1. Bail in California: Understanding the Basics
Bail for all the most heinous of crimes is according to law now outlawed in the state of California. The reason for this is that charging cash bail for release from prison penalizes the poor, making the system unfair.
However, in practice, every city and state in California is not using the Zero Bail system. Many cities in LA, as well as in San Diego are some of the most prominent rejectors of this law. That means when it comes to bail things can get complicated depending on where you are located. Fortulay, a good bail bondsman can help you navigate the tricky waters of cash bail in California no matter what city or county you are located in. Read on to find out more.
2. How Does Bail Work in California? Explained
In a location that still offers the option of bail, the traditional system applies. This means you can post bail in the normal ways including cash, property, and via bail bond.
However, in a location that abides by the new Zero Bail law, a defendant will not need to pay. post bail to be released from jail before their trial (unless that crime is particularly serious) Instead if a person is charged with some specific non-violent felonies or a misdemeanour they will either be booked and released at a sheriff's station or police station with instructions for their arraignment, or cited and release back into the field.
It is worth noting that any arrestees who are seen as a risk to the public or have an increased chance of fleeing will have to go before a magistrate. The magistrate will then assess their risk deciding whether to retain them in custody or impose non-financial restrictions such as electronic tagging.
3. California Bail Laws: What You Need to Know
Technically California is a Zero Bail state. This means in many areas of the state, financial restrictions relating to being released from prison before an arrestee’s trial are removed in all but the most serious of cases.
However, in practice, the process of bail is still in use in many areas of the state including a range of L.A. cities. In such cases, arrestees may be granted pre-arraignment bail if they are deemed to neither be a flight risk nor a risk to the public.
4. Navigating the Bail System in CA
With the bail system in CA being so diverse and complicated right now, the best way to navigate it is with professional help. Indeed, a bail bondsman can help you determine whether you are in a location where you can get bail, or whether you can expect non-financial restrictions to be a condition upon your release.
Additionally, an expert bail bond agent can help you navigate the specifics of your situation, and determine whether your past actions, criminal record and type of crime will impact your likelihood of being released from jail before your arraignment.
5. Exploring Bail Options in California
Bail bonds
For the areas which are not operating on Zero Bail in California, securing bail via a licensed bail bondsman is the most common option. The main benefit of paying your bail through a bondsman is you’ll only need to pay them around 10% of the bail amount, rather than having to find the total amount in cash. This means that even if you cannot afford your full bail amount you can pay it and get released before your trial.
It's important to remember that if your bail is set at a high amount your bondsman may require additional reassurance that they will not lose their bond. This may include wearing an ankle monitor.
Additionally, if you want to make sure that your bond is as low as possible, show how you are making plans to deal with your trial such as appointing a lawyer. This demonstrates you are less likely to be a flight risk, and so are a safer investment for a bondsman.
Cash bonds
Another bail option in California is a cash bond. A cash bond is where you pay your entire bail amount in full, in cash. Thereby demonstrating that you plan to attend your court dates. Once you attend your court dates your cash bail will be returned to you within a few days. However, if you do not show up in court then you will lose your entire amount.
To submit a cash bind you will need to demonstrate that the money you are using is not related to any criminal acts.
Property bonds
Essential property bonds work in the same way that cash bonds do. But instead of paying with cash you use the value of real estate you own against the bond. If you do not attend your court dates you will lose ownership of that real estate.
6. What to Expect with Bail in California
You can expect the bail process in California to look something like this:
1. You are arrested and booked
If you find yourself being arrested you will likely be taken to a police station where they will complete the administrative tasks related to your arrest. This is known as being booked. Being booked involves getting a background check, and having your fingerprints taken. It can be a lengthy process, sometimes taking up to 6-8 hours.
2. Bail is set according to a formal schedule
After you have been formally booked, bail can be set. The cost of your bail will depend on a range of factors including the severity of your crime and your criminal history, and how these things compare to the formal bail schedule. The bail schedule is a document that determines the bail amounts for specific crimes.
3. Decide how to pay your bail
Once your bail is set you can decide to either stay incarcerated until your arraignment or pay your bail and get released. If you want to do the latter then you’ll need to decide whether you wish to pay your bail in full in cash, whether you wish to use real estate against your bail, or whether you will use the service of a bail bondsman. The latter is the cheapest option as they only require you to pay 10% of the bond before being released.
3. You make bail
If you choose to use cash to pay your bail you will need to be able to prove that it comes from legal sources.
If you choose to work with a bail bondsman then they will provide you with a contract to sign. You can sign the contract, or a loved one or even a friend can, but whomever signs will be responsible for paying back 100% of the full bail amount to the bondsman, if the arrestee does not show up for their court appearances.
Once you have completed your bail arrangements, bail can be posted 24/7 in California which will ensure your fast release.
7. CA Bail: Your Questions Answered
Q: What is the difference between bail and bonds?
A: A bond is a contract made between the arrestee and the bail bondsman whereby the latter agrees to post bail for the former. Usually, this entails paying the bondsman 10% of the overall bail value upfront.
Bail is the amount of money the court has decided you need to pay to be released from jail before your court date. If you cannot pay this or get a bond you will have to stay incarcerated until your arraignment.
Q: Will bail bondsmen accept things other than cash as collateral against a bond?
A: Yes, many bail bondsmen will accept items of significant value instead of cash when it comes to covering a bond. Such items may include jewelry, vehicles, stocks and bonds and even credit card payments. However, if a defendant skipped their court date, these items would be at risk of being seized.
Q: Once bail is posted, how long does it take to be released?
A: Release times differ across the state depending on the county and city involved. However, you can expect them to be around 2-10 hours. California allows bail to be posted 24/7 so the time between posting and being released tends to be based on factors such as how busy jail staff are, and how big the jail is.
8. A Closer Look at Bail Laws in California
The Bail Reform Act continues to be resisted in many places in California, not least in the following L.A. cities: Arcadia, Artesia, Covina, Downey, Glendora, Industry, Lakewood, La Verne, Palmdale, Santa Fe Springs and Vernon. What this means is that bail in California can be a confusing issue both for those looking to get out of jail before their arraignments, and their family and friends looking to help them out in their time of need.
It's also worth noting that while many places in California are adhering to the Zero Bail Act, it only applies to a predetermined selection of non-violent crimes and misdemeanors. What this means is that if your crime is significant serious or violent then even in a Zero Bail zone you may need to go before a magistrate and adhere to the restrictions they place on you to be released.