Define Bail In Law Terms In San Jose
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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.
Bail is a written promise you sign (called an undertaking) to come to court on the date written on the undertaking to face the charges against you. To get bail, you may have to agree to conditions, such as: regularly reporting to a police station. living at a certain address. having someone act as a surety.
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.
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.
When the bail amount is set at $100,000, it often means the alleged offense is considered serious. 2. Securing a Bail Bond: For a $100,000 bail, the defendant or their family might not have the full amount readily available. This is where a bail bond service like A Way Out Bail Bonds comes into play.
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.
Common Bail Amounts Driving under the influence of alcohol and drugs: $2,500 for a 1st offense, $10,000 for a 2nd offense, and $15,000 for a 3rd offense. Resisting an officer: $5,000. Burglary: $5,000. Hit and run with injury: $10,000. Battery: $8,000 for a 1st offense, $10,000 for a 2nd offense. Grand theft: $5,000.
This uniform bail schedule provides guidance on the minimum bail amount and which factors increase the amount, as well as by how much. Bail can be increased due to the defendant's flight risk, the crime they are charged with, and other important factors. The average bail amount that is set in California is $50,000.
