Define Bail In Law Terms In Los Angeles

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Los Angeles
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A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

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.

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.

As noted, California counties each have a bail schedule showing a list of bail amounts for different crimes. The amounts vary from county to county and crime to crime, reflecting local policies and crime rates. However, judges retain discretion to adjust these amounts based on the specifics of a case.

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 amount that your bail is set at is determined by a judge ing to the nature of the offense and your own history. You can also put up your property as collateral for bail bonds. As long as you make all of your scheduled court appearances, the full bail amount will be returned to you.

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Define Bail In Law Terms In Los Angeles