California Motion to Release Defendant and Set Reasonable Bond

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Multi-State
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US-02735BG
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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 bond 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 second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

How Long Do I Stay in Jail If I Can't Make Bail? If you can't afford bail in a DUI case, or if you were denied bail, you stay in jail until your trial. California law requires that the courts move as quickly as possible, so you don't stay in jail longer than necessary.

As a defendant in California, you are under no obligation to pay the bail bond. If you cannot afford bail, you can remain in jail until your trial date (usually several weeks or a few months).

Yes. If the prosecution drops the charges, or the case is over, the bond is exonerated. In other words, you're released from the contract. You don't owe the court any more money and you'll get your money back.

California law also permits courts to reduce bail following a change in circumstances. Specifically, Penal Code § 1289 authorizes a court to reduce the bail if good cause is shown. ?Good cause? for a reduction in bail generally means a change in circumstances related to the defendant or the proceedings.

California Penal Code Section 1018 grants you the right to withdraw a guilty or no contest plea. This right applies in both misdemeanor and felony cases.

The average bail amount in California is $50,000, significantly higher than the national average of $10,000. This stat is pulled from the California Judicial Council's Bail Schedule, which is a list of the presumptive bail amounts for various crimes.

Bail Bond: The most common way to post bail, a bail bond involves a bail bondsman who agrees to pay the full bail amount if the defendant fails to appear in court. The defendant or a cosigner pays a fee to the bondsman, typically a percentage of the bail amount. California law caps the fee at 10 percent.

Yes, you can bail yourself out of jail in California, but the process and feasibility depend on several factors including the nature of the crime, the set bail amount, your financial capacity, and your risk assessment.

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California Motion to Release Defendant and Set Reasonable Bond