Bail In Criminal Appeal In San Diego

Category:
State:
Multi-State
County:
San Diego
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

Can You Bail Someone Out of Jail Anytime? Yes! In California, bonds can be posted twenty-four hours a day, seven days per week. But whether you can bail someone out of jail at any time depends on their situation.

California law also permits courts to reduce bail following a change in circumstances. Specifically, Penal Code § 1289 authorizes a court to reduce the bail if good cause is shown. “Good cause” for a reduction in bail generally means a change in circumstances related to the defendant or the proceedings.

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.

A criminal appeal in California can take anywhere from several months to several years, depending on the complexity of the case and the speed at which it moves through the appeals process. The appeals process in California begins when a defendant is convicted of a crime and decides to challenge the conviction.

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Bail In Criminal Appeal In San Diego