Crime Victims Now Have Constitutional Rights

Setting Bail and Victim’s Safety With a Victims Rights Attorney

November 14, 2013

Setting Bail and Victim's Safety With a Victims Rights AttorneyCalifornia law provides certain protections to victims of crimes. One of these protections that a victims rights attorney can assist you is ensuring that bail is set at a high enough amount to protect the crime victim.

Marsy’s Law and Help From a Victims Rights Attorney

Marsy’s Law is also known as the victim’s bill of rights. The law is focused on ensuring that victims of crimes are not victimized again, such as through the criminal justice process. Prior to Marsy’s Law, a victims rights attorney can tell you there was no guarantee that a judge would consider a victim’s wishes or desires when setting bail. Instead, a judge may set bail at too low of an amount, thereby allowing the suspect to be released and cause harm to the victim again.

However, after Marsy’s Law was passed, a judge must now offer the victim an opportunity to weigh in and explain his or her desires regarding bail. For example, if the victim suffered a particularly heinous crime and is afraid of the suspect, the victim may show facts and argue the case for a higher bail amount. Fortunately, a victim does not have to make these arguments himself before a judge or the perpetrator of the attack. Instead, a victims rights lawyer can represent your case.

Arguing for a Specific Bail With a Victims Rights Attorney

The factors that a judge will use to set bail are numerous and depend upon the circumstances of the alleged crime. Some arguments that a victims rights attorney may use to seek a higher bail amount include:

  • Defendant is a repeat offender
  • Nature of the crime and level of violence committed
  • Threats made by the suspect or associates to the victim
  • Relationship between the suspect and victim

Contact a Victims Rights Attorney

If you are the victim of a crime and you want assistance during the bail process, contact a victims rights lawyer. An experienced attorney can help argue the case for why the defendant poses a danger and advocate for a higher bail amount. Arguing for your rights as a crime victim can be complicated and stressful. To help you through this trying time, contact victims rights lawyer Michael L. Fell at (949) 585-9055.