Bail In Criminal Cases In California

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US-00006DR
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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

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.

Setting bail in California requires judges to release defendants before trial on affordable bail or with nonfinancial conditions of release unless the judge concludes, based on clear and convincing evidence, that these alternatives will not reasonably protect the public and the victim, or reasonably assure the ...

Setting bail in California requires judges to release defendants before trial on affordable bail or with nonfinancial conditions of release unless the judge concludes, based on clear and convincing evidence, that these alternatives will not reasonably protect the public and the victim, or reasonably assure the ...

The law in California The judge can deny bail in: capital offenses where the death penalty is an option, felonies of violence, felony sexual assault offenses, and.

If you or a loved one are remanded without bond, it means there is no chance for release before a trial date. Instead, you will be required to remain in jail until your hearing.

If a person can't make bail in Sacramento, they must remain in jail until their case eventually goes to trial. The so-called “pretrial detention” period — the time between when a person is arrested and their case reaches a courtroom for a trial — can take anywhere from several weeks to several years.

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.

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.

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.

More info

Bail is a sum of money a defendant pays to be released from custody and remain in the community while their criminal matter is finalized. Review how the bail system works in California, including own recognizance release, bail amounts and schedules, and when you can be held without bail.Documents to satisfy a bond must be submitted to the Criminal Intake window between the hours of am and pm, and must be presented in person. In California, bail is money paid to the court to ensure an accused individual's (defendant's) appearance at future court dates. Need help with bail in California? Attorney Seth Morris fights for reduced bail and a swift release. An application for review of conditions of bail cannot be filed without obtaining a hearing date or the signatures of the various parties. California law also permits courts to reduce bail following a change in circumstances. By depositing bail, you can get out of jail while you await your court appearances. You can make bail in cash, or through a bond from a bail bondsman.

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Bail In Criminal Cases In California