I Bailed Out Why Do I Have to Make Bail Again

Getting out of jail may or may non be easy if you're arrested and charged with a offense in Southern California. Many suspects arrested for misdemeanors are released "O.R." (on their ain recognizance), but for most suspects who are charged with committing felonies, posting bail may be the only choice for getting out of jail. When the accuse is a serious or fierce felony, or if the defendant is thought to be a flight risk, bail may be denied. How does bond work in the state of California, and what happens at a bail hearing?

If you are charged with a crime, bail is the sum of coin that the court requires you to pay – forth with your promise to announced in courtroom on your court engagement – in order to get out of jail. In California, you tin can pay the bail corporeality with cash, a bail bond, or a property bail. The courts will accept cash, money orders, and personal, traveler's, and cashier's checks. If yous appear in court equally scheduled, and if you're establish not guilty or if the charge against you is dismissed, your cash bail volition be returned to you.

Withal, a complicated criminal case may terminal for a year or longer, and a defendant will not be able to use or invest bail funds at all while the case is pending. Fifty-fifty when a defendant is acquitted or a charge is dismissed, information technology may accept from half dozen to 12 weeks to receive a cash bail back from the county later the conclusion of a case. If a defendant is plant guilty, the bond money can be used toward paying his or her fines. If a defendant does not appear in court as scheduled, that defendant'south bail amount will be forfeited.

Paying for bail with cash is unusual, but because not very many of us can simply write a personal bank check for a bond corporeality. Bail is never inexpensive. Although yous can pay the full bail amount in greenbacks if you are able, well-nigh people obtain a bail bond through a bail bondsman. A bail bondsman usually loans a defendant the full amount of the bail for a 10 percent, up-front, nonrefundable fee.

Very few defendants in California employ the choice of posting a belongings bail. When they do, the value of the disinterestedness must be a minimum of 2x the amount of bail. An example would exist if bail has been set at $200,000, the equity value of the property must exist at to the lowest degree $400,000. To obtain a belongings bond, the property must have been recently appraised, any liens disclosed, and the property equity be estimated by a professional for the court. After posting a property bond, if the accused does not appear in courtroom as scheduled, the state can move alee with foreclosure and seize the holding.

HOW MUCH IS Bond IN CALIFORNIA?

How much is bond? In California, a bail corporeality will depend on the accuse and on the jurisdiction where the accuse is filed. Each canton in California has established its own list of crimes and bail amounts. For the most serious crimes in this state, bail can be a million dollars or more, although $20,000 and $l,000 are more than typical bail amounts for less serious offenses. In Southern California, if someone cannot afford bond or believes that his or her bail amount is unfair or excessive, an experienced San Diego criminal defense attorney can request a bail hearing on that defendant's behalf.

At a California bail hearing, a defendant and his or her attorney can inquire the court to reduce the bail amount or to drop bail entirely and release the accused on his or her own recognizance. Judges in this land accept wide discretion to establish, modify, eliminate, or deny a defendant's bond. The factors that a California approximate will consider when determining a bail corporeality include the seriousness of the alleged law-breaking, the accused'due south criminal record, the likelihood that the defendant will or volition not appear in courtroom every bit scheduled, and the prophylactic of the general public if the suspect is released.

Tin A CALIFORNIA JUDGE INCREASE A Accused'Southward Bail Corporeality?

You may not know that while a judge in California tin reduce a defendant'southward bond corporeality, a judge may also increment a accused's bail amount if the estimate believes that such action is warranted. If a defendant seeks a bail reduction, for instance, the state may bring new information or evidence to the court's attending, and a judge may believe that the new information or testify warrants a higher bail amount.

When a suspect is accused of a serious felony, a California judge usually will non reduce that suspect'due south bail corporeality below the minimum bond corporeality for that accuse every bit established past that jurisdiction. In such a case, the judge would have to be persuaded of "unusual circumstances" in the case or "good cause" to gild a lower bail amount. A defendant's other option is to ask to be released "O.R."

Provided that the criminal offense a defendant is charged with does not qualify that accused for the death penalisation in California, it may be possible for a defendant to be released without bond on his or her own recognizance. A judge will determine if releasing a defendant "O.R." is a threat to the public's rubber or reduces the likelihood that the accused volition return to appear in court as scheduled.

Tin Agreeing TO CONDITIONS REDUCE A DEFENDANT'Southward BAIL?

An experienced San Diego criminal defense chaser may recommend proposing specific bond weather to the judge. If a defendant volition agree to certain specified bail weather condition, an otherwise resolute judge may be persuaded to reduce a bail amount or fifty-fifty sign off on an O.R. release. A judge may not impose any bail status that violates a defendant'due south legal or constitutional rights.

Examples of bond conditions that an attorney might recommend proposing may include but are not limited to requiring that the defendant:

• surrender a driver'southward license

• give up a passport

• restrict travel

• enter a treatment facility

• wearable a SCRAM monitoring device

• wear a GPS tracking device

Every criminal accused in the United States has the right to an attorney. If you lot are charged with a crime, practise that right, and do non attempt to act as your own attorney. A skillful California defence lawyer tin can requite those facing criminal charges sound and reliable legal advice regarding bail options, defense strategies, and the other matters that anyone who is charged with a crime in Southern California will face. For those faced with the difficulty of paying heafty bail fees, there are local public resources, financial support programs for parents and other government resources.

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Source: https://www.enkanter.com/article/how-does-bail-work-state-california

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