Matthew J. Ruff Taxation Law Blog on Lawyers.com

In the state of California, as is the case in many other jurisdictions, a defendant who is charged with a noncapital criminal offense, such as tax evasion and the like, may be admitted to bail before conviction under law and as a matter of right. However, one Attorney explains that the California Constitution curtails this right under the following circumstances:

1). If the defendant is charged with a violent felony or a felony sexual assault offense when the facts are evident or the presumption great and the court finds, based on clear and convincing evidence, that there is a substantial likelihood the person’s release would result in great bodily harm to others; or

2). If the defendant is charged with any felony 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 injury and that there is a substantial likelihood that the defendant will carry out the threat if released.

According to a top Long Beach Criminal Attorney in the field, the phrase “when the facts are evident or the presumption great” has been defined as follows: “It is not necessary that the evidence should be so convincing as to justify a verdict against the accused, but it is sufficient if it points to him and induces the belief that he may have committed the offense charged.” In re Page (1927) 82 CA 576, 578. In determining whether there is a “substantial likelihood” that the defendant will cause great bodily injury to another if released, the magistrate or judge must review the specific circumstances on a case-by-case basis. Much discretion is vested in the hands of the Judge hearing the case.

Penal Code §292 designates certain sex offenses as felony offenses involving acts of violence and great bodily harm for the purpose of determining defendant’s right to release on bail under Cal Const art I, §12 and various statutes and laws. These crimes relate to violent offenses where the accused is deemed a threat to public safety.

Bail allows a defendant in a criminal case to be released from actual custody on the posting of a bond, cash deposit, or other security deemed necessary to guarantee the defendant’s appearance in court. One Torrance Criminal Lawyer points out that the word “bail” as used in the statutes has several different meanings. It may refer to the security posted for the defendant’s appearance, to the surety or bondsperson who posts the security, or to the process of releasing the defendant.  When bail is in the form of an undertaking or tax, it is usually referred to as a bail or surety bond. When it is in the form of a deposit of money, the term “cash bail” is used.