California implements a bail system to ensure that people arrested and charged with crimes appear in court for their trial. The payment acts as an incentive to ensure defendants follow the legal process. Courts hold the bail until the charged person completes their court duties, after which they release it back to them.
Defendants in California can pay the bail themselves to secure their release from jail or get a family member, friend, or bail agent to do it for them. Regardless of who pays, courts will only release bail money back to the person who paid it if the defendant attends their trial. Therefore, third parties have a financial incentive to ensure the charged person meets their legal obligations.
California uses a bail system similar to other states. However, it has some unique features, making it different from elsewhere.
This post will describe what the bail system is and why California uses it. It will also explain various factors determining how much bail you pay and how to pay bail. You’ll also learn about the consequences of failing to appear in court and when judges may not require bail at all.
Why Is the Bail System Used In California?
California uses the bail system to strike a balance between granting defendants freedom and ensuring they show up to their court dates. Courts want to ensure people attend their trials but don’t want to hold them in jail cells for several weeks or months before their trial date on charges alone. Upholding the “innocent until proven guilty” maxim is essential.
When law enforcement arrests someone and the charge is severe enough, a judge will set bail. In California, judges follow a bail schedule to determine the bail amount. Bail is usually between $5,000 and $100,000 for most crimes but can be higher.
For some charges, such as murder, judges may refuse bail. That’s because they perceive the risk of the defendant fleeing as too high.
Bail amounts vary according to various factors, such as the defendant’s criminal record, which we discuss below. However, regardless of the bail amount, all defendants can get assistance from bail agents to reduce the upfront cost of securing release from jail.
To summarize, here are some of the key reasons why California uses the bail system:
- It increases the incentive for people accused of crimes to appear in court
- It helps those charged with crimes continue with their regular work and family lives
- It may enable defendants to take part in pretrial diversion programs to reduce the chance of a criminal conviction
How The Bail System Works In California
Defendants arrested in California go through a four-step process.
1. Arrest and booking
The first step is the arrest and booking. Police officers will usually take the defendant to a jail or police station and formally charge them with a crime. Once there, they will take their photograph, fingerprints, and mugshot. Arresting officers will then gather information about the person’s history and role in the community, building a picture of who they are and whether they have been in trouble with the law before.
2. Bail hearing
In California, defendants will receive a bail hearing within 24 hours of arrest. Judges use the bail schedule and information about the charged person to set a bail amount – how much they need to pay to secure their release from jail.
Bail hearings happen rapidly to support the defendant’s rights. The presumption of innocence says a person is not guilty until proven in court.
3. Posting Bail
The next step is to pay bail. This part is optional. Defendants can choose not to pay any cash to the court, but this usually means they must stay in jail.
There are three main options for posting bail if the defendant decides to pay it:
- Paying directly from savings or investments
- Getting a family member or friend to pay
- Using a bail agent to pay
Bail bondsmen pay the bail in full and then charge the defendant a small amount for the service, usually less than 10% of the bail amount. Finance is available for bail bonds if the defendant cannot pay the bond in full.
4. Court appearance
The last step is the court appearance. Defendants must attend all court dates. If they do not, they forfeit the bail bond. Even turning up to court a few minutes late can trigger forfeiture.
Posting Bail
Defendants in California can post bail in several ways. Those paying by cash can use a money order, traveler’s check, or cashier’s check. They can also pay a personal check to the court clerk or arresting agent.
Paying by cash is sometimes impossible because arresting officers confiscate personal items for evidence collection purposes. Moreover, defendants may not have sufficient money in their accounts to meet bail payment obligations immediately.
Courts will not accept bail if they believe the funds are proceeds from criminal enterprise (such as selling illegal drugs). They may also be suspicious of bail money paid by friends, as they could have obtained it through illegal means. Hence, defendants must often go through a lengthy process of proving the money they post is legitimate.
The most popular way to post bail is through a bondsman because it side-steps this issue. Defendants pay a fixed, non-refundable fee in exchange for the bail agent taking on the risk of paying the bail.
For most defendants, using bail bondsmen is the most cost-effective and efficient route. Professionals can provide cash quickly, allowing charged persons to return to their regular lives, often within 24 hours of arrest.
What Factors Determine The Bail Amount In California?
Several factors determine the bail judges set in California. These generally relate to the defendants’ “flight risk,” or how likely they are to flee the state or not attend their court date.
Here’s a quick rundown of some of the factors affecting bail amounts in California:
- The defendant’s criminal history – judges may set higher bail amounts to encourage defendants not to commit additional crimes while on bail.
- The defendant’s ties to the community – a defendant with a job and family in the state is less likely to flee.
- The defendant is a flight risk – judges may post high bail amounts if the person has a history of skipping court appearances.
Judges have descretion over bail cases in California and can deny bail entirely in some cases. While outright denial is unlikely, it is more likely to occur if the judge believes you will commit another crime while on bail. They will also refuse bail if you violated your parole or probation.
By contrast, some judges may grant zero-dollar bail in exceptional circumstances. Poorer defendants and those without criminal records are more likely to qualify.
What Are The Conditions Of Bail?
Sometimes, courts will impose various conditions on granting bail if they believe there is a risk the defendant will flee. Abiding by these increases the chance of bail being granted, but comes with costs.
Examples of bail conditions include:-
- Not contacting the alleged victim of the crime
- Abstaining from drinking or driving until the court appearance
- Remaining under house arrest
- Submitting to electronic monitoring
- Wearing a device that continuously measures alcohol levels
- Driving license surrender
Defendants must abide by their bail conditions. If they don’t, they may forfeit the money, even if they show up to their court appearances.
What Happens If You Fail To Appear In Court?
If you fail to appear in court, you may lose your entire bail. If a bail bond agent paid the bail, they will also lose the money and may sell your collateral to recuperate their losses.
California bail bondsmen reduce the risk of defendants not showing up at court by using bounty hunters. These are people who have the legal authority to apprehend defendants and take them to court.
Bond agents can sometimes recuperate their losses if they deliver the defendant to the courtroom within the time limit. Defendants can also undo bail forfeitures if they submit a valid excuse to the court within 180 days. These include:-
- Requiring hospitalization on the date of the trial complete with full medical certification
- Being in custody in another jurisdiction
- Having a mental illness
- Becoming or being disabled in a way that prevented the court appearance
- Becoming injured in, say, an accident
As you can see, courts will only accept a few legitimate reasons for undoing bail forfeitures. You will still lose your bail money if you are late for the court hearing because of traffic, so always set off early.
How To Get Help
If you have been arrested and would like to learn more about your options, then 24-Hour Bail Bonds could help. Our team has significant experience helping people get out of jail in California quickly and back to their regular lives.