Bail Meaning In Law In California
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Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.
Factors That Influence Bail Cost Bail of $500,000 or more is not uncommon for serious crimes such as murder, rape, or aggravated assault. It is often based on the type and severity of the charges in criminal defense, as well as the defendant's criminal history and flight risk.
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.
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.
Failing to post bond has several consequences: Extended Jail Time: You remain in custody until your court date, ranging from weeks to months. Court Appearances: Regular court appearances are required. Impact on Employment and Family: Prolonged jail time can lead to job loss and financial strain.
The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.
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.
If a defendant can't post bail, they will remain in custody until their court hearing. If a defendant cannot personally post bail, they may ask family or friends to help them. Alternatively, they can engage a bail bond company to post a bond on their behalf.
If arrested or called in for questioning, California Penal Code Section 825 states that defendants must be brought before a judge within 48 hours to determine whether they will be charged or released. In other words, you can be held for 48 hours without charges.
