Being arrested and detained is a scary and often confusing experience. You may have lots of questions about what happens after you have been arrested and how the process works. But, one of the main questions you will likely want to be answered is how long can you be held without bail in California.
Understanding why you may be held without bond reasons will give you a clearer idea of your rights and the appropriate action you can take. In this article, we will explain how long you can be held without bail in California and some of the reasons why a judge may not grant you bail. Read on to learn everything you need to know.
First up, it is helpful to explain what bail is and how it works. When you have been charged with a crime, a bond hearing will take place, where the judge will decide whether you can post bail to secure release from jail until your trial.
The judge will set the bail amount, and this will need to be posted for you to be released from jail. Bail can be paid in cash or property, but most people use bail bonds to pay the bail amount.
Can You Be Held Without Bail Indefinitely?
One question many people have is whether they can be held without bail indefinitely. This would mean being held in jail for an undisclosed length of time.
In the United States, you will not be held in jail without bail indefinitely without a bond hearing taking place or the court setting a bond amount. Bond hearings normally take place within 24 hours of you being detained in jail. If you have been held for 72 hours without a bond hearing, you may want to contact a lawyer for legal advice.
Reasons Why You May Be Held Without Bail
Being released on bail is not an automatic right. Instead, a judge will make that decision.
When assessing your case, a judge will take several factors into account to decide whether or not you should be held without bail. Here are the main factors that influence whether you can post bail and be released awaiting trial:
Flight Risk
Bail acts as a guarantee that if you are released from jail, you will attend your trial. So, to be released with bail, the judge needs to be satisfied you will reappear in court to face trial. The judge will consider your flight risk when deciding whether or not to set bail. A judge may deny you bail if you have previously skipped court when released on bail, you have no ties to keep you in the local community while waiting for your trial, or you are a non-resident. Each of these factors could indicate you are an increased flight risk.
Type of Crime
Under California Penal Code §1275(a)(1), the main factor the judge must consider when deciding whether to grant bail is the safety of the public. So the nature of the crime that has been committed will play a crucial role in determining whether bail is granted. In cases where public safety may be at risk if the defendant is released, the judge will usually decide they should be held without bail.
In cases where a defendant is charged with a crime that would be punishable by death, the judge would rule they should be held without bail until their trial.
If you have been charged with a felony such as murder, fraud, or embezzlement, the judge will likely deny you bail.
If the crime is a misdemeanor, the defendant may be released on bail under California’s ‘Own Recognizance’ law, which means they don’t need to post bail. In Los Angeles County, most defendants are released without bail following their arrest.
Criminal History
One final factor that will be considered by the judge is your criminal history. If you have a violent criminal history, the chances of being released with bail are low, as public safety will always be the primary consideration for judges at bail hearings.
Posting Bail
As you can see, the judge will sometimes refuse bail and prevent your release from jail for a variety of reasons. However, in some cases, when considering your circumstances, the judge will set that bail at a high amount.
If you are looking for guidance on the bail bond process and assistance posting bail, we can help. Here at Balboa Bail Bonds, our team is here for you 24/7 and ready to assist you.
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