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.
Understanding Bail and Detention Periods Even so, California law prohibits judges from denying bail because you can't afford it. Therefore, judges may release you on your “own recognizance,” which means you take responsibility for attending your trial dates without paying 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 you or a loved one are remanded without bond, it means there is no chance for release before a trial date. Instead, you will be required to remain in jail until your hearing.
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.
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.
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.
For instance, a California judge might post bail at $50,000, letting the defendant secure their release for just $5,000. However, judges may not grant bail in some situations. When this happens, it can result in a “no bond” situation.
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.
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).