When someone faces criminal charges in California, the issue of posting bail often arises. While the state has laws preventing individuals from being held strictly because they cannot afford bail, judges have significant discretion in deciding if bail is appropriate and how much to set.
Understanding Bail in California
Bail is essentially a financial guarantee required to ensure an accused person will appear at future court dates. The amount of bail varies based on the severity of the crime.
In California, individuals cannot be held solely because they cannot pay bail. Judges need clear and convincing evidence that detention is necessary to protect public safety. In Los Angeles County, only those arrested for serious or violent felonies can be held on bail; others must be released on their own recognizance (OR), meaning they promise to attend court dates without needing to post bail.
Sometimes, judges impose additional conditions on those released OR, such as surrendering weapons or adhering to stay-away orders, commonly seen in domestic violence cases.
What is Bail?
Bail is a financial assurance, often provided by the defendant or a bail bondsman, required for release from custody before trial. This assurance ensures the accused will attend all required court proceedings. Failure to appear typically results in forfeiture of the bail amount and additional legal consequences. Under California Penal Code 1305, if a defendant fails to appear without sufficient excuse, the bail is forfeited.
The bail amount is refunded once the case concludes. California’s bail process is governed by specific rules to ensure fairness. Each county has a bail schedule setting amounts for various crimes. In Los Angeles County, there are separate schedules for felonies and misdemeanors. Most arrested individuals are released OR, except those charged with serious or violent felonies who may be held on bail.
Ways to Post Bail
There are different methods to post bail: cash bail, bail bonds, and property bonds.
- Cash Bail: The full bail amount is paid in cash, which is refunded minus administrative fees if the defendant attends all court proceedings.
- Property Bond: Real estate is used as collateral for the bail amount. A professional appraisal is needed to determine the property’s value. This method allows for larger bail amounts but involves complex legal procedures.
- Bail Bond: The most common method, where a bail bondsman pays the full bail amount if the defendant fails to appear in court. The defendant or cosigner pays a fee, typically 10% of the bail amount, to the bondsman. This method makes bail accessible to those unable to afford the full amount but involves additional costs if court requirements are not met.
Conditions for Release Without Bail
Arrestees released without bail may still need to comply with specific conditions to stay out of custody while their case is pending, such as:
– Travel or driving restrictions
– Stay-away orders
– Surrendering weapons to the police
– Attending AA meetings
– Undergoing drug and alcohol testing or treatment
– Mental health treatment
– Electronic monitoring or home detention
– Using an ignition interlock device
Options for Release After Arrest
Upon arrest, the court holds a bail hearing to decide what to do between the arrest and trial. The judge has three options:
- Own Recognizance (OR): Release without posting bail on the promise to attend court dates. Additional conditions may be imposed.
- Held on Bail: Held in custody until bail is posted.
- Held Without Bail: In extreme cases, such as imminent threats to public safety, individuals may be held without bail until trial.
Bail Schedules and Amounts
California counties each have a bail schedule listing amounts for different crimes. These amounts vary, reflecting local policies and crime rates. Judges have discretion to adjust these amounts based on the specifics of a case, considering factors such as criminal record, flight risk, severity of the alleged crime, and the defendant’s ability to post bail.
The Role of a Cosigner
If someone cannot afford a bail bond alone, they may enlist a cosigner who agrees to be responsible for the defendant’s court appearances and may be held financially liable if the defendant fails to comply.
The Role of an Attorney in Bail Hearings
A criminal defense attorney can be crucial in securing an OR release or ensuring the bail amount is fair. The attorney may present evidence to support an OR release, negotiate lower bail, or request a “Humphrey hearing” to determine if the defendant is being held due to an inability to pay bail. Courts must ensure individuals are not held solely because they lack financial resources.
Understanding the bail system can help individuals navigate this challenging process more effectively. If you need assistance with bail, contact Rosa Munoz Bail Bonds for professional and compassionate support.
