How Does the Bail Process Work in California?
When facing criminal charges in California, the question of posting bail arises. Although California has declared it unconstitutional to hold someone solely because they cannot afford bail, judges still have broad discretion to determine whether bail is appropriate for the case and to set its amount.
In simple terms, bail is money paid to the court to secure the release of an inmate, ensuring they will appear at future court dates. The amount of bail varies depending on the crime involved.
As stated, individuals cannot be detained solely because they cannot afford bail. There must be clear and convincing evidence demonstrating that detention is essential to safeguard public safety. In Los Angeles County, only those arrested for serious or violent felonies are eligible to be held on bail.
All others should be released on their own recognizance (OR), meaning they do not need to pay bail. If the judge grants an "OR" release, you just need to promise to appear in court as scheduled.
Some individuals face extra restrictions, like surrendering weapons or staying away from the alleged victim, which is common in domestic violence cases. In certain cases and for specific crimes, a judge may deny you bail. However, in most situations, bail is granted. Let's explore the bail issue more thoroughly.
What Exactly is Bail?
Bail is a financial guarantee, usually provided by the defendant or a bail bondsman, that allows a person to be released from custody while awaiting trial.
This guarantee ensures that the accused will attend all required court proceedings. Failing to appear often results in losing bail and facing further legal consequences.
The bail money is returned after the case is settled. It's important to note that in California, the bail process follows specific rules to guarantee fairness and equity, ensuring that everyone is treated justly.
Every California county has its own bail schedule specifying the bail amounts for different crimes. In Los Angeles County, almost everyone arrested is released on their own recognizance. As mentioned, only those charged with serious or violent felonies may be held on bail.
There are various methods to post bail, including cash bail, the most common option, bail bondsman services, and property bonds, where the court places a lien on your property. If you do not appear in court, the court can start foreclosure proceedings on your property. However, property bonds are relatively uncommon.
What Are the Conditions for Staying Out of Custody?
Arrestees in Los Angeles County who are released without bail may still need to meet certain conditions to remain out of custody during their case. These requirements can include the following:
- Restrictions on travel or driving.
- Order to stay away;
- Hand over your weapons to the police.
- AA meetings;
- Drug and alcohol testing.
- Treatment for alcohol or drug abuse;
- Treatment for mental health issues.
- Electronic monitoring.
- House arrest;
- Ignition interlock system.
What Are Your Release Options After an Arrest?
When you are arrested and charged with a crime, a bail hearing is held to decide your pre-trial status. The judge has three options for your release, which are explained below.
- Own Recognizance (OR): Being released on your own recognizance (OR) means you are let go without posting bail, with the understanding that you will appear in court for all scheduled dates. In many counties, like Los Angeles, OR is the default option unless there is a strong reason to set bail, such as being charged with a violent felony or being considered a flight risk. The judge may also set additional conditions for your release, such as travel restrictions, a curfew, or protective orders. If you violate any of these conditions, you could be re-arrested and detained.
- Held on Bail: In this situation, you will remain in custody until your trial unless you pay the bail set by the judge.
- Held without Bail: In some extreme situations, like being considered an immediate danger to public safety, a judge might decide to detain you without bail, meaning you stay in jail until your trial ends.
What Are Bail Schedules and Their Amounts?
As mentioned, each California county has a bail schedule outlining bail amounts for various crimes.
The amounts differ across counties and different crimes, influenced by local policies and crime levels. Nevertheless, judges have the authority to modify these amounts based on the specifics of each case.
Judges usually consider the following main factors when determining whether to set bail and how much to impose:
- Your prior criminal history.
- Whether you are viewed as a flight risk.
- The seriousness of your alleged crime; and
- Your ability to post bail (remember, you cannot be legally detained solely because you cannot afford bail).
How do you Post Bail?
As noted, California offers three primary methods for posting bail: cash bail, property bond, and bail bond.
- Cash Bail: The defendant or a representative pays the entire bail in cash. If the defendant attends all court hearings, the cash bail is refunded minus administrative fees. While cash bail is straightforward, it can be financially taxing.
- Property Bond: Property bonds use real estate as collateral to secure bail. An official appraisal is required to determine the property's value. Although property bonds can cover higher bail amounts, they entail more complex legal processes.
- Bail Bond: The most common way to post bail is through a bail bond, where a bondsman agrees to cover the full bail if the defendant doesn't appear in court. The defendant or a cosigner pays the bondsman a fee, usually a percentage of the bail amount, with California law limiting this fee to 10 percent. This approach helps those who can't afford the full bail to get out of jail, but missing court can lead to extra costs. If the defendant fails to appear, the bondsman will seek to recover the entire bail amount from you.
What Happens to Bail When the Case Is Over?
Once your case is resolved, the court releases (exonerates) your bail. Exoneration happens when:
- The criminal case has been concluded.
- The court requires you to participate in a Penal Code 1000 PC drug diversion program.
- You are declared legally incompetent to stand trial, or
- You are taken into custody following a guilty verdict.
If you posted cash bail and are convicted, including fines or restitution, the bail amount will be applied to those penalties.
What is the Purpose of a Cosigner?
If someone cannot afford a bail bond on their own, they might ask someone else to obtain it for them—this person is called a cosigner. A cosigner commits to ensuring the defendant appears in court and can be financially responsible if the defendant does not comply.
Co-signing a bail bond is a serious responsibility and requires careful consideration.
What Is the Attorney's Role in Bail Hearings?
A California criminal defense attorney can be vital in helping you secure an OR release or ensuring that bail is reasonable and affordable. They might present evidence to justify an OR release, negotiate for a lower bail, or request a "Humphrey hearing" to assess if you're being detained because you can't post bail.
This is the stage at which the court guarantees that you are not detained solely because of your inability to post bail. Remember, you cannot be kept in custody just because you cannot afford bail.
If you are unable to pay, the court should release you, provided that doing so does not pose a threat to public safety.
If the court rules in your favor, you will be released on your own recognizance. You can reach our law firm by phone or through the contact form. The Hedding Law Firm is based in Los Angeles, CA.
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