Bail Versus Bond Formation In Oakland
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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.
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.
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.
Anonymity: Bearer bonds afford their owners a degree of anonymity that few modern financial instruments offer. They are appropriate for any situation that requires utmost discretion—for instance, some sensitive business deals or confidential investigations.
Bail information is considered public record in the State of California, meaning that anyone (not only defendants themselves) can request this info. The details can be accessed via the Public Access to Court Electronic Records (PACER) system or the Criminal Intake Section.
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.
The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.
If a defendant can't post bail, they will remain in custody until their court hearing. If a defendant cannot personally post bail, they may ask family or friends to help them. Alternatively, they can engage a bail bond company to post a bond on their behalf.
Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation. Pretrial Services Report – The judge may also review a report that the pretrial services agency prepares.
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. Impact on Employment and Family: Prolonged jail time can lead to job loss and financial strain.
