When a person is arrested, it’s only natural that they and their loved ones are going to want to know how long it will take them to be released from custody. This process depends on posting bail, allowing the defendant (the person arrested) to be released ahead of their court appearance.
There are a few different factors that can influence how long it takes for bail to be posted and for someone to be released after. Here, we’re going to look at some of those factors and how long you might expect it to take, specifically in San Diego.
Bail Posting Process: How Long Does it Take?
The process of posting bail depends on a few things. The process starts when the defendant is booked into jail, has their personal information gathered, and their charges documented, sometimes involving a health screening or background check. This usually takes around one to four hours, depending on how busy the jail is, as well as the nature of the arrest.
After the booking, the court sets a bail amount. Typically, this is based on a few things, including the severity of the offense, the defendant’s criminal history, and whether they are considered a flight risk. The bail schedule usually sets the timeline for common crimes, but a judge might determine it themselves for more serious or complex cases. This is usually done within 48 hours of the arrest.
After the bail amount is set, bail can be posted in a few ways. For cash bail, the full amount is paid in cash by the defendant or someone acting on their behalf. For a bail bond, a bail bond agent posts the bail on behalf of the defendant in exchange for a fee. Property bonds allow property to also be used as collateral in place of cash.
On average, posting bail via cash or bond usually takes around 2 to 4 hours once the bail amount is known. However, if there are delays with the bail bond company or issues with processing payments, it may take longer.
Quick Release: How Long After Bond is Posted?
After bail is posted, the release process usually takes a few hours. The jail has to process the paperwork and verify payment before finalizing the release. This can be affected by how busy the jail is at the time, how many staff are available, and the time of day.
Usually, defendants are released within 2-4 hours of bail being posted during normal business hours. After-hours releases, during evenings, weekends, or holidays, are likely to take longer. The jail itself can also play a factor. Smaller facilities may be able to release individuals more quickly than larger, busier ones such as the San Diego Central Jail, which serves as the primary booking facility in the region.
Bond Duration: How Long Does a Bail Bond Last?
A bail bond is a financial security to the court that the defendant will appear in court when scheduled to. The bail bond lasts as long as the case is active in court, from the time of release until the case is resolved. How long this lasts depends on the complexity of the case.
Most court cases are resolved in a few months, and the bond is exonerated after they’re complete. For more serious offenses, however, especially those requiring multiple court appearances or longer trials, the bail bond could last over a year.
The bail bond is in effect for the whole duration of the case. If the defendant fails to appear in court when required, at any time, the bond may be forfeited, meaning the bail bond agency must pay the full amount of the bail to the court, and the agency will often pursue the defendant to recover that cost.
Timing Matters: How Long to Get out of Jail After Posting Bail?
How long it takes to get out of jail after posting bail typically depends on a few factors, like the time of day and what jail it is at. Posting bail during regular business hours with no complications in the paperwork can see them released in 2-to-6 hours. For larger or busier jails, it can take up to 12 hours.
Additionally, if the defendant is arrested during a particularly busy period, such as on a weekend or during a major holiday, there may be delays in the release process due to the limited staff available to handle the necessary procedures.
In some cases, a person might be transferred from one jail to another before being released, which can add more time to the process. While the goal is to expedite the release as much as possible, the defendant should expect that unforeseen delays can occur.
Holding Period: How Long Can Jail Keep You After Bond is Posted?
The jail is expected to process the defendant’s release after bail is posted, but there’s no specific legal requirement on how quickly this has to happen. Typically, the process is completed within several hours, but delays can occur, especially if there are issues like a high volume of arrests or staffing shortages.
It’s rare for jails to keep someone for more than 12-to-24 hours after bail is posted. If this does happen, it’s often due to other issues like unresolved warrants or additional charges that have to be addressed before the defendant is released.
If there is an unusual delay in release, a defendant’s attorney or the bail bond agent can contact the jail to inquire about the status of the release and address any potential issues that may be causing the delay.
The amount of time it takes to post bail and secure a defendant’s release depends on a few things, such as the nature of the offense, when bail is set, and how busy things may be at the jail at the time. The usual timeline is around 2-to-12 hours, but complications or busy circumstances can make this take longer.
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