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An arrest and being placed in custody is one of the most stressful and disorienting experiences you can face. One of the immediate concerns arrestees face following an arrest is whether to post bail themselves or seek the help of a bail bondsman. Most people often ask, “Can I bail myself out?” and “What are the options for bailing out yourself?” The legal systems in California offer two options for securing release from jail: the self-bail process or bail bonds. An experienced bail bondsman can help you understand the advantages and disadvantages of each option. This can help you make an informed decision during this challenging time.
Can I Bail Myself Out of Custody?
If you are in custody, you could wonder: Can I bail myself out? It is crucial to understand the self-bail process to make it easier. Bailing yourself out of custody is possible despite various misconceptions. When you opt for the self-bail process, you must pay the legal system the bail amount set by the judge. The amount is collateral, ensuring you appear in court for your scheduled hearings. This may appear to be a straightforward solution, but you should consider the following factors:
The Time Constraints
Bailing yourself out often takes longer than hiring a bail bondsman. It can involve a lot of paperwork, verification, and administrative procedures. Pursuing a faster option can be an important deciding factor for you and your family if time is of the essence, particularly during the night, holidays, or weekends.
The Financial Implications
You must have the whole bail amount if you decide to post bail yourself. For most defendants, this can be a big financial burden and a challenge for them and their families. You could have the money, but you also need other legal fees or other requirements during the legal process.
Method Of Payment
Courts often accept cash or a cashier’s check for the bail amount. Sometimes, personal checks and credit cards are accepted, but it depends on the area and specific detention facility policies.
Requirements For Bailing Out Yourself
Understanding the bail process is important if you want to pay bail without a bondsman. Bailing yourself means complying with certain conditions:
Documentation Required
You require appropriate documents before you bail yourself out of custody. Some of the documents you need include:
- Employment verification
- Financial statements
- Proof of residence, and
- Valid government-issued ID
Legal Eligibility Criteria
Not all offenders can bail themselves out of jail. You could be eligible for self-bailing if you do not pose harm to the community.
Financial Requirements
You must have the bail amount ready before bailing yourself out of jail. Sometimes, the bail amount can be high based on the crime. Options for bail payment can include cashier’s checks, cash, or property bonds. You must prove you have the amount of assets to pay the bail.
Steps To Bailing Out Yourself
The following is the typical self-bail process:
Arrest And Booking
The law enforcement officers will take you to the police station for booking once you are arrested. They will take your personal information and record the charges against you formally.
Bail Hearing
Bail can be predetermined for a minor crime, and you will be immediately ordered to post bail. During a bail hearing for a serious crime, the court will decide your bail amount. This often happens within 48 hours of your arrest.
Payment Of Bail
You can post bail directly with the court once the judge sets the figure. This allows you to leave custody until your court date. The bail amount is refundable provided you honor all court proceedings.
Release
You will be released once you post bail, but you must comply with the conditions set by the judge, like showing up for all court hearings or adhering to any specific restrictions.
Bailing Yourself Out Of Jail
The law allows you to bail yourself out of custody, especially for minor or non-violent crimes. Some of the situations that can allow self-bailing include:
Pre-Set Bail Schedule
There are preset bail amounts for specific crimes in some jurisdictions. If your violation falls under this schedule, you will not need to wait for the judge to decide whether to set bail.
Non-Violent Felonies
You can still bail yourself out for more severe but non-violent crimes, like fraud or drug possession. However, your bail can be higher, ranging from $5,000 to $50,000.
First-Time Crime
The judge can be lenient and offer a lesser bail amount if you are a first-time offender. This will allow post-bail and secure release while awaiting your court hearing.
Misdemeanors
For less severe offenses, like petty theft, shoplifting, or traffic violations, you can post bail immediately after being booked. These crimes often attract lower bail figures between $500 and $2,500.
The Amount You Will Incur To Bail Yourself Out Of Custody
The cost of bailing out yourself will depend on the judge’s decision and the offense you committed. The factors that will influence the cost include:
Felonies
More severe felonies, like drug trafficking or burglary, often attract bail amounts that range from $5,000 to $100,000.
Minor Crimes
Bail for misdemeanors, like minor drug possession or shoplifting, often ranges from $500 to $5,000.
Extra expenses can include:
Bail Bond Fees
You can seek the services of a bail bondsman if you cannot afford to post the full bail amount. Bondsmen charge 10% of the bail amount as their fee. For example, you will be asked to pay a bail bondsman $1,000 to secure your release if your bail is $10,000.
Court Fees
Some courts can charge extra fees when posting bail, particularly if you use a surety bond.
The Legal Considerations You Should Be Aware Of When Considering the Self-bail Process
It is important to understand the legal obligations and restrictions of bail before posting it. They include:
Bail Violations
Your bail can be forfeited if you violate bail conditions or fail to appear in court. You could be taken back to custody if you do this.
Release Conditions
The judge can set specific conditions for your release, like staying within a particular area, refraining from certain activities, or staying away from certain people.
Court Appearances
You agree to honor all court hearings if you pay bail. Skipping even one court date can attract an arrest warrant and forfeiture of your bail money.
Understanding the above legal conditions is important because failing to follow them can attract additional legal trouble.
The Factors The Judge Will Consider When Setting Your Bail
The court does not receive bail as payment from an offender but as collateral for a pretrial release. It holds the bail amount and refunds it after a case ends. However, you must comply with strict terms and conditions when posting bail. The court can forfeit your bail if you fail to comply with the terms and conditions. This can happen if you skip the court hearings. After the trial, you will not receive any refund if the court forfeits your bail. This will be detrimental to you or your family, considering how costly bail is, because judges set bail amounts based on the crime.
Usually, the judge will consider the following factors when setting your bail:
Your Community Ties
Community ties mean the arrestee’s connection to the community. They are what keep you within that community. The judge will consider this because your connection to the community determines your likelihood of staying there after a pretrial release. You will likely leave the community if your connection is poor or if you have weak ties. If you leave your jurisdiction, the judge could not hear and determine your case within the stipulated period. It could also be an extra burden to law enforcement because the judge can issue a warrant for your re-arrest.
Community ties are often a crucial aspect that judges look at when setting bail for offenders. You can be denied bail or face a higher bail if you have weak community ties. A person can be considered to have a strong tie to the community if he/she has a stable business, employment, or family within the community. A higher bail can keep you within the court’s jurisdiction if your community ties are weak.
Your Criminal Record
The court will also consider your criminal record when determining your bail. Your current case will be graver if you have a prior conviction on your record for an offense, whether a misdemeanor or a felony. You can secure a release on your own recognizance if you have committed a minor offense. On the other hand, you will be ordered to pay a higher bail if you have a record of a serious offense. Your offense will be considered more severe if you have several prior convictions for a similar offense.
The court will use your criminal record to decide the amount you should pay as bail during your initial arraignment. The police will conduct a background check on you, and the judge can use their findings to alter the bail amount.
The Charges Against You
People commit different types of offenses in California: violent and non-violent offenses. You can be accused of an infraction, misdemeanor, or felony. The court will consider the seriousness of an offense to determine the amount you are required to post as bail. The police will gather as much evidence as possible before arresting you, unless they arrest you while committing a crime. This will help the prosecutor to develop a solid case that will lead to a conviction. The judge’s decision to set your bail will be influenced by the strength of the prosecutor’s case against you.
If the prosecutor’s case against you is weak, you will be motivated to stay around to contest the charges and have the charges dropped. This can cause the judge to set a low bail amount for your release.
Your Flight Risk
Posting bail to secure your release before trial assures the court that you will attend future court hearings. Your flight risk is the possibility of escaping jurisdiction after a bail release to avoid the repercussions of your offense. The judge will consider your flight risk when determining your bail amount. He/she will set the amount to discourage you from escaping the jurisdiction.
The evidence that the prosecutor has against you will help the judge establish your flight risk and possible conduct after a bail release. The judge can set a high bail amount if the prosecutor has a strong case against you and a high likelihood of conviction. This will discourage you from escaping your jurisdiction after the release.
The court will establish your flight risk by weighing the following situations:
- Previous flight incidents after a bail release will taint your chances of a bail release. You can be forced to post a higher amount of bail with a slim chance of securing a bail release because of your high flight risk.
- The judge will consider you a lower flight risk if you have stable employment or a permanent job within the jurisdiction of your arrest. You will be less likely to jump bail and leave your job.
Own Recognizance Release
In addition to posting a cash bail, an own recognizance release is a common way of bailing yourself out. With this release form, you commit in writing, promising to honor all the set court hearings. Own recognizance release is often reserved for people without a history of missing court dates. If you are eligible for an own recognizance release, you do not need anyone to bail you out of custody.
Find a Reliable Bail Bondsman Near Me
Can I bail myself out of jail? While you can bail yourself out of jail by posting a cash bail or through an own recognizance release, the self-bail process has some challenges, especially if you do not understand the bail process. A more straightforward option to bailing out yourself is working through a bail bondsman. Working through a bail bondsman speeds up the release process and makes it hassle-free. If you need a reliable bail bondsman in California, contact Alana's Bail Bonds. Call us today at 619-468-9333 to speak to one of our bail bondsmen.
