Bail In Criminal Justice System In San Jose
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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 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 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.
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.
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.
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 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.
