When law enforcement arrests you, it can be an unpleasant experience. Officers will take you to a jail cell, awaiting a bail decision by a judge.
If you are in this position (or you know someone who is), you probably have many questions, including:
- How long can you stay in jail without a bond?
- Can you be held without bail?
- What are your rights when released on bond?
- What are the consequences of being held without a bond?
We provide some answers in this post. By the end, you should have a better of your options and where you stand.
Maximum Time in Jail Without Bond
California Penal Code Section 825 says that a person arrested in California must be brought before a judge within 48 hours to be charged or released. These rules prevent law enforcement from holding suspects indefinitely while providing sufficient time to collect evidence and decide whether to take the case forward.
When law enforcement brings a suspect in front of the judge, three things can happen:
- The judge will permit release without charge
- The judge will charge the defendant and return them to jail without bail
- The judge will permit release on bail (or own recognizance)
Releasing a suspect without charge can occur in cases of mistaken identity or when the evidence proves the suspect is not guilty. It can also happen if the police follow improper protocols.
Sending the suspect back to jail without the possibility of a bond only occurs for the most severe charges or when the defendant has a history of skipping court appearances. Judges may decide that it is too dangerous to release the person back into the community because of the risk of flight or violence.
Finally, judges might release a defendant on bail – the most common outcome. Defendants must then arrange to pay the bail in cash or with a bond from an agent.
California law states that defendants must receive a judge hearing within 48 hours of arrest. However, law enforcement can extend this to the next working day if they arrest the defendant on a public holiday or the weekend when no judge is available. Thus, some defendants can find themselves in jail for 72 hours or longer, depending on court timetabling.
Understanding Bail and Detention Periods
Bail’s purpose in California is to ensure you attend your court dates. Failing to obey means forfeiting any money paid.
Even so, California law prohibits judges from denying bail because you can’t afford it. Therefore, judges may release you on your “own recognizance,” which means you take responsibility for attending your trial dates without paying bail.
The term “pre-trial detention” refers to the brief period law enforcement holds you before your first court appearance, as described above. During this time, you can speak to a lawyer, but you won’t be able to apply for a bail bond.
Once the judge makes a decision, you will know where you stand. Unfortunately, California median bail amounts are higher than the national average, meaning you will likely pay more for release on equivalent charges elsewhere in the country.
Judges may also initiate pretrial supervision programs to monitor your whereabouts and ensure you attend court appearances. Frequent bail terms include staying in California, wearing a tag, and attending regular meetings with law enforcement officials.
Your Rights: Release on Bond Explained
Given the high costs, not everyone can afford to pay cash bail upfront. Fortunately, you don’t have to. Judges will either release you on your own recognizance, or you can get a bail bond – another way to reduce the cost.
Bail bonds let you pay a non-refundable fee in exchange for a bail agent paying the cash bail on your behalf. California law limits the amount to 10% of the bail amount, so if your bail is $50,000, your bail bond fee is $5,000 maximum.
California law provides various rights surrounding release on bond. For instance, you are eligible for a hearing before the court sets the bail amount. This opportunity lets you argue for a lower bail amount or point out why a high bail figure would be unreasonable.
You also have the right to a bail amount that considers your public safety risk over your capacity to pay it. Judges must consider your savings, income, and the nature of the charges against you.
Attorneys can help you explore your circumstances and argue for pretrial release supervision programs that monitor your location. These put restrictions on your movement and schedule but also let you avoid paying cash bail or staying in jail.
Can You Be Detained Without Bail?
California law allows police to detain you without bail if judges believe you pose a public safety risk. For example, you may need to stay in jail if:
- You are a terrorism suspect
- You have been charged with a serious felony, such as murder
- You have a history of violence in the community
- You are a repeat offender who skipped court previously or broke other bail terms
You can argue that these categories don’t apply to you at the bail hearing. Judges will take new evidence into account when making their decision to release you.
The Consequences of Being Held Without a Bond
The ramifications of policing holding you without bail can be significant.
For example, your employer might discover your arrest and fire you, even if you are innocent. You will also be unable to earn money even if you keep your job, preventing you from paying your bills and serving your family.
Therefore, always work with an attorney and bail agent to get out of jail as fast as possible. Call our team to discuss your options and get the cash you need for release.