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It can be challenging and confusing trying to negotiate and navigate the legal system. If you or somebody you love is facing a felony charge, it’s natural to have questions about posting bail. As felony charges are more serious than misdemeanors, it may be more difficult to secure bail, but can you post bond on a felony charge?
In this informative guide, we’ll answer this question and provide advice for those who may be looking to bond someone who has been charged with a felony out.
Can you post bail on a felony charge?
If you, or somebody you know, has been charged with a felony, one of the first questions you might ask is, ‘Is it possible to post bond on a felony charge?’ The short, basic answer to this question is yes. In most cases, you can post bail on a felony charge. However, it is important to note that there are exceptions and to understand the potential difficulties linked to posting a bond on a felony charge compared with a misdemeanor.
A judge will consider a range of factors when deciding whether or not to grant bail on a felony charge. In rare cases, the request for bail will be rejected.
How much does posting bail cost on a felony charge?
In the US, people who have been charged have the right to be free until they attend a trial. This means that most individuals will be able to post bail even if they are on a felony charge. To secure bail, the individual will pay a fee. The fee varies hugely and it depends on several key factors, including:
- The severity and nature of the crime
- The perceived flight risk
- The individual’s history and criminal record
- Perceived risk to the public
- The severity of the punishment if the individual is found guilty
The bail fee for a felony charge in California is likely to be significantly higher than a bond for a misdemeanor. The price will rise in cases where the crime is severe, there is a high risk of the individual fleeing before trial and the accused has a criminal record. The bail fee may also be higher than average if a judge suspects that there is a high risk to the public, or the punishment is likely to be severe if the individual is found guilty at trial.
As well as setting a very high bail fee, a judge can also decide to turn down a bail request.
Factors that affect the ability to post bond on a felony charge
The majority of people who are on a felony charge will be able to post bail, but there are instances when a judge may increase the fee or reject a bail request. Factors that influence decision-making include:
- The severity of the offense: bail fees are likely to be higher when an individual has been accused of a severe offense, especially in cases of violent crime.
- Risk to public safety: a judge may increase the bail fee or reject a request altogether if the individual is deemed to be a significant danger to the public.
- Community links: bail may be approved or the fee reduced if the individual is an integral part of the community, for example, they have a family or a full-time job. This is because there is a lower flight risk.
- Flight risk: high flight risk, which means that there is a good chance that the individual will try to leave the state or country before the trial, usually carries a higher bail fee.
- Type of punishment: the expected penalty can impact the bail fee and elevate the risk of a request being turned down. If the individual could receive a life sentence, for example, the risk of them fleeing may increase.
- Financial situation: an individual’s financial situation may be taken into account when setting the bail fee.
What are the options when posting bail on a felony charge?
There are two main options when posting bail on a felony charge. The individual or somebody close to them can pay the fee in cash or secure a bail bond.
Most people will not have access to the required amount of cash to post bail on a felony charge. If this is the case, it is still possible to pay the fee by using bail bonds. Bail bond agents post bail on behalf of the individual in exchange for a non-refundable payment.
If you choose to take out a bail bond for yourself or a loved one, the process will unfold as follows:
- The court will set the bail fee
- The individual or a friend or relative will contact the bail bond company
- The bail bond agent will pay the fee once the individual (or a cosigner) has signed a contract, which states that they will appear at the trial on the date specified by the courts.
- Once the payment has been made by the bail bond agent, the individual will be free to leave prison or a detention or custody facility
- If the defendant attends the required court sessions and the case is resolved, the bail fee will be returned to the bail bond agency. If the individual fails to comply with the terms of the contract, they (or the cosigner) will be liable to pay the full bail fee.
In California, it’s common for a bail hearing to take place within a short period after the accused is arrested. The judge will evaluate the case, listen to arguments proposed by the defense and prosecution and then set a bail fee.
Collateral for bail bonds
A bail bond agency may request collateral to approve a bail bond payment. Collateral is a term used to describe assets that provide protection for the bail bond company. Examples include:
- High-value jewelry
- Real estate
- A car
- Investment assets
- Cash
If the terms of the agreement are broken, the agency has the right to recoup the debt.
Conclusion
It is possible to post bond on a felony charge in California. In most cases, individuals will be able to post bail by paying a cash fee or securing a bail bond. It is important to note that bail fees are likely to be higher for felony charges due to the severity of the crime. A judge also has the right to reject a claim. This may be the case if they feel that there is a significant risk to public safety, for example.
If you need advice or more information about posting bail on a felony charge in California, contact the friendly, experienced team at Alana’s Bail Bonds.
