Bail Without Bond In Fairfax
Description
Form popularity
FAQ
Definition of No Bond When a judge announces no bond, the defendant isn't eligible for release from county jail through bail as the judge has not set a bail amount. Instead, the arrested person has to remain in custody until the case concludes or a judge potentially sets bail at a later hearing.
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 violators cannot make bail, they must remain in jail and the A&P hearing will take place when court next convenes. If the violator is not released at the A&P hearing, a trial must be held within 48 hours.
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.
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.
If the magistrate judge does not set a bond, you will be placed in a jail cell and held until your trial date or until you file a bond motion in the correct court.
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).
When arrested, the court sets a bail amount based on the crime's severity, your criminal history, and your flight risk. If you can't afford bail, you stay in jail until your court date. The duration of jail time varies.
Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.
If the magistrate judge does not set a bond, you will be placed in a jail cell and held until your trial date or until you file a bond motion in the correct court.
