An arrest in California can result in lengthy jail time, especially if you are jailed pending a trial and conviction. Fortunately, you can shorten your stay in jail by posting bail. The law allows defendants to obtain a pretrial release before a sentence to reduce congestion in the local and state detention facilities and ease the taxpayer’s burden. Bail grants you freedom before the trial, allowing you to return home and prepare well for the prosecution. However, only those who can post bail in cash or use bail bonds can enjoy this freedom.
The police, prosecutors, and judges use bail schedules to determine how much money you should pay the court to obtain a pretrial release. They use bail schedules as guidelines, and judges can adjust the amount according to the case details.
California bail schedules are usually predetermined according to the nature and severity of crimes prohibited under the law. There are different aunts for infractions, misdemeanors, and felonies. You need this information to prepare for your bail release. A reliable bail bondsman can help you understand how bail is set in California and how you obtain a pretrial release if you struggle financially. Working with a bail bondsman significantly speeds up the process, reducing jail time.
An Overview of California Bail Schedules
When the police arrest you for a crime, there is usually no certainty that you are guilty of your charges. The law requires a fair trial and a conviction before sentencing. A fair criminal trial will take time before the police, prosecutor, and defense team prepare their case. The police must investigate the crime and gather enough evidence for the prosecutor to obtain a guilty verdict. You need time to plan your defense. Since this can take several days, weeks, or months, there is usually a need for a pretrial release.
According to the law, it will be unfair for defendants to remain in detention before being determined guilty through a fair trial. Judges are required to grant pretrial releases to defendants. However, they need a guarantee from the defendants that the defendants will show up in trial and all subsequent hearings regarding their case. This is the essence of posting bail for a pretrial release.
The amount must be substantial to serve its actual purpose. If you pay a high amount to be freed after an arrest, the court will keep the money and return it to you after a successful trial. However, you lose it all if you fail to appear or vacate your bail release in any other way.
Courts do not have to determine your bail every time someone is arrested. They use bail schedules, from which they can choose the amount you must pay based on the details of your charges. A simple misdemeanor will result in lower bail than a violent felony. This is because judges consider the severity of a crime when setting bail on bail schedules. Thus, a bail schedule provides predetermined amounts for various crimes. Each zone has a bail schedule that courts within that area use to set defendants’ bail.
With a bail schedule in place, a defendant can tell how much they will likely pay to regain their freedom after an arrest. The schedules are accessible by the police, prosecutors, and court clerks. You can ask your arresting officer how bail is set in California and how much your bail will likely be after your arrest. However, the judge sets the final amount of your bail. They can deny you bail, leave the amount as it appears on the bail schedule, or increase or lower it. Judges have absolute discretion in setting a defendant’s bail according to their case details, criminal history, and community ties. You will start preparing to post your bail after your initial arraignment when the judge determines your exact bail.
How Bail is Set in California
Remember that courts do not receive bail as payment from defendants but as collateral for a pretrial release. The court holds the money and returns it in full after the case. However, you must adhere to strict terms and conditions when posting bail in California. The most important is that the court will forfeit your bail if you violate your pretrial release. This can happen if you fail to appear at a scheduled hearing. You receive nothing back after the trial when the court forfeits your bail. Considering how expensive bail is since courts set bail amounts by offense, this will be significant to you or your family.
California judges and other stakeholders develop a bail schedule for a particular region. All courts within that region will use the same schedule to determine bail amounts for anyone arrested within a specific time. The people who develop bail schedules consider the following factors:
Severity of Crimes
Generally, these schedules contain bail amounts by offense. Remember that people commit all kinds of crimes in California. Some crimes are more severe than others. Some people commit infractions, others commit misdemeanors, and others commit felonies. The judge must consider the severity of a crime to determine how much a defendant must pay to obtain a pretrial release.
Bail schedules only contain bail amounts by offense, mainly for crimes with a jail or prison sentence. Thus, infractions do not necessarily require bailing out since no arrests are involved. Infractions are less severe crimes that are mainly punishable by a court fine. Instead of arresting you for an infraction, the police write you a citation to appear before a judge and pay a particular fine. You do not need to post bail for an infraction.
For misdemeanors and felonies, bail is generally required to secure pretrial release. Misdemeanors are less severe than felonies. The amount of bail for these crimes depends on the severity of your crime. Remember that some crimes are more severe than others. A simple misdemeanor will have lower bail than a grave misdemeanor. An ordinary felony will have lower bail than an aggravated felony. Generally, felonies have higher bail than misdemeanors. If there are aggravating factors in your crime, like a bodily injury, death, or involvement of a minor, your bail will be higher.
A Defendant’s Criminal History
Other than setting bail amounts by offense, judges also consider a defendant’s criminal history when setting bail. Having a prior conviction on your record for a crime like DUI makes your current charges graver. This will result in a higher bail. First offenders for simple misdemeanors like assault can be released on their recognizance. However, if you have a history of assault, you will likely pay a higher bail, even if your case details are for a simple misdemeanor. The fact that you have one or more prior convictions for the same or similar offense makes your crime severe.
During your initial arraignment, the judge will consider your criminal history when determining the bail you must pay. Even after reviewing the bail schedule, the judge can set a different amount based on what the police find after running a background check on you. Thus, the bail on the schedule may be insufficient if you have a severe criminal history.
A Defendant’s Community Ties
Community ties refer to a defendant’s connection to their community. They are what keep the defendant within that particular community. This is an important factor when setting bail as it determines a defendant’s ability to remain within the community after a pretrial release. If you have weak ties to your community, you can flee after your release, making it difficult for the court to hear and determine your case within the stipulated time. It also gives additional work to the court since the judge has to issue a warrant for your re-arrest.
Although this factor is not considered when establishing a bail schedule, the judge must consider it when granting you a bail release. Defendants with a weak community tie can be denied bail or receive a higher bail than those with a strong tie. You are considered to have a strong tie to your community if you have a stable business, job, or family within the community. If your community tie is weak, a higher bail can keep you within the court’s jurisdiction to avoid losing a substantial amount to the court.
The Benefits of California Bail Schedules
After an arrest in California, it is helpful to consider your eligibility for bail to reduce your jail time. Remember that an arresting officer keeps you in jail after the booking process to await further communication from the judge. You could end up in jail even after your initial arraignment if you are ineligible for bail or cannot post the required amount.
The essence of a bail schedule is that it provides the information you need to prepare for your pretrial release. The bail schedule provides an estimated amount of the bail you must pay for your crime. The judge can increase or lower it during the initial hearing.
A bail schedule prepares you for what to expect during the initial hearing. The judge will raise the bail matter if you enter a not-guilty plea after the prosecutor reads your charges. This plea means that the case will go to trial. The judge must determine what will happen to you before the hearing. If you qualify for bail, they will review the bail schedule and set the amount according to your criminal history, case details, and community ties. They can leave the bail as it is on the bail schedule or increase or lower it. If the bail for your particular charges is high on the bail schedule, you will know exactly what to expect during this hearing.
A bail schedule also prepares you for a defense. Although defense is usually used during a case hearing or actual trial, it can start as early as during your initial hearing. If your bail is more than you can afford, a proper defense can compel the judge to reduce it or release you on your recognizance. You can hire a defense attorney after your arrest, although the court may not appoint one for you until after your initial arraignment. However, they must use a compelling statement or introduce mitigating factors in your case for the judge to reconsider your bail.
How California Bail Schedules Help Bail Bondsmen
Bail bondsmen play a critical role in the criminal justice system. They provide financial assistance to defendants who qualify for a pretrial release but cannot afford to post bail. Since bail is usually expensive, it is unaffordable for most individuals and families. Bail bondsmen help all defendants obtain a pretrial release by posting surety bonds and helping them through the complex bail process. However, they use the local bail schedule to determine your bail for prior preparation before starting the bail process.
If you want an easier or quicker release from jail after an arrest, you should work with a reliable bail bondsman. Bail bondsmen are usually prepared for matters like these. They will quickly swing into action to reduce your time in jail and ensure a smooth process. Your bail bondsman will rely on the bail schedule to determine an approximate bail amount for your charges. With that information, they can prepare your bail release before your initial appearance. Then, it will only take a few minutes to process your release after the initial hearing.
Thus, if you want to return quickly to your job, business, or family after an arrest, you will hire a bail bondsman immediately. Provide them with all the information they need to start your bail process. Experienced bail bondsmen can access the local bail schedule to determine the approximate amount of your bail according to the information you provide. They will use that information to prepare your paperwork for a timely release.
Find an Experienced Bail Bondsman Near Me
Understanding how bail is set in California is critical for everyone arrested or families whose loved ones are charged. This information will prepare your mind for what to expect after the initial hearing when the judge sets bail. When you know how much you should pay for a pretrial release according to the details of your crime, you can start planning your bail release. This will speed up the bail process, reducing your stay in jail.
However, things can be a lot easier with the help of an experienced bail bondsman. We use bail schedules to prepare your pretrial release at Balboa Bail Bonds. We start our clients’ bail processes immediately after your arrest to reduce your stay in jail. Call us at 619-760-2222 to learn more about bail schedules and our services.
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