Bail For Assault In San Bernardino

Category:
State:
Multi-State
County:
San Bernardino
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

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

For misdemeanor simple assault, the average bail amount is $5,000 – $10,000. First-time simple assault offenses may sometimes qualify for release on recognizance or bail under $5,000.

California's statewide Penal Code also provides minimum bail amounts for certain crimes. If a county hasn't adopted a schedule, the statewide figures apply. For misdemeanor assault, for example, the Code mandates $10,000 minimum bail.

If a person can't make bail in Sacramento, they must remain in jail until their case eventually goes to trial. The so-called “pretrial detention” period — the time between when a person is arrested and their case reaches a courtroom for a trial — can take anywhere from several weeks to several years.

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.

California's statewide Penal Code also provides minimum bail amounts for certain crimes. If a county hasn't adopted a schedule, the statewide figures apply. For misdemeanor assault, for example, the Code mandates $10,000 minimum bail.

California's statewide Penal Code also provides minimum bail amounts for certain crimes. If a county hasn't adopted a schedule, the statewide figures apply. For misdemeanor assault, for example, the Code mandates $10,000 minimum bail.

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.

If a person can't make bail in Sacramento, they must remain in jail until their case eventually goes to trial. The so-called “pretrial detention” period — the time between when a person is arrested and their case reaches a courtroom for a trial — can take anywhere from several weeks to several years.

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.

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Bail For Assault In San Bernardino