If your loved one is arrested, one of the first things you will likely think of is how fast they can secure their release from custody. This thought is logical when facing the terrifying possibility of your loved one’s detention. Some people make hasty decisions to see their loved ones out of jail as soon as possible. For example, they may rush to bail out before the court. However, the steps you take after your loved one’s arrest are incredibly essential, and you should not take them without thought.
You Can Bail Out Before Court
Bail refers to the property or money you deposit with the court to secure your loved one’s release from custody pending the resolution of their case. This property or money is not a punishment or penalty. Instead, it is a promise that the defendant will appear at all required court hearings about their case. If the accused attends all proceedings, the court returns the bail amount to you upon conclusion of the case. And if the accused fails to appear, you may lose the bail money to the court.
Posting bail right after your loved one is booked and before their arraignment is possible. California courts have bail schedules, which list predetermined bail amounts for different crimes in every county.
After your loved one undergoes police booking, the arresting officer can check the bail schedule to see how much your loved one needs to post. If your loved one’s crime is included, you can pay the corresponding amount right away, and your loved one will be released. That means your loved one will not have to wait to be arraigned in court or for a judge’s order for a release.
Another instance in which you may bail your loved one out before court is when they have an outstanding warrant against them with an imposed bail amount. A bail value might sometimes be listed in an arrest warrant. If that is the case, you may pay the bail amount at the time of arrest. This will help you avoid waiting for the arraignment. For less serious cases, courts impose bail in advance. Paying the bail amount immediately leads to a quicker release from jail, preventing the suspect from spending unnecessary time in custody.
Should I Bail Someone Out?
Many individuals panic when their loved one is arrested and immediately start raising the money to bail them out, or, if they cannot raise the funds, retain the first bondsman they encounter to help their loved one secure their release from jail. This is not the ideal option in many instances. Here are the factors to consider when contemplating bail before the first court date.
Consider Hiring a Lawyer First; You May Qualify for a Lower Bond Premium
If you hire a bail bond company, chances are you will pay a premium of 10%, depending on the bail value. That means if your loved one’s imposed bail amount is $100,000, you would need to pay $10,000 to the bondsman for them to post bail for you. However, should you hire an attorney before you contact a bond company, you may qualify for a discount. In this case, you may need to pay just 8%. For example, if your loved one’s bail is worth $200,000, you may save $4,000 in bond premium by hiring a lawyer.
It is essential to understand this before hiring a bondsman, as you will not receive your cash back after paying the bond company its fee.
Even if it is cash bail you wish to pay, a lawyer can help the defendant negotiate for a lower amount during an arraignment or bail hearing. This way, you will pay a lower amount than you would have paid had you decided to bail out before court.
Waiting Until Court Before You Post Bail Is Better
Depending on the case facts, the issue of bail can at times be raised during your loved one’s first court appearance. Should this happen after already posting bail, chances are you would have paid a significant amount of cash for just short-lived freedom.
In most instances, bail before the first court date is not a good idea. Some good things can happen if you wait until after the arraignment. For example:
- Your lawyer may speak with the prosecutor and successfully convince them to dismiss the case without filing charges. If that occurs, the police will release your loved one within 48 hours of their criminal arrest. In this case, you will not have paid any bond premium or bail.
- At the arraignment hearing, your lawyer can persuade the presiding judge to reduce the bail amount or release the defendant on their own recognizance (O.R.). An O.R. release means your loved one is set free without paying any bail. They are only required to sign a note promising to appear in court when needed.
- In some jurisdictions, your lawyer can visit your loved one in jail and learn about their background and case facts. The lawyer can then contact the detention release officer on duty and request that they lower the bail amount or release your loved one without posting bail. This usually happens before the arraignment date, likely within hours of arrest.
You should wait until after the arraignment to post bail, since the bail value will likely increase at the hearing. Should this happen, and you had paid a bail bondsman the bond premium, you would have wasted that amount of money since your loved one would be taken back to jail when the court judge increases bail.
Hiring an Attorney Before Bail Can Significantly Affect Your Loved One’s Case
A defendant can secure their release from jail through two other ways:
- Cash bail payment. Here, you visit the jail facility and post the whole bail amount using cash, a credit card, or a cashier’s check. Therefore, if your loved one’s bail amount is $100,000, you must post the full amount for your loved one to be released. In this case, you will not pay the bondsman any funds. However, the court will hold on to your $100,000 until the defendant’s case is resolved. Usually, you will receive your funds back within 6 to 10 weeks once the case ends and the defendant has appeared in court as required.
- Property bond. Posting a property bond is much more intricate and takes longer to finish. The reason anyone would choose to post a property bond is that they will not pay a bail bondsman any cash. They will need to give the court a deed to their asset. The property’s equity must be twice the bail value. For example, if bail is $60,000, the property you provide as a property bond must have at least $120,000 in equity. This necessitates that the property undergo an appraisal first before the court can accept it.
Your attorney can then request the court to take the property as a bond. If the court grants a property bond, your loved one will be released from jail. No bondsman receives any payment. However, you must know that if the defendant fails to make all court appearances, the court may assume ownership of your property. It can sell it to recover the bail amount.
Pros and Cons of Bailing Out Before Court
Bailing someone out before a court reviews their case is both beneficial and detrimental. The advantages of bail before the first court date include the following:
- Quick release from jail. Spending time locked up can be stressful for your loved one. Thus, if your loved one is arrested, you are right to want your loved one to leave jail as soon as possible. Bailing the loved one out before court can mean the difference between them securing their release on the same day they were arrested and staying behind bars a little longer. This minimizes stress and enables them to go home sooner.
- Ample time and space to prepare for the case. When a defendant is released from jail early, they have a greater chance to develop their defense strategy. They can hold a meeting with a lawyer, speak to witnesses, and gather evidence. Doing all these things when locked up is challenging. That is because cells usually have surveillance systems.
- Maintaining family and work stability. A quick release from jail helps safeguard an individual’s family life and job. Missing work for several days can cause issues with employers. Being free also enables the accused person to take care of their family and other responsibilities.
- Improved impression before the court. Attending a court arraignment from home rather than being transported from jail in a uniform can give a better impression to prosecutors and judges, showing community ties and responsibility.
- Avoidance of high-stakes bond hearings. When a defendant secures their release before arraignment, they may avoid a contested bail hearing in which the prosecution may argue for a higher or unpayable bail value.
- Discretion and privacy. Being released before arraignment allows the accused person to keep the arrest more discreet, safeguarding their reputation among family, friends, and coworkers.
Apart from the pros, there are also cons to bailing out before court. These include the following:
- Wasted cash on a nonrefundable premium. If you hire a bondsman to help you post bail before court, the 10% fee is nonrefundable even if the judge dismisses the case during the arraignment.
- Missing an opportunity for a lower bail amount. If you wait until your loved one’s arraignment hearing, a judge might lower the bail value or release your loved one O.R., depending on factors such as community ties, flight risk, and the inability to pay.
- Overpaying contingent on rigid schedules. The bail schedules posted at jails are typically inflexible and dependent only on the alleged charges. The amount herein may be higher compared to what the judge would set after reviewing the case facts.
- Ignorance of the strength of the case. Posting bail before court means posting before a lawyer has had a chance to analyze the charges, which could result in posting bail for a person who may have been released free of charge or whose case is weak.
What Happens If You Do Not Post Bail?
If you choose not to bail out before court, the arresting officer will place your loved one in a holding cell, and then they will be arraigned in court within 48 hours. During arraignment, the presiding judge will read the charges against the defendant and ask them to enter a plea. If they plead guilty or no contest, their case will proceed directly to sentencing. However, if they plead not guilty, the judge may set bail. In setting bail, they will consider various factors such as
- The accused person’s risk of flight
- Their criminal history
- The nature and severity of the crime
- Their likelihood of paying the bail amount
- The possibility that they will appear in court
- Community ties
- Public safety
Once the judge sets bail, you can post the amount. You can pay with cash (cash bail), property (a property bond), or by hiring a bail bondsman (a bail bond). If you do not post bail after the judge sets it, your loved one may have to wait in jail until the court resolves their case or until you raise the required bail amount and post bail. If the bail amount is too high, the defendant’s lawyer can request a bail hearing and argue for a reduction.
Find an Experienced Bail Bond Service Near Me
Whether you should post bail before the first court date can be a life-changing matter, so you want to weigh the pros and cons to help you make an informed decision. And if you wish to secure a bail bond for your loved one, we at Balboa Bail Bonds can help you. Our skilled bondsmen have been posting bail for people charged with crimes in California for decades. Not only that, but they will also guide you in making the right decision on what time is best to post bail. Contact us today at 619-760-2222 for fast, transparent, and affordable bail bond services.