Navigating the criminal justice system can be daunting, especially when dealing with the complexities of bail and bond. In California, the bail process is a critical component of pretrial release, allowing individuals to secure their release from custody while awaiting court proceedings. This article provides an overview of how bail and bond work and the importance of legal assistance during this process.
How Bail Works
All California counties have their own bail schedules that set the amount for each type of crime. Bail serves as a financial guarantee that the individual will appear in court as required. Typically, when someone is arrested they are held in custody until their court date.
Understanding the Bail Process
The bail process begins with the arrest of an individual and their subsequent booking into jail. Following this, a bail hearing is scheduled to determine if they can be released on bail. The bail amount is typically set during a person’s first court appearance, known as the arraignment. At this stage, a judge can either release the individual on their own recognizance (OR), meaning they promise to return for their next court date, or deny OR and establish a bail amount. When making this decision, the judge considers several factors, including:
- The severity of the crime.
- The defendant’s criminal record.
- Any previous failures to appear in court.
- Whether the defendant is currently on parole or probation.
Bail Hearing and Bond Requirements
There are three main ways to post bail, including cash bail, bail bond and property bond. A bond is essentially a financial agreement that ensures the defendant makes their requisite court appearances. Posting bail can be done through these various methods, depending on the specific requirements set during the bail hearing:
- Cash bond – This requires the full bail amount to be paid in cash up front and is returned if the defendant appears at all court proceedings. It is the most advantageous way to post bail for its simplicity but also the most financially burdensome.
- Bail bond – This involves a bail bondsperson who agrees to pay the full bail amount if the defendant fails to appear in court. The defendant or a cosigner pays a fee to the bondsperson, a percentage of the bail amount, which California law caps at 10 percent. This method is the most common way to make bail. If you do not follow court orders, you may face extra fees, and if you miss a court appearance, the bail bonds company is authorized to try and collect the full bail amount from you.
- Property bond – This enables real estate to be used as collateral to cover the bail amount. Property values must be established by a professional appraisal, and although this type of bond allows for larger bail amounts, it also involves more complex legal procedures.
Legal Assistance
The importance of having a criminal defense attorney during the bail process cannot be overstated. An experienced lawyer can provide the legal knowledge and support needed to maneuver through bail hearings and bond requirements. In Orange County, Attorney David A. Stein ensures that defendants understand their rights, the legal requirements and their obligations during the process.
An attorney is crucial when deciding between using cash bail, a bail bond, or a property bond because they can analyze the specific details of a case and provide strategic advice on which option best suits the client’s legal strategy, taking into account factors like financial resources, the severity of the charges, and the potential impact on the defendant’s overall case.
