Posting Bail For Dui In San Jose

Category:
State:
Multi-State
City:
San Jose
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

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

DUIs usually trigger a license revocation after 30 days unless you contest it. If you are arrested for driving under the influence (DUI) in California, you typically do not lose your driver's license immediately. Instead, the arresting officer usually takes your driver's license and issues a temporary permit.

Standard first time DUI in Santa Clara County: A minimum 48 hours Santa Clara County Jail or 5 days work release. Three years of summary probation. 6 month California Driver License suspension (but the defendant can usually continue driving if he/she drives with an Ignition Interlock Device (IID) for 6 months)

It is possible for a first-time DUI case to be dismissed, but that will require the help of an experienced criminal defense attorney who can research the facts of the case before forming a legal strategy to have the charges dropped.

In general terms, most DUI convictions come with the following common penalties: License suspension. DUI probation. Mandatory DUI class attendance. Fines. Jail time. Eventual restricted license with an ignition interlock device.

For example, a first-time misdemeanor DUI offense might involve a relatively modest bail setting of $5,000–$10,000 dollars, while a felony DUI may prescribe a $100,000 bail setting, pursuant to the local bail schedule.

A first offense DUI in California is a misdemeanor typically punished by 3 to 5 years of probation, $390.00 to $1000.00 in fines plus penalty assessments, DUI school, a 6-month driver's license suspension, and installation of an ignition interlock device.

A judge will often hold a bail hearing if you are held in custody following a California DUI arrest. At the hearing, the judge will decide whether you: have to post bail in order to be released from jail, or. can avoid paying bail and get released on your own recognizance.

Best-case scenario: Release within 30 minutes to 2 hours after posting bail during regular business hours. More typical scenario: Release within 4-8 hours, especially during off-peak hours or weekends. Worst-case scenario: Release could be delayed for 24 hours or more in complex cases or due to logistical hurdles.

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Posting Bail For Dui In San Jose