Bail Without Bond In California
Description
Form popularity
FAQ
Court Hearings and Bail Reduction If you're unable to afford bail, another route is requesting a bail reduction during a court hearing. Legal representation can argue on your behalf, presenting factors such as lack of criminal history, strong community ties, and employment status.
California Penal Code Section 825 says that a person arrested in California must be brought before a judge within 48 hours to be charged or released. These rules prevent law enforcement from holding suspects indefinitely while providing sufficient time to collect evidence and decide whether to take the case forward.
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 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.
People in this situation may be able to obtain a release on their own recognizance, which means that they can get bail without paying bond. A defendant will need to sign a written promise to show up at their scheduled court appearance.
If a defendant cannot afford bail, then at the arraignment or any hearing while still incarcerated the defendant can request a bail reduction or release without bail. That must be supported with evidence that the defendant is unlikely to reoffend or to flee.
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.
