Once you have been arrested in the State of California, a bail hearing will determine how much money must be paid to secure your release from custody. Given that the amount is likely to be a five-figure fee, though, you may be left asking what happens if you can’t post bail?
Here at Balboa Bail Bonds, our bail bonds in San Diego County and the surrounding areas of California provide an alternative solution. Before using our services, though, you may want to learn more about what happens if you don’t post bail. Here’s all you need to know.
Can’t Afford Bail: What Happens Next?
Not every defendant is given the opportunity to post bail. Nonetheless, you will almost certainly be granted bail unless you are considered a flight risk or a threat to the public. While each case is judged on its circumstances, the average cost of bail in California is $50,000. So, what happens if you can’t post bail due to a lack of funds or the ability to access capital due to factors like being arrested at night?
If you cannot post the cash bail figure, another option is to use property as collateral. In this instance, though, the value of the real estate asset must be at least twice the cost of bail.
After posting bail, defendants are released from jail and regain their freedom until their trial date. Assuming that they attend the necessary court hearings and satisfy the other bail requirements, their bail money will be returned 30 days after the trial has ended. While bail money is returned regardless of the trial verdict, the California Courts will subtract court fees before returning the funds.
When you fail to post bail, though, you are required to remain in custody until the trial, as well as throughout the trial. Unfortunately, this can have a hugely detrimental impact on your personal and professional life even if you are later found innocent at trial. Some repercussions include strained relationships, job losses, damaged reputations, and financial problems. This is in addition to the potential safety risks posed by other inmates.
Jail Stay Without Bail: How Long Can It Be
After learning that you will remain behind bars until your trial date after not posting bail, the next question is how long do you stay in jail if you can’t make bail?
Once again, every case is unique so there is no exact timeframe. However, defendants held in custody for crimes in the State of California are supported by the right to a speedy trial. This states that anyone held in custody on suspicion of a misdemeanor can start their trial within 30 days while defendants facing felony charges can begin their trial within 60.
Whether it’s 30 days or 60 days, this time in jail can have significant consequences. Worse still, you can’t get that time back even if you’re found innocent. It should also be noted that defendants who have not used their right to post bail additionally remain behind bars during the trial. Depending on the nature of the crime and the complexity of the case, this could take weeks or months.
So, if you wish to avoid spending an extended period behind bars, finding an alternative way to post bail is essential.
No Bail Support: What Are Your Options?
Despite the fact that the California Supreme Court ruled that “conditioning freedom solely on whether an arrestee can afford bail is unconstitutional”, the harsh reality is that many defendants are still unable to post bail for themselves as they are unable to access the level of funds needed. For many, the next step is to ask a loved one for help, but what happens if no one bails you out of jail?
There are other options if you can’t find a cosigner to post bail for you. One solution is to arrange an Own Recognizance release, also known as O/R, which is when you are allowed out of jail without paying bail. You are still technically in custody and will be bound by house detention and curfews while also having your movements monitored at all times. In truth, though, O/R is only offered to a small percentage of defendants.
Therefore, a far more common solution is to use a licensed bail bondsman. A professional bondsman will advise the courts that they will take responsibility for your bail agreement. In return, you pay a non-refundable fee to the bondsman known as a premium, which is typically 10% of the bail amount. So, if bail has been set to $50,000 there will be a $5,000 payment.
Bail bondsman services do save you from the court fees as the bondsman covers this while 0% interest repayment plans provide added flexibility, enabling you to get out of jail with a minimal payment today. The process works as follows;
- Call the bail bondsman with details about the bail amount and which jail you are held at.
- Arrange a repayment plan and then let the bondsman call the courts to secure your quick release.
- Continue to make repayments and attend court hearings while out on bail to avoid legal repercussions.
Bail Default Consequences: Unpaid Bonds Explained
Bail bonds allow you to avoid fears about what happens if you can’t post bail, but you are required to pay the bonds as agreed. Likewise, you have to attend court hearings and accept any restrictions, such as staying within the State of California.
If you fail to make repayments or show signs of taking flight, the bail bondsman can surrender the bond. At this time, the courts will issue a warrant for re-arrest. If necessary, the bail bondsman may hire a private investigator to find the defendant and bring them back to custody, charging the defendant for this service in the process. Once back in custody, you will have to remain behind bars just as if you hadn’t posted bail in the first place.
However, as long as you keep to the scheduled repayment plan and satisfy the terms of bail, you can continue your life as normal and prepare for trial. To find out more about your bail options and secure your release from jail within hours, contact the Balboa Bail Bonds team today.
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