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Many defendants in California can make bail after an arrest to prepare for a trial. Bail is the amount a defendant pays to guarantee their court appearances. If you or someone you love is arrested for a misdemeanor or felony, you can find out about your eligibility for bail. If you are, you can start the process immediately to reduce your time in police custody. Several payment options are available for defendants eligible for bail, including cash bail, property bonds, and bail bonds.
You can post cash bail or provide a property bond if you have the cash or assets to guarantee your court appearances. However, a trustworthy bail bondsman can help if you need financial assistance. They will ensure that your bail is paid on time to reduce your time in detention. They will also follow up with you after your release to ensure you make all court appearances to avoid losing the money to bail forfeiture.
Before going through the California bail process or making any arrangements with a bail bondsman, it is necessary to find out how much your bail is. County bail schedules determine bail for various offenses in California. Here are some of the factors they consider when setting bail:
The Nature of Your Crime
California law prohibits all kinds of crimes. These crimes are categorized into infractions, misdemeanors, and felonies. The categorization is usually according to the severity of a crime, with infractions being less severe offenses and felonies being the most severe crimes. Generally, infractions do not result in an arrest. If a police officer charges you with an infraction, they will likely write you a citation to appear before a judge and pay a fine. However, a misdemeanor and felony will likely result in arrest. You can remain in police custody until a court hears and determines your case, or a judge can allow you to post bail for a pretrial release.
The nature of your crime mainly determines bail in California. This applies primarily to misdemeanors and felonies. Since felonies are more severe, you will likely need a higher amount to obtain a pretrial release if facing a felony charge than a misdemeanor. The amounts for all felonies differ since some are more severe than others. If you commit a violent felony, like murder, you will likely pay a higher bail if you are eligible for bail than someone who is accused of a non-violent felony like theft.
Thus, the amount you will be required to pay as bail will mainly depend on the nature of your charges. If you face misdemeanor charges, you will likely pay less than you would for a felony.
Note: Bail amounts are generally high for all crimes. Courts use bail as a guarantee to ensure defendants attend all court hearings. The amount must be high to serve the purpose well and reduce the likelihood of defendants skipping bail.
The Available Bail Schedule
Bail determination California is also dependent on the existing bail schedule. A bail schedule is a predetermined list of bail for all crimes covered under the California Penal Code. It gives courts a consistent framework to set bail for defendants. It reduces discrepancies in setting bail and ensures that all defendants facing similar charges within a particular area are treated fairly. A bail schedule gives judges an idea of how to set bail for a specific crime. Although judges do not always stick to the amounts on the schedule, their decisions are primarily determined by the information therein.
Thus, an existing bail schedule in your county is one of the factors influencing bail in your case. You can find out about the amount in the bail schedule beforehand to have a rough idea of what to expect after your first appearance in court. The judge can leave the amount as it is when setting your bail or change it upwards or downwards, depending on the facts of your case.
Bail schedules are accessible to the police or court clerks. Thus, you can ask your arresting officer what the bail for your charges is, or someone in your family can inquire from the court on your behalf. You can start planning once you find out the amount on the current bail schedule, bearing in mind that the judge can increase or reduce it.
Your Criminal History
Your criminal history is determined by the number of arrests or convictions on your record. Since your criminal record is publicly available, the prosecutor can run a quick background check on you after your arrest to determine the charges to file against you. The judge will also consider your criminal history alongside other factors when setting bail. They could be lenient if it is your first arrest to release you on your recognizance or set a reasonable bail.
A release on personal recognizance is one way the judge can grant your pretrial release. If you face lenient misdemeanor charges and are a first offender, the judge can release you without bail. However, you must be willing to attend all the hearings regarding your case.
However, if you are a second or subsequent offender, the judge can set an amount according to the number of prior arrests or convictions in your record. If you are a habitual offender, your bail could be higher, or the judge can deny you bail altogether. The nature of your current and previous charges can also be used for bail determination California. If you have two or more prior felony convictions on your record and the current charge is a felony, the judge can set a higher bail than what is available on the bail schedule.
Your Financial Ability to Pay Bail
Judges consider a defendant’s financial ability to be one of the factors influencing bail in California. Remember that bail is usually an amount a defendant pays to the court to guarantee their court appearances. The amount is generally high to ensure the defendant will honor all their court dates to avoid losing it through court forfeiture. However, defendants have varying abilities to post bail. Some defendants cannot afford to bail themselves out, even with the assistance of their families. This makes it difficult for financially disadvantaged defendants to enjoy freedom before trial.
However, there is usually room for negotiation, whereby a defendant can negotiate for a lower bail with a promise of making all court appearances without fail. In some cases, judges are usually willing to lower a defendant’s bail if they demonstrate an inability to afford the bail set by the court. If you have a defense attorney, they can help you push for a lower bail or a release on personal recognizance. If your attorney presents a valid reason, the judge can lower your bail to a reasonable amount.
Working with a bail bondsman is an excellent idea for defendants who cannot afford to bail themselves out. A bail bondsman can post your bail and help you successfully navigate the California bail process. They will also stick by your side until the end of your case, offering emotional support and ensuring you appear in all hearings regarding your case.
Your Flight Risk
Courts grant bail with the expectation that defendants will appear on all set court dates to ensure a smooth flow of their cases. If things happen as planned, courts would complete most cases within scheduled times. Sadly, this does not always occur, especially when some defendants flee immediately after being released on bail. Judges must determine a defendant’s flight risk during bail determination in California to ensure that those released on bail remain within the court’s jurisdiction for a smooth flow and timely conclusion of their cases.
You are a flight risk if you will likely flee after bail release. This is determined mainly by the strength of your community ties. These things keep you within the community, like your family, a business, or a permanent job. You are considered a flight risk if you do not have a job or family within the community. The judge can deny you bail or set a high bail for you. A high bail will discourage you from fleeing since it is a substantial amount to lose through bail forfeiture.
On the other hand, if your community ties are substantial, your bail will be reasonable, according to the nature of your crime. The judge can also grant you a release on personal recognizance if they are assured of your willingness to follow the case.
Your History of Failure to Appear
Remember that a defendant’s criminal history can play a critical role in bail determination California. Your criminal history contains your arrests and convictions and the number of times you have skipped bail. If, at any time, a court grants you bail and you fail to appear, it can affect your eligibility for bail in the future or determine how the judge sets your bail.
Failure to appear in court can lead to additional charges under California Penal Code § 1320 and result in bail forfeiture. It can lead to a re-arrest and further criminal charges and affect your eligibility for bail after subsequent arrests. If you have a history of not appearing, the judge can deny you bail or set it high to ensure you make all court appearances this time. Remember that when the amount is high, you can quickly reconsider failing to appear to avoid losing the amount to the court.
Bail forfeiture is a serious matter in the California bail process. One of your bail release conditions is to make all court appearances to avoid bail forfeiture. It means the court will keep your full bail if you fail to appear. If a bail bondsman helped you post bail, you will lose the entire amount to the court once you fail to appear. The bail bondsman will recover its losses from you, mainly from the collateral you provide for the bail bonds. This will translate to a substantial loss for you and your family.
Public Safety
Judges also consider public safety to be one of the factors influencing bail. The judge will consider whether you pose a safety risk to your community. They will consider whether the public will feel safe after your arrest if you threaten the safety of victims or your family members and the kind of reaction the public will have once the court grants you a bail release. If you are a safety risk to your community, the judge can deny you bail. Keeping you in custody will ensure everyone feels safe and is satisfied with the criminal justice system.
However, the judge must also ensure that keeping you in custody does not violate your right to a speedy trial. They must expedite your case to ensure the court hears and determines it within a reasonable time.
Defendants who do not pose a security threat to their community can negotiate for a favorable bail during the initial hearing. Remember that all the court needs is a guarantee that you will appear in all hearings set for your case. The judge can lower your bail or release you on your own recognizance if your case details allow it and you demonstrate a readiness to appear.
Find Reliable Bail Bonds Near Me
The bail matter is critical in the California justice system. Instead of holding defendants for prolonged periods in jail before their cases are heard and determined, courts grant them bail. This allows them to continue living their lives as they await the trial and prepare for their defense.
Understanding the factors influencing bail is critical, as it prepares you for what to expect during the initial arraignment. Working closely with a reliable bail bondsman ensures you are well-prepared for the California bail process.
At King Stahlman Bail Bonds, we are familiar with how courts set bail. We can review the available bail schedule after your arrest to help us plan as we await the judge's final determination. We will also ensure that your bail is ready when you are ready to return home. Call us at 619-232-7127 to learn more about our bail bonds.
