When you or a loved one is arrested, one of the first things that comes to mind is how to secure release from custody. In California, the most common method is through bail, a financial arrangement that allows you to be released while awaiting trial. Bail can be confusing, especially if you’ve never been through the criminal justice system before. As a former prosecutor and now as part of the legal team at Lamano Law Office, I’ve seen firsthand how bail decisions impact people’s lives. This guide will walk you through the bail process, explain your options, and offer tips on what to expect.
What Is Bail?
Bail is essentially a financial assurance to the court that you will return for your court dates after being released from custody. When bail is set, you or a representative must pay the court a certain amount of money to secure your temporary release. If you fail to appear for your court dates, the court can forfeit your bail, meaning the money or assets put up for your release are lost. On the other hand, if you attend all required court appearances, the bail amount will be returned, minus any administrative fees, once the case is concluded.
How Is Bail Set?
In California, bail amounts are influenced by several factors. Courts use a bail schedule, which sets standard bail amounts for different offenses, but judges have the discretion to adjust the amount based on the circumstances of each case.
Factors Influencing Bail Amounts:
- Nature and Seriousness of the Crime: The more serious the charge (e.g., violent felonies or offenses involving weapons), the higher the bail. Crimes involving bodily harm or large-scale fraud often result in higher bail amounts.
- Criminal History: If the defendant has a history of prior offenses, especially similar charges, bail is often set higher or denied.
- Risk of Flight: The court considers whether the defendant is a flight risk—meaning, whether they are likely to flee the jurisdiction instead of appearing in court.
- Ties to the Community: Defendants with strong ties to their local community, such as family, employment, or property ownership, are less likely to flee, which may result in a lower bail amount.
- Public Safety: If the court believes the defendant poses a risk to the community, they may set a higher bail or deny bail altogether.
Bail Options in California
There are several ways to post bail in California, depending on your financial situation and the severity of the charges. These options include:
Cash Bail
This is the simplest option but also the most difficult for many people to afford. With cash bail, you pay the full bail amount upfront. If you attend all court hearings, the bail amount is refunded after the case concludes (minus some court fees). However, if the bail amount is set at a high figure—$50,000 or more—many defendants cannot afford to post the full amount in cash.
Bail Bonds
If paying the full cash bail is not an option, many people turn to a bail bond agent. A bail bond allows you to secure your release by paying a percentage of the bail amount, usually around 10%, to a bond agent. The bond agent then posts the full amount with the court on your behalf.
Keep in mind that the 10% fee is non-refundable, even if you make all your court appearances. For example, if your bail is set at $100,000, you’ll pay a bail bond agent $10,000, and the agent will guarantee the rest. If you miss any court appearances, the agent may send bounty hunters to locate you and take you back into custody, and you may be responsible for the full bail amount.
Property Bond
In some cases, you may be able to use a property bond to secure your release. With this option, you put up real estate—like a house or commercial property—as collateral for the bail amount. If you fail to appear in court, the court can seize your property.
Release on Own Recognizance (O.R.)
In certain cases, the judge may release you on your own recognizance (O.R.), which means you don’t have to post bail. O.R. releases are typically granted for low-level, non-violent offenses and for defendants with no prior criminal record. When granted an O.R. release, you must sign an agreement to return for all court appearances and follow any other conditions the judge may impose.
Bail Hearings: Requesting a Reduction
If the bail amount set at the time of arrest is too high, you or your attorney can request a bail reduction hearing. At this hearing, your attorney can argue that the initial bail is excessive and should be lowered based on factors such as:
- Your lack of criminal history
- Strong ties to the community
- Employment status
- Family responsibilities
- Evidence of cooperation with the investigation
The prosecutor, in turn, will argue against a reduction by presenting evidence that justifies the original bail amount, such as the severity of the crime or risk to public safety.
It’s essential to have a skilled criminal defense attorney represent you at the bail hearing to make a strong case for a reduction, as the bail amount can dramatically affect your ability to defend yourself. Staying in custody hampers your ability to work, take care of your family, and actively participate in your defense.
What Happens If You Can’t Post Bail?
If you cannot post bail, you will remain in custody until your trial or until your case is resolved. This can make it harder for you to assist in your defense, and prolonged time in jail can affect your work, personal relationships, and mental health. In some cases, if your attorney can demonstrate that you’re not a flight risk and don’t pose a danger to the public, the judge may reconsider the bail amount or grant an O.R. release at a later date.
Final Thoughts
The bail process in California can be complex and daunting, especially when you or a loved one is facing criminal charges. Understanding your options and the factors that influence bail amounts is crucial to securing release and mounting an effective defense. We’ve helped countless clients navigate the bail process and fight for reductions that make release possible.
If you or someone you know has been arrested and needs assistance with bail, contact an experienced attorney who can advocate on your behalf at every stage of the process. Time is critical after an arrest, and having the right legal representation can make all the difference.
Don’t allow criminal charges to put your future at risk—get in touch with an experienced criminal defense attorney who will advocate for your rights and work relentlessly to achieve the best possible result. Contact Lamano Law Office today for a confidential consultation, and let us guide you through your case and safeguard your future.
