Bail allows the defendant to obtain a pretrial release until trial. Nevertheless, most defendants wonder how long they will remain out on bail. The duration you remain out of custody depends on court schedules, your adherence to bail conditions, and the nature of your criminal charge. Additionally, the judge has the discretion to analyze and modify your bail. If you break your release conditions, the court will revoke the bail and issue a bench warrant for your arrest.
Case Length by Charge Type
Article 1, Section 15 of the California Constitution and the Sixth Amendment to the United States Constitution grant defendants the right to a speedy trial. They ensure that criminal cases do not linger in the California criminal judicial system indefinitely. However, the duration of criminal cases varies depending on the following factors:
- Type of the criminal charge
- The severity of the crime
- Your criminal history
- The form used
- Your previous record of attending your court proceedings
- Trial date and whether you request a speedy trial
- Whether your trial is delayed
Working with a bail bondsman with a good working relationship with prosecutors and judges can assist you in negotiating better bail terms.
Felony vs. Misdemeanor Timelines
An arraignment is the initial court hearing that happens after your arrest. It happens within 48 hours of your arrest. During the hearing, the judge will tell you of your criminal charges, advise you of your legal rights, allow you to take a plea, and set your bail amount.
If a defendant has been prosecuted for a misdemeanor, the arraignment should occur within 48 hours of arrest if they are in police custody, or within 10 days if they are not. Per California Penal Code Section 1382, you are entitled to a trial within thirty to forty-five days of the arraignment.
If you are prosecuted for a felony, the arraignment will be either 48 hours after the arrest or many months later. You are entitled to a trial within sixty days of the arraignment for the felony crime.
You can waive your Sixth Amendment entitlement to a speedy trial if your lawyer requires time to gather evidence, prepare testimonies, interview witnesses, and perform further research.
Before your trial, you can settle your misdemeanor charge. A felony will undergo a pretrial conference and preliminary hearing to address outstanding legal issues or engage in settlements with the prosecution team to resolve your criminal charges before trial.
If the criminal case continues to trial, twelve jury members will evaluate the evidence to determine whether you are guilty or not. If you are found guilty, or if you enter a no-contest plea or a guilty plea as part of a plea bargain, your case will be sentenced by a judge.
Case Continuances and Court Delays
Court delays and continuances can affect how long you remain free on bail. Rescheduled court trials delay bail repayment.
Court delays and continuances are more likely if your criminal case is ongoing. Forensic scientists and law enforcement might need more time to gather evidence for the case. Additionally, witness availability could be an issue. It could take law enforcers more time than expected to locate witnesses due to illness, work, or relocation.
The court system backlog can also affect how long you stay out. The judge might be unavailable, or there could be many pending cases.
Bail Bonds Duration Explained
Bail is the funds you pay to the court to secure your pretrial release. If the judge sets bail at an amount that is too expensive for you to afford, you can consult a bail bondsman. With the help of your bail bondsman, you can stay out of detention from the time they post your surety bonds until the criminal case ends, either through a plea bargain, the sentencing phase, or a trial. Nonetheless, there is no guarantee that you will stay free until your case is resolved.
Other factors that affect the duration of your bail include the following:
- Adherence to your release terms — Complying with your bail terms is a primary factor that impacts your stay out of police custody. The court and the bail bondsman require you to meet the conditions set by the judge. Some of the terms include stay-away order, travel restrictions, refraining from interacting with specific persons, surrendering your weapons, and following curfew.
- Showing up in court — Making court appearances is compulsory when you obtain a pretrial release on bail. Missing a court hearing can lead to the judge issuing a bench warrant against you and forfeiting your bail bonds.
- Severity and type of your criminal charge
- New legal violation or arrest — An additional criminal charge or new arrest can impact the duration of your release on bail. The court will take the new criminal charge seriously, even when it is unrelated to your original charges. The additional charge could imply that you are not following court procedures and could lead to an arrest and the likelihood of the court denying you bail in the future.
Staying out on bail allows you to continue working and build your case defense. Some of the tips you can use to help you remain out of detention longer include the following:
- Appearing in your court hearings
- Abide by your bail terms
- Maintain open communications with your defense lawyer following your release. The attorney will remind you of your court dates and ensure you understand your release conditions.
- Avoid violating another law.
- Communicate regularly with your cosigner.
- Notify your bail bondsman, the court, and the attorney of changes in your phone number or address. Courts inform defendants of scheduled court dates by phone call or mail. Failing to receive a notice can lead to jumping bail and potentially bail revocation.
Contact an Experienced Bail Bonds Firm Near Me
After your arrest, securing your pretrial release is your priority. The duration from your arrest to trial can range from weeks to years, leaving you wondering about your bail bond’s duration limits and how long you can stay free. While every case is unique, various factors affect the duration you stay free before trial, including court delays, the complexity of your criminal case, and the type of criminal charges.
Balboa Bail Bonds can help you secure a prompt release, understand the complicated California criminal judicial process, and adhere to your bail conditions to avoid bail forfeiture. Please contact us at 619-760-2222 to schedule your case review.