Bail For Assault In California

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Multi-State
Control #:
US-00006DR
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

California's statewide Penal Code also provides minimum bail amounts for certain crimes. If a county hasn't adopted a schedule, the statewide figures apply. For misdemeanor assault, for example, the Code mandates $10,000 minimum bail.

Bail Assessment – The judge assesses various factors to determine an appropriate bail amount or whether the defendant should be released on their own recognizance. Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.

The bail amount is usually determined at the person's first court appearance, commonly referred as the arraignment stage. A judge has the option to either release a person on their own recognizance (OR) with a promise to appear at their next court appearance, or deny a person's OR and set bail.

Bail Assessment – The judge assesses various factors to determine an appropriate bail amount or whether the defendant should be released on their own recognizance. Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation.

The length of jail sentence varies based on the severity of the offense: Misdemeanor simple assault can result in a jail sentence of up to six months; Misdemeanor aggravated assault can result in a jail sentence of up to one year; Felony aggravated assault can result in up to four years in state prison.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

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Bail For Assault In California