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.
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.
If a defendant cannot afford bail, then at the arraignment or any hearing while still incarcerated the defendant can request a bail reduction or release without bail. That must be supported with evidence that the defendant is unlikely to reoffend or to flee.
Steps Identify which condition you want to modify. The judge may have imposed many conditions as part of your bail. Tell your lawyer to file the motion. Talk with the prosecutor. Format your motion. Insert the caption. Title your motion. Add an introduction. Provide important background facts.
For example, in California, bail bond records are generally public and accessible via the Public Access to Court Electronic Records (PACER) system.
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.
In general, an exoneration occurs when a person who has been convicted of a crime is officially cleared after new evidence of innocence becomes available.
Common Violations of Bail Conditions Failure to Appear in Court: Missing a scheduled court date is one of the most severe violations. Leaving the Jurisdiction: Traveling outside the allowed area without permission. Contacting Prohibited Individuals: Ignoring no-contact orders by reaching out to victims or witnesses.
Consequences of a Revoked Bail Bond A warrant will likely be issued for your arrest, and you may be taken into custody until your case is resolved. If you fail to appear in court, the bail amount may be forfeited, and you or your cosigner may be responsible for paying the total amount to the bail bond company.