Bail Definition In Law In San Jose

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San Jose
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US-00006DR
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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

Setting bail in California requires judges to release defendants before trial on affordable bail or with nonfinancial conditions of release unless the judge concludes, based on clear and convincing evidence, that these alternatives will not reasonably protect the public and the victim, or reasonably assure the ...

The bail amount is based on the crime(s) for which the individual is arrested as well as his or hire criminal history. For example, misdemeanor bail typically starts at $5,000 – $10,000. Felony bail starts at $25,000 and increases depending on the seriousness and number of 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.

As noted, California counties each have a bail schedule showing a list of bail amounts for different crimes. The amounts vary from county to county and crime to crime, reflecting local policies and crime rates. However, judges retain discretion to adjust these amounts based on the specifics of a case.

Factors That Influence Bail Cost Bail of $500,000 or more is not uncommon for serious crimes such as murder, rape, or aggravated assault. It is often based on the type and severity of the charges in criminal defense, as well as the defendant's criminal history and flight risk.

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.

In California, a "no bail" warrant means that a person who is subject to this warrant cannot be released from custody on bail pending their court appearance.

Why is the total bail list "Ineligible for Bail"? If an inmate has any "No Bail" charges or warrants, or any types of Holds, the inmate will not be able to be bailed out of jail until the holds have been cleared or bail has been set by the court.

The law in California The judge can deny bail in: capital offenses where the death penalty is an option, felonies of violence, felony sexual assault offenses, and. other felonies.

The bail amount is usually determined at the person's first court appearance, commonly referred as the arraignment stage. A judge has the option to either release a person on their own recognizance (OR) with a promise to appear at their next court appearance, or deny a person's OR and set bail.

More info

Bail is a financial arrangement to secure release from jail before trial, with various types of bail available. The primary method to regain your freedom is known as "posting bail.Bail is an amount of money that you post with the court to have you released from custody. There are seven different types of bail bonds available in California. Each bail bond type has its rules, regulations, and purpose. Bail can be thought of as an agreement or deal between the defendant (you) and the court. In general, bail is used to ensure the presence of the defendant before the court. R." release means that the court agrees to let you out of custody on your own recognizance without the need to post bail. "Bail" refers to the money that you must post with the court in order to be released from jail. We invite you to get in touch with our attorneys at the San Jose DUI Attorney Law Firm to get the necessary help you need throughout your case.

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Bail Definition In Law In San Jose