Bail Without Cr In California
Description
Form popularity
FAQ
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 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.
And while some will tell you that you can't remain anonymous, the short answer is actually yes, you can. (But with one major consideration.) The Court is going to need a name and person to return the bond to once the court date has been successfully completed.
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.
The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).
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 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.
