Bail and Murder

Posted on: September 10, 2008 at 9:35 a.m.

The primary suspect in a murder this July which shocked the city of Los Angeles is being held without bail in a separate matter. James Fayed of Moorpark is charged with operating an unlicensed money-transmitting business, but a Los Angeles federal judge refused to review his no-bail status in the case, saying he was concerned that Fayed eventually might be charged with his wife's murder. A federal judge has refused to consider bail for the estranged husband of a woman who was stabbed to death in a parking garage in upscale Century City.

Prosecutors say Fayed's credit card was used to rent an apparent getaway a car seen after the slaying of his wife, Pamela, in July. They call Fayed the "primary suspect."

Fayed's attorney says the card belonged to Fayed's business and others had access to it. Werksman also says it's unfair to keep Fayed locked up on the chance of a murder charge.

It can often be difficult for a Los Angeles criminal attorney to obtain bail for his/her client in a murder trial. If the crime is particularly gruesome or high profile, or if the defendant has the ability to flee the state/country easily, then bail will be that much more difficult to procure.

For high-profile cases, such as the murder trial of Phil Spector, defendants will have bail set at an extremely high dollar amount. In the case of Spector, it was set at $1 million.

For many states the regulations on the bail industry are found in multiple state codes. In the case of California, the regulatory body is the Insurance Department, but the bail industry is also subject to California's Penal Code. There are two ways to post bail. First, "cash" bail may be posted with the custodial agency to cover the entire amount of the bail. At the end of the case, if bail is exonerated, the defendant will receive a check for the entire amount posted (takes about 8-10 weeks). Second, a "bond" through a bail company may be posted. A defendant pays about 10% of the entire amount to a bail company, which puts up the entire bail amount through a bond. If bail is exonerated, the 10% is not returned to the defendant because this is the fee he paid to the bail company to post bail on his behalf (like an insurance premium). Although the standard bail fee is 10%, there are certain circumstances where clients can qualify for an 8% premium. The bond company requires that the attorney has already been retained before qualifying the individual for a reduction.

Tagged as: bail and release, jury trial defense

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