfriend and the girlfriend’s adult son, for a total of $2,000.

The agent asked for a down payment, to which documents said Miller responded she had no extra money and she would pay them at the end of the week, the investigator states in the affidavit.

Miller then left the parking lot and was pulled over a few minutes later by three NSP-marked vehicles.

 

Miller’s bail was set at 10% of $500,000.

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