California statutes allow eligible defendants to secure pretrial freedom by posting bail. Unfortunately, eligible defendants from low-income families might not afford the bail set for their crime, forcing them to remain in pretrial detention pending case conclusion. If you or a close family member is in this position, you can turn to a bail bonds firm for financial assistance to secure pretrial release. At King Stahlman, we can provide immediate assistance to restore your freedom after an arrest in Colusa.
Action to Take if you Cannot Afford Bail
If you have been booked and processed, but you do not have the funds to post the bail provided in the bail schedule, you can wait for arraignment to request an own recognizance release. The arraignment hearing is the first court appearance when you enter a plea and a judge rules on your bail. In some counties, however, you do not have to appear for the initial court hearing to request an OR, as a commissioner is usually on standby around the clock to grant an OR. In other places, the court must schedule a special hearing called the adversarial or bail hearing to rule on release on OR.
An own recognizance release means you exit, meaning the judge grants your pretrial freedom without posting bail, but based on a written promise that you will return to court and obey post-release conditions pending the trial.
Any defendant in California is eligible for OR release unless the following are true:
- The crime in question attracts a death penalty upon conviction
- Releasing the defendant would compromise public safety
- There is no guarantee the defendant will return to court after pretrial freedom
However, this should not mean that all other defendants that do not fall in the three categories can secure release without bail, unless you are in Los Angeles, where OR is the default rule, unless you have been arrested for a serious or violent felony.
In California, it is unlawful to detain a defendant solely because they cannot afford bail. After a bail hearing, if the defendant remains in custody for five days without posting bail, the court should schedule a Humphrey hearing and release the defendant without bail if they cannot afford bail and do not threaten public safety. The court needs clear and convincing proof that you are a threat to public safety to continue detaining you.
Even if you do not qualify for OR release, you can turn to a Colusa bail bonds firm for financial help with bail instead of staying in pretrial detention pending case conclusion. Your bail bondsman will offer guidance every step of the bail process. Additionally, they will ensure you remain in your jurisdiction until the matter is concluded. When hiring a bail bondsman, ensure they are accountable so that they keep in touch with you post-release to ensure compliance with bail terms.
OR Investigation
When you request the court to release you without bail because you cannot afford it, you must be prepared for an investigation into your character and community ties. They will assign your file to an investigator who will speak to your close family, colleagues, friends, and employers about your character. If a scrutiny into your life is not something you want from the court, you should not request an OR.
If you are under investigation, you must be wondering about your community ties, as they influence the bail amount the court sets and your eligibility for OR release. "Community ties" refers to your bond or relationship with the community where you live. Having solid community relations gives the judge confidence that you will not flee upon release to avoid justice. This can convince the judge to reduce your bail or release you without posting bail. You have strong community ties if:
- You reside in the same community with your family and relatives
- You run a business or own property in the area of the court’s jurisdiction
- You have a stable or permanent job in the area
If the arrest happened when you were in Colusa County on a vacation, the court will deem you a flight risk and deny you OR release application as you cannot prove you have strong community ties.
The Cost of Bail Bonds
If an OR investigation has disqualified you from a pretrial release without bail, it means you must post bail or risk staying in pretrial detention. However, because you do not have funds for bail, it leaves you with one option: hiring a Colusa bail bonds firm to post bail for you. When you contact the bail bondsman, your primary concern will be the cost of their services because money is a problem.
Dealing with a Colusa bail bonds firm from jail can be challenging. If your loved one is behind bars, you will want to cosign their bail bond contract to secure an early release. As a cosigner, you will be financially responsible for the contract. You will pay the bail bond premium and post collateral to secure the surety bond. So, if you are to cosign a bail bonds agreement, you want to understand the costs involved before making the commitment.
Your Colusa bail bonds service will demand a 10% non-refundable fee for the services. If you lack the funds to pay the premium in full, you can negotiate a flexible repayment plan. Under the plan, you pay a small deposit based on your finances, and the balance you pay in monthly installments after the defendant has been released.
Before release, your Colusa bail bonds company might demand collateral depending on the risk involved. You should be concerned about what happens to your property if you use it to secure the surety bond. So, ensure you can trust the defendant to return to court, as failure to do so could result in the loss of property. The bail bondsman places a lien on the collateral. So, if the court forfeits the bail bond, the company will sell the lien on your property to recoup its losses. So, you should make it your responsibility to ensure the defendant attends court to avoid bail forfeiture.
Jail and Court Information
Colusa County Jail
929 Bridge Street
Colusa, CA 95932
Colusa County Superior Court
Find a Reputable Bail Bonds Service Near Me
After your arrest or the arrest of a loved one, exiting jail can be challenging, especially if you must post bail but cannot afford the funds required. You can request an OR release or wait in jail for the Humphreys hearing. However, if you are not eligible for release without posting bail, you must hire a bail bondsman to post the bail on your behalf for a small fee.
At King Stahlman, we have trustworthy, skilled, and accountable bail bondsmen to help you secure your pretrial freedom. Contact us at 619-232-7127 to start the release process in Colusa.
