When arrested in the State of California on suspicion of committing a crime, it’s vital that you take the next steps efficiently and effectively. One of the first things you’ll want to know is how does bail work in California?
In this guide, we’ll answer all of the key questions on the topic of CA bail procedures, including;
- Is there bail in California?
- Who is afforded the chance to post bail in California?
- How does bail work in California?
- What are the different options for posting bail in CA?
- What happens after posting bail in California?
In the meantime, if you want further advice on posting bail on behalf of yourself or a loved one, learn more about our bail bond agents now.
Is there bail in California?
The first question that any arrestee will ask is whether bail exists in California. As per Section 1269b of the State Penal Code, bail is defined as “ the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum.”
In other words, when a defendant posts bail, they are released from custody and allowed to continue daily life until the date of their trial. Posting bail has no influence on the trial itself and is simply a surety that guarantees the defendant’s court hearing appearances and acceptance of other bail conditions. When posting bail, one of two outcomes occurs;
- The bail funds (minus court fees) are returned to the defendant following the conclusion of their trial, regardless of the verdict.
- The courts keep the full bail fee if the defendant violates the terms of bail by attempting to take flight or avoiding court hearings.
Bail amounts are set by the judge on a case-by-case basis. However, the average figure is $50,000 and serves as a deterrent to any individual who may have considered skipping bail as it would mean losing a substantial amount of money.
When out on bail, though, defendants can resume daily life (as long as they meet the terms of bail) while also preparing the case.
Who is afforded the chance to post bail in California?
While bail does exist in California, it is not an automatic right afforded to all defendants. As well as setting the bail fee(if appropriate), the judge must first determine whether the arrestee is suitable for bail. Both of these decisions are made at a bail hearing that usually occurs within 24 hours (sometimes up to 72) of the arrest and booking.
The vast majority of defendants are offered the chance to post bail, particularly for misdemeanors like DUIs. The most notable exceptions are;
- A defendant is considered a flight risk.
- The arrest relates to a serious felony crime like mass murder.
- The judge believes that the defendant could pose a risk to public safety.
- A defendant has been arrested for a repeat offense.
- There are concerns the defendant will interfere with witnesses.
As long as the defendant is not deemed a threat to others or the course of justice, bail should be offered.
How does bail work in California?
The fundamentals of bail in California are no different to bail in other parts of the country. The procedure is as follows;
- Following an arrest, a defendant undergoes the booking process.
- A bail hearing is then used to determine whether the defendant is a suitable candidate for bail and, if so, how much the fee will be.
- Should the defendant pay bail, they are released from jail. If they decline, they remain in custody unless alternative arrangements like Own Recognizance are made.
- The defendant remains free until the trial date unless they try to skip out on a court date or violate other bail conditions.
- A trial is completed, which will determine whether the defendant is guilty or innocent.
- Bail funds (minus court fees) are returned roughly 30 days after the trial’s completion.
While linked to the arrest, the bail system is an entirely separate entity from the criminal charges.
What are the different options for posting bail in CA?
CA bail is a relatively simple process to understand, but finding the capital to cover the bail fee can be tough. For starters, the average cost is roughly five times the national average as an upshot of the wealth seen in California. Meanwhile, gaining access to a five or six-figure amount proves difficult when in custody, especially if the arrest takes place outside of normal business hours.
In most cases, the courts will allow defendants to post bail using one of several methods. The most common are;
- Cash bail, which is when you pay the full amount in cash or with a bank transfer.
- Property bail, which is when you use real estate assets as collateral. It should be noted, though, that properties must be worth at least twice the value of the bail amount.
- Surety bonds, which is when a bail bondsman takes responsibility for the full bail amount in return for a service fee (known as a premium) usually worth 10% of the total figure.
The third option is the most common for several reasons. Firstly, it turns a $50,000 financial liability into a $5,000 one. Likewise, it is the fastest way to secure a release from jail as the agents have instant access to capital and the experience to negotiate your release from custody.
While the premium is not returned, you are not affected by the court fees or other expenses. Moreover, you won’t have to wait months for your money to be returned. When combined with the fact that Balboa Bail Bonds offers 0% repayment plans and discounts for defendants from various backgrounds, it is a convenient and cost-effective solution that also brings peace of mind.
What happens after posting bail in California?
After posting bail in California, either personally or through a bail bondsman, the courts will release you from custody. The process usually takes a few hours and requires you to legally agree to the terms of bail. Depending on the nature of the criminal charges, standard terms like court hearing attendance may be accompanied by items like wearing a tag to track your location.
The right to a speedy trial is not relevant when you are out on bail, so it could be months before the trial arrives. Some trials take a long time to reach their conclusion too. While you will have to satisfy the terms of bail throughout, you are otherwise free to live and work in California as normal. It is also a good time to call an attorney and plan your defense.
If you have used a bail bondsman, you will also need to make the premium repayments as agreed. It is also important to avoid additional crimes as you would have to pay the bail for secondary offenses too if you want to retain your freedom.
Ultimately, though, bail is designed to support the idea that you are innocent until proven guilty and allow you to remain free until your trial arrives. To find out more about posting bail through a licensed agent and secure your release from custody today, get in touch with the Balboa Bail Bonds team now.
Tags: Is There Bail in California? The Ultimate Guide