A Guide to Posting Bail for an Individual in California.

What is Bail and How Does it Work?

Bail is a set amount of money that acts as security for the release of an arrested individual from jail, with the understanding that they will attend all required court appearances. The purpose of bail is to ensure the defendant's appearance in court without the need for prolonged detention before trial or sentencing.

When someone is arrested and charged with a crime, they may be held in custody until their case is resolved. However, the court can set a bail amount, which allows the defendant to post that sum of money as a guarantee that they will return for future court dates. If the defendant attends all required court appearances, the bail money is returned at the conclusion of the case. However, if the defendant fails to appear, the bail is forfeited, and a warrant is issued for their arrest.

The process of posting bail typically involves paying the full bail amount to the court or hiring a bail bond agent, who charges a non-refundable fee (usually 10-15% of the total bail) to post a bond on the defendant's behalf. Once the bail is posted, the defendant is released from custody with certain conditions, such as travel restrictions or regular check-ins with a supervising officer.

Bail Bonds in California

In California, there are several types of bail that can be used to secure the release of an individual from custody:

**Cash Bail**: This is the most common type of bail, where the full bail amount is paid in cash to the court. If the defendant appears for all required court dates, the cash bail is returned after the case is concluded, minus any applicable fees.

**Surety Bond**: With a surety bond, also known as a bail bond, a bail bond company posts the full bail amount on the defendant's behalf. The defendant or a cosigner is typically required to pay a non-refundable premium, usually 10% of the total bail amount, to the bail bond company. If the defendant fails to appear in court, the bail bond company is liable for the full bail amount.

**Property Bond**: In some cases, the court may allow the use of real property, such as a house or land, as collateral for the bail amount. The property must have a value equal to or greater than the bail amount, and the defendant or a third party must sign over an interest in the property to the court.

**Immigration Bail Bonds**: For individuals facing immigration-related charges or deportation proceedings, a special type of bond called an immigration bail bond may be required. These bonds are typically more expensive and have stricter requirements than regular bail bonds, as the risk of flight is considered higher.

It's important to note that the specific requirements and procedures for posting bail may vary depending on the county and the circumstances of the case. It's advisable to consult with a qualified legal professional or a reputable bail bond agency for guidance on the most appropriate type of bail and the associated costs and requirements.

Factors Determining Bail Amount

The amount of bail set in a case is determined by considering several key factors. The seriousness of the alleged crime is a major consideration, with more severe offenses typically resulting in higher bail amounts. Crimes involving violence, weapons, or significant financial losses tend to have higher bail set to account for the potential threat to public safety.

An individual's criminal history also plays a role in determining bail. Those with prior convictions, especially for similar or violent crimes, may face higher bail amounts due to the perceived increased risk of re-offending. Conversely, those with minimal or no criminal records may be granted lower bail.

The court will also assess the defendant's flight risk, considering factors such as employment status, community ties, and whether they have a stable residence. Individuals deemed a higher flight risk may face higher bail to incentivize their appearance at future court dates.

Lastly, public safety concerns can influence bail amounts. If the alleged crime or the defendant's history suggests a potential danger to the community, higher bail may be set to mitigate that risk during the pre-trial period.

Bail Schedules and Typical Amounts

In California, each county has a bail schedule that provides a standard amount for various offenses. These bail schedules serve as guidelines for judges when setting bail, although they can deviate from the recommended amounts based on the specific circumstances of the case. Here are some examples of typical bail amounts for common offenses in California:

Misdemeanors:

- Petty theft (under $950): $500 - $1,000

- Simple assault: $5,000 - $10,000

- Driving under the influence (DUI): $5,000 - $15,000

- Possession of a small amount of drugs: $10,000 - $20,000

Felonies:

- Burglary: $25,000 - $50,000

- Grand theft (over $950): $10,000 - $20,000

- Assault with a deadly weapon: $30,000 - $100,000

- Possession of a controlled substance for sale: $50,000 - $100,000

- Robbery: $50,000 - $100,000

Serious Felonies:

- Rape: $100,000 - $500,000

- Attempted murder: $500,000 - $1,000,000

- Murder: No bail or bail set at $1,000,000 or higher

It's important to note that these amounts are just general guidelines, and the actual bail amount set by the judge can vary significantly based on factors such as the severity of the offense, the defendant's criminal history, and the perceived risk of flight or danger to the community.

Posting Cash Bail

Posting cash bail is one of the most straightforward ways to secure the release of an individual from custody. The process involves paying the full bail amount directly to the court or jail facility holding the defendant. Cash bail can be paid using several different methods, including cash, cashier's check, or money order.

To post cash bail, you'll need to provide the full legal name of the defendant, their booking number or case number, and the total bail amount required. It's essential to have this information readily available to avoid any delays or confusion during the process.

Once the payment has been processed, the defendant will be released from custody with the understanding that they must attend all scheduled court appearances. If the defendant fails to appear, the entire bail amount will be forfeited, and a warrant may be issued for their arrest.

If the defendant adheres to all court conditions and appearances, the cash bail will be refunded once the case has been resolved. However, it's important to note that the refund process can take several weeks or even months, depending on the court's procedures and caseload.

Accepted payment methods for cash bail can vary slightly between jurisdictions, but generally include:

- Cash

- Cashier's checks

- Money orders

- Certified checks

Personal checks are typically not accepted for cash bail payments due to the risk of insufficient funds or potential fraud.

It's crucial to obtain a receipt for the cash bail payment and keep it in a safe place until the case has been resolved and the bail has been refunded or exonerated. This receipt serves as proof of payment and will be necessary for obtaining a refund.

Using a Bail Bond Agency: Smart Choice Bail Bonds

For those who cannot afford the full cash bail amount, hiring a bail bond agency is a common alternative. A bail bondsman is a licensed professional who acts as a surety and posts the required bond with the court. This allows the defendant to be released from custody while awaiting trial.

The bail bond agency typically charges a non-refundable fee, usually 10-15% of the total bail amount. For example, if the bail is set at $50,000, the fee would be $5,000-$7,500. This fee is the bondsman's compensation for taking on the risk of guaranteeing the defendant's appearance in court.

In addition to the fee, the bail bond agency will often require collateral, such as property, jewelry, or other valuables, to secure the bond. If the defendant fails to appear in court, the collateral may be seized, and additional legal action may be taken against the co-signer who agreed to be financially responsible.

Using a bail bond agency has several advantages:

1. **Reduced Upfront Cost**: Rather than paying the full bail amount, the defendant only needs to cover the non-refundable fee, which is a fraction of the total bail.

2. **Faster Release**: Bail bond agencies can typically facilitate a quicker release from custody compared to paying the full cash bail.

3. **Professional Assistance**: Bail bondsmen are familiar with the legal system and can provide guidance throughout the process.

However, there are also potential disadvantages:

1. **Non-Refundable Fee**: The fee paid to the bail bond agency is non-refundable, even if the case is dismissed or the defendant is acquitted.

2. **Collateral Risk**: If the defendant fails to appear in court, the collateral provided to the bail bond agency may be forfeited.

3. **Additional Obligations**: The defendant and co-signer may be subject to additional legal and financial obligations if the defendant violates the bail conditions.

When considering the use of a bail bond agency, it's essential to carefully review the terms and conditions, understand the associated risks, and ensure compliance with all bail conditions to avoid potential legal and financial consequences.

 Bail Conditions and Release

After posting bail, the individual is released from custody with certain conditions they must follow until their court case concludes. Common bail conditions in California include:

**No Further Crimes:** The individual must not commit any new criminal offenses while on bail. Violating this condition can result in bail revocation and re-arrest.

**Appear for Court Dates:** Missing any scheduled court appearances is a violation that can lead to bail forfeiture and a warrant for arrest.

**Travel Restrictions:** Depending on the case, the court may restrict travel outside a certain area or require permission for any trips. Leaving the permitted area without approval is a bail violation.

**No Contact Orders:** In cases involving alleged victims, the court often prohibits any contact with the victims or witnesses as a condition of release.

**Alcohol/Drug Restrictions:** Bail terms may forbid the use of alcohol, illegal drugs, or controlled substances without a valid prescription.

**Curfews:** For certain offenses, especially those involving minors, curfews may be imposed requiring the defendant to remain at their residence during specified hours.

**Electronic Monitoring:** In some high-risk cases, the court orders electronic monitoring via an ankle bracelet to track the defendant's location.

**Regular Check-Ins:** Defendants may need to check in regularly with a pretrial services officer or bail bondsman, either in person or by phone.

Violating any bail condition can have severe consequences, including bail revocation, re-arrest, additional criminal charges, and potentially harsher sentences if convicted. It's crucial for individuals on bail to fully understand and comply with all conditions set by the court.

Bail Hearings and Motions

In California, there are several types of bail hearings and motions that can be filed to address bail-related issues. These include:

**Requesting Bail Reduction**: If the initial bail amount set by the court is deemed excessive or unaffordable, the defendant or their attorney can request a bail reduction hearing. During this hearing, they can present evidence and arguments to justify a lower bail amount, such as the defendant's ties to the community, employment status, and lack of prior criminal history.

**Bail Source Hearings**: In some cases, the court may require a bail source hearing to determine the legitimacy and legality of the funds being used to post bail. This hearing aims to ensure that the bail money is not derived from criminal activities or intended to obstruct justice. The defendant or the bail bond agency may need to provide documentation and evidence regarding the source of the bail funds.

**Bail Revocation**: If a defendant violates the conditions of their release on bail, the court can revoke the bail and issue a warrant for their arrest. Common reasons for bail revocation include failing to appear in court, committing a new offense, or violating specific conditions set by the court, such as travel restrictions or drug testing requirements. The defendant will typically have the opportunity to attend a bail revocation hearing to address the alleged violations.

During these hearings, the defendant or their attorney can present evidence, call witnesses, and make legal arguments to support their position. The court will consider factors such as the severity of the alleged offense, the defendant's criminal history, and the risk of flight or danger to the community when making decisions regarding bail modifications or revocations.

Immigration Bail Bonds

Immigration bonds are a type of federal bond used to secure the release of individuals detained by Immigration and Customs Enforcement (ICE) while awaiting deportation proceedings or hearings. Unlike criminal bail bonds, immigration bonds are set and regulated by the federal government.

Eligibility for an immigration bond is determined on a case-by-case basis, and not all detainees will be granted bond. Factors that influence eligibility include the detainee's immigration status, criminal history, potential flight risk, and perceived danger to the community. In general, lawful permanent residents and individuals with strong community ties are more likely to be granted bond.

The bond amount for immigration cases is typically set between $1,500 and $25,000, although higher amounts may be required in certain circumstances. The bond is intended to ensure the detainee's appearance at all future immigration court dates and compliance with the conditions of release.

To post an immigration bond, the full bond amount must be paid to the ICE office holding the detainee. Alternatively, a federal bond agent can be hired to post the bond on behalf of the detainee's family or loved ones. These agents typically charge a non-refundable fee of 15-20% of the total bond amount.

Once the bond is posted, the detainee will be released from custody with certain conditions, such as regular check-ins with immigration authorities, travel restrictions, and the surrender of travel documents. Failure to comply with these conditions can result in the bond being revoked and the detainee being taken back into custody.

Bail Reform Efforts in California

California has been at the forefront of bail reform efforts in recent years, with ongoing debates and proposed changes aimed at addressing the inequities and challenges within the current cash bail system.

One of the major concerns surrounding the existing bail system is the disproportionate impact it has on low-income individuals and communities of color. Critics argue that the cash bail system effectively criminalizes poverty, as those who cannot afford to pay bail are forced to remain in custody, potentially losing jobs, housing, and custody of their children, while awaiting trial.

In 2018, California attempted to address these issues by passing the California Money Bail Reform Act (SB 10), which sought to eliminate cash bail and replace it with a risk assessment system. However, the law faced significant opposition and was put on hold after a referendum qualified for the 2020 ballot. Ultimately, California voters rejected the bail reform measure, leaving the cash bail system intact.

Despite this setback, the push for bail reform in California continues. Proponents argue that the current system is unconstitutional, as it deprives individuals of their liberty based solely on their inability to pay, violating the principles of equal protection and due process.

Proposed reforms include implementing risk assessment tools to evaluate an individual's likelihood of appearing in court and potential threat to public safety, rather than relying solely on financial considerations. Advocates also call for increased access to pretrial services, such as supervision and support programs, to ensure individuals can be released while awaiting trial without posing a risk to the community.

Additionally, there are efforts to address the role of commercial bail bond companies, which critics argue exploit the system for profit and perpetuate the cycle of incarceration for those unable to afford their services.

As the debate continues, the impact of any potential bail reform measures could be far-reaching, affecting not only the accused individuals but also the criminal justice system as a whole, including court operations, jail populations, and public safety considerations.

Ultimately, the goal of bail reform efforts in California is to create a more equitable and fair system that upholds the presumption of innocence while addressing legitimate public safety concerns, without disproportionately impacting marginalized communities.

Resources for Bail Assistance

If you cannot afford to post bail on your own or through a commercial bail bond agency, there are several nonprofit organizations and legal aid clinics that may be able to provide assistance. These groups often have resources and connections to help secure release for those who cannot financially cover bail amounts.

**Public Defender's Offices:** Many county public defender offices have funds available to assist with bail for their clients who demonstrate financial hardship. Public defenders are a free legal resource for those who qualify based on income levels.

**Nonprofit Bail Funds:** Organizations like the Brooklyn Community Bail Fund, the Massachusetts Bail Fund, and the Bail Project operate revolving bail funds to help low-income individuals post bail and avoid pretrial incarceration. These nonprofits often prioritize cases where bail amounts are relatively low.

**Legal Aid Clinics:** Law school clinics and other legal aid societies sometimes have bail assistance programs or partnerships with bail funds. These clinics provide free legal services and may be able to help facilitate release for those awaiting trial who cannot afford bail.

**Community Bail Funds:** Grassroots groups have emerged in some cities and counties to crowdsource bail money and provide revolving community bail funds. These local efforts pool resources to help neighbors avoid the detrimental impacts of pretrial incarceration due to an inability to afford bail.

Contacting public defenders, legal aid clinics, bail funds, or community organizations in your area is advisable to see if any bail assistance may be available based on your specific financial circumstances and charges. With perseverance, there are often nonprofit resources that can help secure release when bail is unaffordable.

SmartChoice Bail Bonds specialize in bail bonds in all of Southern California, in places like Los Angeles County, California, and the surrounding areas. We provide Bail Bonds in bail bonds Claremont, Bail Bonds La Verne, Bail Bonds Chino, Chino Hills, Bail Bonds Pomona, Bail Bonds San Dimas, Rancho Cucamonga, and other nearby cities.