Bail In Criminal Cases In Orange

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State:
Multi-State
County:
Orange
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, bail is for people awaiting sentencing. Until that time you are innocent and bail is just a way to guarantee that you will go to court. After sentencing you are being detained as punishment and you must complete your sentence.

Steep Bail for Very Serious Crimes While felonies have a wide range of bail amounts, the most serious, violent, or dangerous crimes often have bail set at $100,000 or higher. Some examples include: Murder: $1 million or more. Rape: Starting around $250,000 for rape charges.

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.

Once the bond has been posted and your paperwork has been completed, you should be released shortly after. Typically, this can take anywhere from 30 minutes to 4 hours, depending on the jail, staff, and your specific circumstances. In rare cases, it may take up to 12 hours.

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.

That's called, "Release on own recognizance" or referred to as ROR. That's where, technically, you're not posting any bail, but technically under the law it's deemed to be bail. It's ROR.

More info

What is the function of the District Attorney? What is an arraignment?Bail may be denied in serious felony cases or where the defendant has two prior felony convictions. For the return of bail the person whose name appears on the bail receipt must bring the following documentation to the Court Clerk's office. For complete details regarding the bond process, including posting a bond, visit the Orange County Jail and Inmate Services website. Bondsman Registration Full Bond Payment with the Court: Submit the entire bond amount directly to the court, and this sum must be in certified funds. After conviction and sentencing, you can only post bail if the case is being appealed and the court permits an appeals bond. The court knows it will be a while before the defendant can have their trial because they are backlogged with thousands of other cases. Yes, visit the Orange County Bail Bond Justice project website for more information.

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Bail In Criminal Cases In Orange