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When placed under arrest, among the initial things you think about is how you will secure your jail release. In California, bail is the most prevalent way of leaving custody; it permits you to regain pretrial freedom. Bail can be a confusing concept, particularly if you have never navigated the legal justice system. This has led many people to make bail decisions that have impacted their lives negatively. This blog guides you through the California bail process, explaining everything you need to know.

How Bail Works in California

Bail is a financial guarantee to the court that you will attend all your court proceedings after you have been released from jail. When the judge sets bail, you or your representative must deposit the imposed amount with the court to secure a temporary release from custody.

You may forfeit the bail money if you do not appear on the required court dates. That means you will lose the property or money you put up to regain your freedom. Contrarily, if you make all court appearances as required, the court will return the bail money to you, albeit minus the administrative fees, at the end of the case.

How The California Bail Process Goes

The bail process generally starts with a criminal arrest. Once a police officer arrests you in California, they may issue you a citation requiring you to appear before the court to answer the charges and then let you go. This is called release on citation, and it applies to minor crimes. Alternatively, the officer can handcuff you and take you to the nearest station for questioning.

When you arrive at the station, you will undergo police booking and processing. Booking entails several steps, such as

  • Recording personal information about you, like your name, contact details, and the crime for which you were arrested

  • Fingerprinting and taking of mug shots

  • Undergoing health screening

  • Full body search

  • Confiscation of personal property (the property will be returned when you leave jail, except if they are illegal contraband or used as evidence)

  • Checking for any outstanding warrants against you

Booking can take from several minutes to several hours based on the station's booking procedures, the number of people undergoing booking, and the number of officers handling bookings. Even if the arresting officer released you on citation, that citation typically gives you a specific period to appear personally at the station for booking.

After booking, the arresting officer may release you on your own recognizance (O.R. release) or after paying bail (the officer will impose the bail amount indicated on the bail schedule). If you are not released at this stage, the officer will place you in a holding cell until you are arraigned in court.

Meanwhile, the arresting officer will prepare a report of your arrest and take it to the D.A.’s office. The district attorney will review the report and decide whether enough evidence exists to press charges. If there is insufficient evidence, the D.A. will drop the charges, and you will be released. If there is enough evidence, the D.A. will press charges, and you will have a case to answer. In this case, you will be subject to an arraignment hearing. This is when you appear before the judge for the first time.

The judge will set bail at the arraignment hearing, based on how you plead to your charges. If you plead guilty or nolo contendere, the case will proceed straight to sentencing. If you plead not guilty, the judge may set bail or release you O.R. Own recognizance release is where you do not have to post bail. You will only sign a written promise to return to court for your hearings.

How Bail is Set

Bail amounts in California vary based on several factors. Judges refer to a bail schedule, which outlines standard bail values for different crimes (every county has its own bail schedule). However, they can increase or lower the amount the bail schedule recommends, depending on the case facts. Factors influencing the adjustment of bail amounts include the following:

  • Public safety. Should the judge believe you pose a threat to the public or the supposed victim, they might impose a higher amount of bail.

  • Flight risk. The judge will consider whether you pose any flight risk. Being a flight risk means you are more likely to run away from the jurisdiction than make court appearances.

  • Community ties. Judges view accused persons with strong local community ties, like employment, family, or property or business ownership, as more likely to appear in court. This may lead to a lower amount of bail.

  • Criminal record. The judge will likely set a higher bail if you have a record of past violations, particularly similar charges.

  • Severity and nature of the offense. The more severe the crime, for example, weapon-related offenses or violent felonies, the higher your bail amount will be. Crimes involving large-scale fraud or bodily harm often attract higher bail values.

Apart from setting bail and the requirement to attend court, the judge can also impose other conditions you must obey for your continued stay out of jail. These can include:

  • Driving or travel restrictions

  • Attend AA meetings

  • Surrender guns and weapons to the police

  • Not to violate any more laws while out of jail

  • Alcohol and drug testing

  • Drug and alcohol treatment

  • Electronic monitoring

  • Home detention

  • Mental health treatment

  • Stay-away order

You Can Request a Bail Reduction Hearing

If the judge has set an excessive bail amount, you can request a bail hearing with help from your lawyer. During this proceeding, your lawyer can assert that the original bail amount is too high and that the judge should lower it. The lawyer can present evidence to support their argument, including the following:

  • Your strong community ties

  • Family responsibilities

  • Employment status

  • Your lack of criminal history

  • Evidence that you are cooperating with the investigations

Contrarily, the prosecutor will be arguing against a bail reduction. They, too, can present evidence to justify the initial bail value, like danger to public safety or seriousness of the offense.

Note that if the judge has set a lower bail amount, the prosecutor also has the right to request a bail hearing to request a bail amount increase. In this case, you and your lawyer will argue against increasing the bail value, while the prosecutor will argue in support.

A Judge Can Deny Bail

Bail is not a guarantee once you are arrested. Just like judges have the discretion to adjust the bail amount, they can also deny bail.

Judges can deny bail in cases involving sex crimes or serious violent offenses. In these cases, judges decide whether to grant or deny bail depending on various factors. If you are presumed guilty of any crime in the mentioned categories and there is convincing evidence that you may hurt someone if set free, the judge might decide not to grant bail. If a judge denies you bail, you will remain in custody until your case is resolved.

How to Post Bail In California

After the judge has set bail, they will require you to post the amount before you leave jail. You can post bail in three ways, based on the seriousness of your charges and financial situation. These include the following:

Cash Bail

Cash bail is the most straightforward way of posting bail. Here, you post the entire bail value upfront. Should you make all court appearances, the court will refund the bail money after your case ends (minus court fees if they apply). However, as much as this is the easiest way to pay bail, it is also the hardest for many defendants to afford. If the judge has set the bail value too high, say $100,000 or higher, many people cannot raise that kind of money quickly to pay the full bail value in cash.

California Bail Bonds

Since many people cannot afford to post the total bail amount in cash, they turn to securing bail bonds, also called surety bonds. With a surety bond, you can secure your jail release by posting a percentage of the bail value, usually 10 percent, to a bondsman. The bondsman then pays the whole bail amount for you.

Note that the ten percent fee is not refundable, whether or not you attend all court hearings. That is because it is the bondsman's charge for their services. For example, say the judge has set your bail at $50,000. In that case, you will pay a bondsman $5,000, and they will guarantee your bail amount.

If you fail to attend court as required, the bondsman might forfeit the bond money. But before that, they may send a bounty hunter to track you down and return you to jail. You might then be liable for the entire bail value. If you appear in court as required, the court will refund the bond money to the bondsman who posted it, not you.

Apart from the 10 percent fee, some bondsmen will require that you provide collateral for securing the bond. Collateral can be in many forms, for example, vehicles, real estate, or pricey personal property like jewelry. The collateral acts as security for the bond, ensuring the bondsman will recover the bond money if you do not make the required court appearances.

Additionally, even though you can post bail by yourself, some bail bondsmen require that someone else do it for you. This person will be called the cosigner, and they will assume all the financial responsibilities associated with the bond. They must also ensure you make court appearances on the appointed dates. If you fail to appear in court and obey other bail conditions, the cosigner will have to pay the bondsman the full amount of the bond, regardless of the cost.

Bondsmen require co-signers so defendants will have more reason not to skip bail. Since the co-signer will assume all the financial responsibilities, the defendant will ensure to appear in court so their loved one does not lose their money.

The bail bond process is straightforward if you work with an experienced bondsman. Once the judge has set bail, your first step will be to call a licensed bondsman and ask them for help. They will ask you some questions and commence the bond process. The bondsman will draw up a bond agreement and application using the information provided.

Once the paperwork is ready, you will sign it and pay the 10% non-refundable fee and collateral, if necessary. After making the required payment, the bondsman will go to jail to pay the bail. Surety bonds can be posted at jail facilities across California 24/7. Thus, regardless of when you start the bond process, you need not wait for the jail facility’s business hours to secure your release.

Property Bond

Sometimes, you can post a property bond and secure your jail release. With property bonds, you provide real estate, such as commercial property or a house, as collateral for the bail value. Should you miss the scheduled court date, the court may seize the property and sell it to recover the bail money.

The problem with property bonds is that the property value must be at least twice the bail value. So, if your bail value is $50,000, the court must ensure the property value is $100,000. Thus, to secure a property bond, the court must have recently appraised the property, disclosed any liens, and professionally estimated the property’s equity.

All this is time-consuming, and since most people want to leave jail as soon as possible, they rarely seek a property bond. However, a property bond is an alternative if you lack the monetary resources to obtain a bond or pay cash bail.

Find an Experienced Bail Bondsman Near Me

Navigating the California bail process can be a daunting experience. However, understanding the involved steps can assist you in alleviating some of the confusion and stress. By following the steps this blog outlines and working closely with a qualified bail bondsman, you can post bail and secure your jail release within a short period.

At Alana’s Bail Bonds, we boast experienced and professional bail bondsmen ready to walk you through the bail process and help you secure your jail release. We offer fast and reliable bail bonds, enabling you to leave jail within the shortest time possible. We also offer flexible payment plans and financing options that make our bail bonds affordable. If you need help securing your pretrial release in any state in California, call us at 619-468-9333 to start the process.