Bail In Criminal Record In San Jose
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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.
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.
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 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.
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.
