Bail Definition Under Law In San Jose

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Multi-State
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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

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.

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.

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 decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

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.

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.

Some examples of typical bail amounts for common crimes are: Petty theft: $50 to $1,000. DUI: $500 to $10,000. Assault: $1,000 to $50,000. Murder: $1 million or more.

More info

The Bail Schedule is the presumptive bail for many, but not all statutory offenses. A Judicial officer may review bail in any individual case.In general, bail is used to ensure the presence of the defendant before the court. Bail is an amount of money that you post with the court to have you released from custody. Bail is a financial arrangement to secure release from jail before trial, with various types of bail available. Bail allows people arrested and charged with a crime to be released temporarily until they are required to appear in court again. There are seven different types of bail bonds available in California. Each bail bond type has its rules, regulations, and purpose. A bail bond is a contract between the accused and a bail bond agent. "Bail" refers to the money that you must post with the court in order to be released from jail.

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Bail Definition Under Law In San Jose