Getting released from jail after an arrest in Southern California isn’t always easy. It’s simpler for those charged with smaller crimes to go out “O.R.” (on their own recognizance). But for felonies, you’ll likely have to post bail to leave jail. Sometimes, if the crime is serious or violent, or if they think you’ll run away, you can’t get bail at all. Knowing how bail works in California is key. This includes the types of bail, how they decide on bail amounts, and what happens if you don’t show up in court. Anyone facing charges in the state should learn about this.
What is Bail in California?
Bail is money or property that a defendant gives to get out of jail. It’s a promise to show up in court later. This way, people don’t have to wait in jail while their case moves ahead.
Bail as a Financial Guarantee
When someone is accused of a crime, they or their family pays bail. This is a type of insurance. It encourages the person accused to come back to court. The amount is decided by a judge. It considers how serious the alleged crime is and if the person might run away.
Purpose of Bail in the Legal Process
In California, the bail system tries to be fair. It lets people stay free until their trial, instead of being in jail right away. But, if they don’t go to court, they lose the money or property they posted for bail.
| Bail Statistic | Value |
|---|---|
| Bail Bondsmen Fee in California | 7-10% of Bail Amount |
| Typical Bail Amounts in California | $10,000 to $100,000 |
| Failure to Appear Consequences | Bail Forfeiture |
Knowing about bail is very important for those dealing with the law in California. It’s a way to promise the court you will be there when scheduled.
Types of Bail in California
When someone is arrested in California, they have different bail options to get out of jail. These include cash bail, bail bonds, property bonds, or being released on their own recognizance (OR).
Cash Bail
To use cash bail, the defendant must pay the full bail amount to the court. This shows the court they’ll show up to court. Bail amounts vary but can be from $10,000 to $100,000. After the case ends, the money is given back, minus any fees.
Bail Bonds
A bail bond is another choice. Here, the defendant pays a fee, usually 7-10% of the bail, to a bail bond company. This company then covers the bail. If the defendant doesn’t go to court, the bond company pays the full amount.
Property Bonds
A property bond uses real estate to pay bail. The property must be worth more than the bail. If the defendant runs away, the court can take the property to get the bail money.
Own Recognizance (OR) Release
Sometimes, the court lets a defendant go without collecting bail. This is OR release. It’s decided if they aren’t likely to run away and don’t pose a danger. The defendant must promise to show up in court and follow court orders.
Which bail option is picked depends on the situation, the defendant’s money, and the risks. Knowing about these options helps if you or someone you know is ever arrested in California.
“The bail system in California is designed to balance the rights of the accused with the need to protect public safety. Each type of bail has its own advantages and considerations.”
Factors Determining Bail Amounts
In California, bail isn’t fixed. It depends on the alleged crime’s seriousness, the defendant’s background, and if releasing them might harm the public.
County Bail Schedules
Initial bail amounts are based on county-wide schedules. These lists assign bail for different crimes. For example, bail for simple assault might start at $1,000. Meanwhile, for crimes like aggravated assault, bail could be $50,000 or more.
Judicial Discretion and Considerations
Judges can adjust bail from the schedules. They look at several aspects, including the alleged crime’s severity and the defendant’s history and risk level. Factors like defendant’s likelihood of showing up to court, their potential threat to public safety, and the strength of the case are considered.
The potential punishment for the crime and its impact on public safety can also raise or lower the bail amount. If a defendant thinks their bail is too high, they can ask for a hearing to possibly get it reduced or be released O.R.
Defense attorneys can suggest changes to bail conditions that may help the judge reduce bail or allow for an O.R. release. These changes might involve surrendering documents, joining treatment programs, or using monitoring devices.
| Offense Type | Typical Bail Range |
|---|---|
| DUI | $500 to $10,000 |
| Drug Possession | $1,000 to $5,000 |
| Drug Trafficking | $100,000 or more |
| Petty Theft | $500 |
| Grand Theft | $5,000 to $50,000 or more |
| Simple Assault | $1,000 |
| Aggravated Assault | $50,000 or more |
| Domestic Violence | $5,000 to $50,000 or more |
| Sexual Assault | $25,000 to $500,000 or more |
Knowing how bail amounts are decided in California can help defendants and their lawyers. They can be ready for the bail process and aim for a fair decision.
HOW THE BAIL SYSTEM WORKS IN CALIFORNIA
In California, after someone is arrested, the bail system decides if they can get out of jail before their trial. This process has a few steps. First, they check if the person can get bail. Then, they decide how much the bail money should be. Finally, they give different ways to pay the bail.
For less serious crimes, some people might get released without bail. But, for serious crimes, they often need to pay bail to leave jail.
You can pay bail with cash, a bail bond, or with property. If the person is found innocent or the case is closed, getting back the bail money could take a few months.
Bail amounts in California change based on the crime and location. Serious crimes might have a bail of over a million dollars. Smaller crimes could have bail between $20,000 and $50,000. A good lawyer can ask for a lower bail if it’s too high.
In California, judges decide on the bail. They look at the crime, the person’s record, and if they might skip court. If there’s new info, the judge could change the bail amount.
| Bail Option | Description | Typical Cost |
|---|---|---|
| Cash Bail | The full bail amount is paid in cash to the court. | Varies based on the charge and jurisdiction |
| Bail Bonds | A bail bond agency posts the full bail amount, and the defendant pays a non-refundable fee, typically 10% of the total bail. | 10% of the total bail amount |
| Property Bond | Real estate or other valuable property is used as collateral to secure the bail amount. | Varies based on the value of the property |
| Own Recognizance (OR) Release | The defendant is released without having to post bail, based on their promise to appear in court. | No cost |
People charged with crimes not punishable by death might get out without bail if they’re not a danger. They might have to follow some rules to get out of jail or lower their bail.
The bail system in California aims to protect the rights of those accused while keeping the public safe. By knowing about different bail types and factors that affect bail, people can handle their legal situation better.
Using a Bail Bondsman
In California, when someone gets arrested, a bail bond offers a more budget-friendly way to get out of jail. A bail bondsman requires a fee, usually 10% of the bail amount the court decides. Then, the bail bond company pays the whole bail amount. This lets the person go free until their court date.
Process of Working with a Bail Bond Company
Getting a bail bond in California follows these steps:
- You call a local bail bond company, sharing the person’s details, the charges, and the bail amount.
- Next, you pay the bail bond fees, which is around 10% of the bail amount.
- The bail bondsman covers the bail with the court, making it possible for the person to leave jail.
- Then, the person in jail or someone they name agrees to show up at all court dates.
Non-refundable Fees and Responsibilities
Understanding bail bond fees and the deal is crucial. The 10% you pay the bail bondsman doesn’t come back, even if things change at the trial. You also promise to be at all your court dates.
Missing a court date can cause more legal problems. And you might lose any money or property you put up for the bail bond.
“Using a bail bondsman makes getting out of jail in California easier. You don’t have to pay the full bail upfront.”
Consequences of Failing to Appear
If someone posts bail but doesn’t show up in court, it’s a big deal. The justice system sees it as a threat to law and order. It can also bring more trouble, like new charges.
Bench Warrants and Bail Forfeiture
Skipping court can lead to a bench warrant. This means the police will look for you. You might also lose the bail you paid, whether cash, through a bond, or property value.
Additional Criminal Charges
Missing court can get you into more trouble. In California, you might face misdemeanor or even felony charges. A misdemeanor could mean jail for six months and a fine of $1,000. A felony could bring up to three more years in prison and a $10,000 fine.
To charge you with failure to appear, the prosecutor needs to prove four things. That you were charged but didn’t show up, were let out, and were avoiding the court. Even if you’re out on your own, you still must promise to come to court.
The penalty for missing court varies with the original case. With a misdemeanor and a promise to show, you might get probation, six months locked up, and a $1,000 fine. A felony might mean probation, a year in jail or three in prison, and a $5,000 fine. If you were bailed out, the punishment can be tougher.
It’s key for anyone in the court system to not miss their dates. Knowing what could happen if you don’t can make things go better for you.
Legal Assistance and Bail Reform Efforts
Dealing with bail in California is tough. Having the right legal help is key. A defense lawyer will fight for bail, argue for a fair amount, and explain the legal stuff. They also help deal with any problems during the bail process. In California, work is being done to change how bail works. This is to make the system fairer. Some places now let people go before their trial without paying. They just have to promise to come back or follow certain rules.
But not all the changes have gone through. An attempt in 2018 to stop using cash for bail was voted down in 2020. Still, the state’s highest court said high bail prices are unfair and against the law. But this rule hasn’t made things much better yet. People who can’t pay are still jailed before their trial. Those wanting to change this are still fighting. They want big changes in how we deal with people accused of crimes. This includes paying for lawyers for those who can’t afford one and having a special group help before and during their trial.
The fight for better bail laws in California is far from over. The support of a good defense lawyer is critical. They know the law and will stand up for your rights. In a complicated legal system, their help is invaluable.