Bail In Criminal Proceedings 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

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.

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 ...

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.

'Bail' and 'bond' are often used interchangeably. Both allow defendants to be released from custody while their charges are pending. But there is an essential distinction between them. A bond acts as a guarantee rather than a deposit.

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.

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.

As noted, California counties each have a bail schedule showing a list of bail amounts for different crimes. The amounts vary from county to county and crime to crime, reflecting local policies and crime rates. However, judges retain discretion to adjust these amounts based on the specifics of a case.

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. Bail is money that must be posted with the court for an inmate to be released to ensure they will appear for future court appearances.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. The cash bond is the most direct way to post bail. The defendant pays the full bail amount to the court in cash. Need help with bail in California? Attorney Seth Morris fights for reduced bail and a swift release. Rule 4.100. Arraignments. In California, bail is money paid to the court to ensure an accused individual's (defendant's) appearance at future court dates. In California, bail is money paid to the court to ensure an accused individual's (defendant's) appearance at future court dates.

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Bail In Criminal Proceedings In California