Receiving that unexpected call at night about your loved one being arrested can have you feeling helpless and unsure of your options. You will probably ask yourself, Can bail be granted at night in California jails? Fortunately, the answer to this question is yes, you can bail out at night. Even if you do not have the bail amount being requested readily available, you can secure a bail bond, as most bail bond companies operate 24/7. This blog explains everything you should know about posting bail at night in California.
Judicial vs. Preset Bail Schedules
A person arrested at night in California undergoes a bail process similar to that of someone arrested during the day. Firstly, they will undergo police booking before they are allowed to post bail. Once they have been booked, they will be placed in a holding cell to await a decision on whether they can post bail and, if so, the amount they must pay.
Usually, California bail amounts are determined by a preset countywide bail schedule or via judicial discretion. A bail schedule is a list of recommended bail amounts for various crimes, and each California county has its own. The amounts on the bail schedule are standardized based on the specific charges. On the other hand, judicial bail is set after a judge reviews the case.
The primary difference between a preset bail schedule and judicial bail is that judges have the discretion to increase or lower the bail value. They consider various factors, like the defendant’s criminal record, community ties, and employment status. These intangible factors do not impact preset bail schedule amounts.
If your loved one is arrested at night for a minor offense, law enforcement can usually set bail using the preset schedule, and you can bail them out that very night. The defendant will have to attend court for their arraignment on the communicated date. Judicial bail does not apply to a nighttime arrest because judges set bail during an arraignment or bail hearing, which happens during court business hours.
Even though preset bail schedules allow for a faster nighttime release, bail schedule amounts are not negotiable, unlike judicial bail. Therefore, if you feel like the bail amount imposed by the police during a nighttime arrest is high, you may have to wait for the defendant’s arraignment or bail hearing to negotiate the bail value. This is especially so if the accused person has strong community ties, such as a family and a job, and no prior arrests.
Counties that Allow Nighttime Release
Most, if not all, California county jails operate round-the-clock and allow bailing out at any time, including at night. Even though this is the case, the actual jail release process might be slower at night due to a high inmate volume or reduced staffing. Smaller jail facilities might have limited staff who can delay or restrict bail processing in the middle of the night. These jails allow bail at night, but the practical capacity to complete booking and release processes can be hindered.
Processing times may also affect nighttime jail releases. Even if you post bail at night for your loved one, the actual release of the person can take two to twelve hours. That said, if you post bail, say at midnight, your loved one may not be out of jail until the following morning.
Still, some counties conduct nighttime releases more than others. Based on jail procedures, counties such as Los Angeles, Riverside, San Bernardino, Sacramento, Orange, Ventura, Placer, and Mono often handle nighttime releases. However, in high-volume cases, release might take longer.
When Release Must Wait Until Court
You can bail your loved one out at night, but sometimes you must wait until they are arraigned in court. For example, you may not be able to bail out at night if the following is true:
- Serious Felony or violent crime charges. If your loved one faces charges for a serious felony or violent crime, a judge must first review the case to set or adjust bail. That generally cannot happen at night. You will have to wait until the next business day.
- A no-bail hold is in place. A no-bail hold is a court order that prevents an accused person from being released from custody, requiring them to remain in custody until a specific court proceeding or trial. It applies to protect witnesses, high-flight-risk cases, and severe crimes. This order requires immediate detention without bail.
- Intoxication. If the arrestee is intoxicated, jail policy might mandate holding them in jail until they are sober for safety reasons.
- A Nebbia hold or 1275.1 hold. A Nebbia or 1275.1 hold applies when the source of the bail money is suspicious. In this case, you must prove that the money is not from unlawful proceeds. It applies in cases such as fraud or drug trafficking. A Nebbia or 1275.1 stops release until a hearing on the source of funds happens.
How to Speed Up the Process
If your loved one’s arrest occurs at night, the following tips can expedite their release.
- Contact a bondsman immediately. If you do not have the money to post bail, a bondsman can help you secure a bail bond. In that case, the sooner you contact a bondsman, the sooner they can start the bail bond process, and the earlier your loved one will be released.
- Have essential information ready. Ensure you have the following details:
- Arrestee’s full name
- Age or birth date
- County or city of arrest
- Jail where they are being held
It’s acceptable if you don’t have all the information. Your bondsman will help you locate it.
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Streamline paperwork and payment.
You can complete paperwork electronically to avoid waiting for in-person signing. Also, have a credit card or another payment method ready to pay the bond fee. The fee is usually 10% of the whole bail value.
Find an Experienced Bail Bondsman Near Me
Your loved one being arrested at night may have you worried about them spending the night in custody. However, with the right support, you can bail them out in a simple process. At Balboa Bail Bonds, we are available 24/7 to help with your bail needs. Our skilled bondsmen are committed to assisting you in navigating the intricacies of the California bail process compassionately and efficiently. It does not matter the county in which your loved one is arrested. We serve all of California and are here to help you anytime. Contact us at 619-760-2222 to secure your loved one’s release as fast as possible.
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