If you or a loved one has been arrested and booked into jail, the first priority is often getting the defendant released while the case is pending. In California, this process typically involves bail. Bail works like a financial guarantee that ensures the defendant returns to court for future hearings. However, not every person charged with a crime will be eligible for bail. Whether bail is granted and how much it will be is determined by a judge based on several factors. As always, consult an experienced criminal defense lawyer for legal assistance after an arrest in California.
What is Bail and How it Works in California
Under California law, bail is money or property pledged to the court to secure the release of someone accused of a crime. It serves as a promise that the defendant will return to court for their next court date. If the defendant fails to appear, the bail is forfeited, meaning the money or property is lost to the court. Once the case is resolved and the defendant has made all court appearances, the bail is refunded.
Bail is not a fine and does not represent guilt or innocence of a crime. Instead, it is simply a mechanism to balance the defendant’s right to freedom before trial with the court’s interest in ensuring public safety and guaranteeing the defendant’s return to court.
When is Bail Decided?
Shortly after an arrest, the defendant will have an arraignment, which is the first court appearance. During this hearing, the charges are formally presented, and the defendant enters a plea by pleading guilty, not guilty, or no contest. The arraignment is also when bail is first determine.
The judge has wide discretion to determine whether the defendant should be released on bail, denied bail, or released on their own recognizance. Some defendants can be denied bail if a judge thinks they are a threat to the public, or if they might be considered a flight risk if there is reason to believe they may attempt to avoid prosecution. Others may be released on their own recognizance (OR release), which means they are released from detention and do not have to pay anything. For an “OR,” you simply promise to attend your court appearances.
How Much Will Bail Be?
California counties use a bail schedule, which is a list of standard bail amounts for various offenses, however, judges can raise or lower the amount based upon certain circumstances. These include the severity of the charges, the defendant’s criminal history, and flight risk. Generally, individuals accused of minor, nonviolent offenses are more likely to qualify for release, while those charged with violent offenses or repeat offenses could possibly be held without bail. If denied bail, a criminal defendant will have an automatic review within 5 days. At the next bail hearing, the defense can give arguments for now granting bail.
How Can You Pay Bail?
If bail is granted, the defendant (or someone on their behalf) must post the required amount to be release. There are several ways to do this:
- Cash Bail: Paying the full amount directly to the court. The money is refunded once the case ends if the defendant returns for court appearances.
- Bail Bond: If the defendant cannot afford to pay the full amount, a bail bondsman can post a bond for a fee. The bondsman guarantees payment to the court if the defendant fails to appear.
- Property Bond: Real estate or other valuable property can be pledged as security. The court places a lien on the property until the case ends.
Sometimes a defendant may want to sell certain assets to raise cash quickly to post bail. As this process can be stressful and time-sensitive, it is important to contact an experienced criminal defense attorney right away to help coordinate the sale of assets and ensure that your rights are protected while securing your release as soon as possible.
Contact The Law Office of Nicolai Cocis for California Help with Bail in California Criminal Cases
Navigating the bail process can be overwhelming, especially in the hours after an arrest. An experienced criminal defense attorney can advocate for lower bail, request OR release, or help coordinate bail arrangements. Working with a qualified criminal defense attorney can make a critical difference in protecting your rights, preparing your case, and achieving the best possible outcome.
If you or a loved one has been arrested in California, contact The Law Office of Nicolai Cocis, for help regarding bail. Our criminal defense team is dedicated to helping clients navigate the complexities of the justice system with knowledge, compassion, and determination. Contact us today for a free consultation for experienced and personalized legal guidance.
