Bail conditions in California can be modified anytime there is a "change in circumstances" with the case or with the defendant. One such condition is after charges survive a felony preliminary hearing. San Diego criminal defense lawyer David P. Shapiro explains further in this video.
Office Address:
Law Office of David P. Shapiro
3500 5th Avenue
Suite 304
San Diego, CA 92103
619-295-3555
[ Ссылка ]
Hi, my name is David P. Shapiro. I'm the owner and managing partner of the Law Office of David P. Shapiro located in San Diego, California, where my firm helps good people regain control of their future when charged with a crime. In this video, I want to talk to you about situations where bail can be raised or bail conditions can be imposed after a felony preliminary hearing.
First, what's a felony preliminary hearing? Well, a felony preliminary hearing's a step in the process on many felony cases where the district attorney, the prosecutor, needs to put on enough evidence to show pretty much probable cause here. That it's more likely than not that there's evidence here that you committed a felony, a felony was committed and that you committed it.
Now, what happens after that preliminary hearing is, the judge will say, "Okay, I believe there's enough evidence for charges one, two, and three to remain. I'm going to discharge the defendant to dismiss count four." And then, you're left with maybe lesser charges than what you started with. Sometimes, the district attorney can add charges based on the testimony, based on the evidence that comes out at the preliminary hearing. And a lot of times though, you're charged with three, four offenses, evidence goes forward. A judge may make a comment on the evidence or not, but those charges survive a preliminary hearing.
And then, what needs to happen is you then need to be rearraigned. It's sort of a slightly different version of your first court appearance, where you're advised of the charges against you. What was a criminal complaint is now called an information. It looks pretty much exactly the same, except on a top right corner in San Diego County, it says complaint when you start. After a preliminary hearing, it'll say information, and it'll go over the charges. You'll plead not give to the charges. You'll set at least two new court dates, probably three. There'll be a motions hearing and trial setting date. There'll be a readiness conference. You'll have your motions date, motions cut off date, readiness conference date, and a trial date.
And what's also important to consider, which a lot of people don't remember or don't realize or aren't advised of by their attorneys, is that, technically, bail can be revisited after a preliminary hearing. With the law changing as it relates to bail over time, it's become less and less likely that monetary bail or cash bail actually would be increased after a preliminary hearing, unless there's new facts alleged or unless there's more severe or substantive evidence that comes out. But conditions of your release, where you can go, who you could be around, what you can do, from what times you can do it, that's what we're seeing more and more often.
It's important to go into an arraignment on the information after a preliminary hearing and have that conversation with your attorney about, "Hey, what likely or what possible additional sanctions or what additional conditions would be imposed on me moving forward," and be prepared for it so your attorney's not up there fumbling around like, "Oh, I wasn't expecting this." You want to make sure you're prepared for it, as it relates to changes in bail after a felony preliminary hearing.
If you have any questions about bail in general, particularly though as it relates to on a felony case, how your conditions of bail could increase, decrease, be lowered, modified in any way after a preliminary hearing in your case or the case of a loved one, feel free to reach out to my firm. Again, Law Office of David P. Shapiro, located in San Diego, California, where we help good people regain control of their future when charged with a crime. 619-295-3555.
![](https://i.ytimg.com/vi/_coZSdW1ahQ/maxresdefault.jpg)