Bail Without Charge In Oakland

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State:
Multi-State
County:
Oakland
Control #:
US-00006DR
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Word; 
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Description

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

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

Under these protocols, bail is set at $0 for most misdemeanors and specific non-violent felonies, enabling individuals accused of these crimes to be released from custody without posting bail pending their trial.

Bail Assessment – The judge assesses various factors to determine an appropriate bail amount or whether the defendant should be released on their own recognizance. Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation.

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.

Court Hearings and Bail Reduction If you're unable to afford bail, another route is requesting a bail reduction during a court hearing. Legal representation can argue on your behalf, presenting factors such as lack of criminal history, strong community ties, and employment status.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

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).

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

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What options are available for individuals who cannot afford to pay bail or bond but want to be released from prison before their court hearing? Free Consultation - Call 212.312.Former Manhattan Prosecutor. Cash bail requires verifying the funds and understanding its intricacies. Chances are you will have to get a bail bond to get out of jail if you or your loved one has been arrested for any type of serious crime. Unlike posting bail directly, with a bond, the defendant cannot get the money back after they complete all their court appearances. California Bail Schedules. A person arrested and held in custody must be given a hearing. At that hearing, a judge determines the conditions of release. Need help with bail in California?

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Bail Without Charge In Oakland