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Facing an arrest can be a distressing experience, especially if you do not know what to expect. The good news is that you do not have to stay in custody awaiting trial. You have a constitutional right not to be subjected to excessive bail. Bail is an amount you deposit with the court to guarantee that you will attend future court hearings. There are various ways of posting bail, including cash bail, surety bond, and own recognizance release. The purpose of bail revolves around the fact that a defendant is innocent until proven guilty. When you are out on bail, you will have sufficient time to prepare for trial, including hiring an attorney.

Understanding Bail

Bail is generally a financial guarantee offered by a bail bondsman for an arrestee’s release from jail pending trial. This commitment ensures that you will show up for all requisite court dates. Failing to honor court dates can result in forfeiture of the bail amount and additional legal repercussions. According to Penal Code 1305 PC, the court can declare forfeited the undertaking of bail, property, or money posted as bail if you fail to appear in court without sufficient excuse.

The bail process in California is guided by specific laws meant to ensure an equitable and fair system. Counties have their bail schedules, which outline the bail amount for every type of offense. There is a misdemeanor bail schedule and a felony bail schedule. Some defendants are set free on their recognizance. Defendants arrested for serious offenses can be denied bail.

Bail can be paid through cash or through property bail, where you permit the court to put a lien on your asset. You can also post bail through a bail bondsman, which is the most popular way to post bail. If you fail to attend your court proceedings, the court may take legal action to recover the bail amount, which could include seizing pledged assets.

The Purpose Of Bail

Jails in California are crowded, and one of the reasons for this is that most defendants cannot afford bail. Surety bail is one form of pretrial release that can facilitate a defendant's release from custody pending trial. The surety bail industry allows defendants and families who are unable to post the entire bail amount to secure their release from custody by paying only 10% of the bail amount as a premium. The bail bondsman guarantees to pay the court the remaining amount if the defendant fails to attend court hearings.

Overcrowding has been a daily topic in the judicial system in California for decades. However, the surety bail industry and the financial conditions of bail have been blamed for this problem. Unfortunately, these allegations overlook the fact that surety bail facilitates many releases. Overcrowding in prisons is not because of the inaccessibility of surety bail. Overcrowding is experienced because most defendants do not qualify for bail. Defendants can also be kept behind bars because of other legal factors, such as the nature of the charges or flight risk.

Bail can be used for other purposes besides ensuring that the defendant attends future court hearings. These include:

Reducing The Tax Burden On Citizens

Granting bail to offenders reduces the burden of tax on citizens. It is costly to keep offenders behind bars for a long time, particularly in areas where the crime rate is high. Keeping offenders behind bars for months or years can financially harm the government and defendants.

Enables A Defendant To Go Back To Their Normal Life

A defendant will have a chance to go back to their family and resume daily activities if the court grants them bail. There will be substantial freedom, and the defendant will not be restricted to meeting with family members only on the designated visitation days. A strong bond is developed between the defendant and the community if he/she is allowed to interact freely after posting bail. Family members and friends can offer moral support during these challenging times, which will positively influence the defendant’s psychological well-being.

Being released on bail will give the defendant freedom to visit loved ones at will, provided the judge does not issue a no-contact order as a bail condition. The defendant can also return to work or school, saving them from possible consequences like being terminated from the job.

Bail Gives The Arrestee A Chance to Prepare To Face The Accuser During Trial

A defendant has a right to a fair trial before an unbiased jury under the Sixth Amendment if the prosecutor accuses them of any offense in the United States. The court will allow the defendant to face and pose questions to their accuser during trial. Under the constitution, the arrestee will not exercise their rights effectively if granted bail but fails to show up for court proceedings. If defendants are obliged to attend the trial or engage in any other aspects of the justice system, they will have a chance to face the prosecutor and prove they are not guilty.

Public Safety And Flight Risk

Sometimes, the prosecutor can accuse a defendant of a crime and argue that the defendant will use the time out of custody to flee if set free. In this situation, bail is a commitment that the defendant is not a flight risk. The judge can only set an arrestee free from custody with a guarantee that the defendant will be part of the legal process. A bail will also enhance the public’s safety apart from defending the defendant’s right to the assumption of innocence.

The Presumption Of Innocence

If the prosecutor accuses you of a crime, you are presumed innocent until and unless the prosecutor proves you guilty beyond a reasonable doubt. If you are assumed innocent, punishment will be considered if you are put behind bars waiting for your trial. It is unfair for the judge to impose penalties or limitations on you without proof of your guilt. Bail is designed to correct the injustice of sentencing a presumed innocent defendant.

The presumption of innocence is a fundamental right ensuring that defendants are considered innocent until proven guilty, upholding fairness in the judicial process. The judicial system must protect the innocent and ensure public safety.

Every offender is assumed innocent in a criminal trial until guilt is established. It does not mean that you are guilty of committing an offense just because you are put behind bars. You are only put behind bars to face the charges for the offense in question. As a result, it is unjust to put an innocent person in jail for a more extended period before being convicted of an offense. Sadly, the judicial system faces challenges because of the presumption of innocence. People accused of committing a crime but have not faced trial can use this chance to hide or flee the jurisdiction to avoid being charged. Meanwhile, defendants facing violent crime charges can pose a threat to the community.

It is essential to secure bail during the presumption of innocence. The court has the power to release defendants accused of certain crimes with a guarantee that they will attend their future court proceedings. Bail enables the court to uphold the public’s safety and every offender’s right to be assumed innocent until proven guilty.

Rules For Setting Bail In California

If you are eligible for bail according to Penal Code 1275, the judge will consider several factors to decide the right amount. These include the amount covered by the county’s statutory, constitutional, and bail schedule factors. The following are the factors listed in the constitution:

• The safety of the victim and their family

• Your potential to show up for the court dates

• Your past criminal history

• The severity of the charges you are facing

Penal Code 1275 adds public safety as another factor to be considered. Under this law, public safety is a primary consideration when setting bail. The law also expands on how the judge should scrutinize the constitution’s seriousness-of-the-crime factor. In this case, the judge should consider the following factors:

• The alleged possession or use of controlled substances

• The alleged use of a gun or other dangerous weapon in executing the offense

• Alleged threats you made to the victim or the witness

• The alleged harm you caused to the victim

The judge will consider the following factors when determining the likelihood of your appearance at the hearings and trial:

• Whether you have a record of failing to show up for your court dates

• Whether you have shown that you will not attend your court dates

• Whether the bail amount is sufficiently high to discourage you from failing to appear, given your wealth

• Your ties to the community, whether you stay in the community, work in the community, have local family members, or own property there.

The judge can still consider more factors in situations involving certain offenses. For example, the judge will take into account the amount of controlled substances involved if you are charged with a controlled substance crime. The court will also consider if you are already on bail release for a prior controlled substance crime.

Bail Procedures

The court will set the bail in the arrest warrant if there is one. The bail schedule can also determine bail if there is no bail on the arrest warrant. The bail schedule is a document the county uses to decide the bail amount for certain offenses.

The police have eight hours to apply for increased bail after booking you if there is no arrest warrant. You will post bail according to your county’s bail schedule if the bail is not set higher within that time. The court will set bail considering the bail schedule and other essential factors at your separate bail hearing or arraignment.

You have a right to an automatic review of the bail order if you stay behind bars because of failing to post bail. The court has five days from the original order date to complete the review. However, you can also waive it.

Exoneration And Forfeiture Of Bail

Bail is an inducement for you to attend a court trial, but not a punishment. Bail will be exonerated if you keep your promise to attend your court hearings. On the other hand, the bail amount will be given up if you break that promise. You are entitled to a refund of any money posted as bail if the bail is exonerated. If this happens, the obligation of a bail bonds company is terminated. The court can exonerate bail in the following ways:

• The bail will be exonerated if the police surrender you to custody for good cause. A surety like a bail bonds company can arrest and surrender you to jail in certain circumstances before forfeiture of bail.

• If the court convicts you, sends you to prison, or grants you probation. The court does not withhold any amounts paid because you are convicted since bail is not a punishment. However, part or all of what you posted can be applied to your fine if your sentence includes a fine and you posted bail using property or cash.

• The case is ruled in your favor, like a dismissal or acquittal. However, the bail will not be exonerated if you default on your duty to show up in court and the case is dismissed after your default. Additionally, bail will not be exonerated for 15 days if your case ends by dismissal.

On the other hand, bail will be forfeited if you fail to attend court proceedings when required. The court will take ownership of any money in the form of property or cash if bail is forfeited. The bail bonds company will be forced to pay the whole bail amount.

Rules For Eliminating Bail Release

In certain criminal cases, you can be released from jail by committing yourself to attend the court proceedings. This is known as ‘’own recognizance release’’ and can be an alternative to bail. In this case, you agree to show up during trial and other court dates instead of paying an amount for bail. You will then be set free upon agreeing to those terms. Unfortunately, own recognizance release is not available in every criminal offense. In particular:

• If you are convicted of a nonviolent felony, you can be released on your own recognizance. However, in this case, the judge will consider the same factors applied in setting bail to decide whether to release you on your own recognizance. The judge will also take into account the safety of the victim and their family.

• You are entitled to release on your own recognizance if you are charged with a misdemeanor. However, the judge can deny a release on your own recognizance and demand bail if the judge establishes that doing so will compromise public safety. The judge can also deny you a release on your own recognizance if it will not reasonably ensure your appearance at subsequent court proceedings or trial.

• A release on "own recognizance" is not allowed in capital crimes or for some people convicted of violent felonies.

Additional procedures should be adhered to in situations involving violent and specified felonies, like criminal threats or intimidation of a witness. In this case, before the judge releases you on your own recognizance, he/she must schedule a hearing in open court once the prosecutor and your legal team receive a two-day notice of the hearing. The hearing must take into account the following:

• Your ties to the community and capability to post bail

• The danger you can pose to other people if you are released, including the evidence of threats and any prior act of violence

• The maximum possible sentence that the court will impose

• Your previous court appearances

If you are released on your own recognizance, you must accept in writing that you will do the following:

• Waive extradition following your failure to show up in court if you are outside California

• Will not leave California without the consent of the judge

• Will observe all reasonable conditions the court imposes on you

• Will show up at all times in court and places as ordered by the judge

Bail Reinstatement

A bail reinstatement motion is a court process that aims to persuade the judge to grant you bail once more instead of forfeiture. This will give you another opportunity to observe court dates. Reinstating your bail constitutes a motion-based procedure. Your bail bondsman files a motion with the court to intervene. In this motion, the main point of contention is your revoked bail. However, essential documentation is needed to support the initial bail revocation. This action applies in situations where you violated your release conditions, resulting in the revocation of your original bail.

Find an Experienced Bail Bondsman Near Me

The primary purpose of bail is to allow defendants to exercise their constitutional right of being presumed innocent until proven guilty. Holding a defendant in custody until trial would violate this right. However, not every offense qualifies for a release on bail. You might not be eligible for bail if you face charges for a violent felony or murder. If you or a loved one is in custody and requires prompt bail bond services in Temecula, contact Justice Bail Bonds. Call us at 714-541-1155 to speak to one of our attorneys.