Inmates incarcerated have the option to post their own bail or accept funds from friends or family for the purpose of posting bail.
Inmates incarcerated have the option to post their own bail or accept funds from friends or family for the purpose of posting bail.
In some jurisdictions, the court may also allow you to post a property bond, which will use property that you own as collateral for your conditional release. Unfortunately, though, if your bail amount is high, you may not have the resources to post bail with the court on your own.
Understanding Bail and Detention Periods Even so, California law prohibits judges from denying bail because you can't afford it. Therefore, judges may release you on your “own recognizance,” which means you take responsibility for attending your trial dates without paying bail.
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.
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).
No Bond Hold This could happen if the defendant is considered a flight risk, poses a danger to others, or if there are reasons to believe they may tamper with evidence or intimidate witnesses. In such cases, the judge may issue a “no bond hold,” which means the person will remain in custody until their trial.
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.
Consequences of Missing a Bond Payment Revocation of Bail: The bail bondsman may revoke the bond, leading to immediate arrest and incarceration. Legal Action: The bondsman may take legal action against you to recover the owed amount.
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.