The bail process allows defendants to be released from custody while awaiting their court hearing. However, many people are unfamiliar with how the bail process works. Learn the answers here to many of the common questions asked by
The criminal process is confusing for defendants. Each step of the procedure is complex and requires knowledge of how the legal system works to navigate with confidence.
If you or someone you know has been charged with a criminal offense, you probably have many questions. One of the first parts of the criminal procedure that you will encounter is the bail .
Bail in California
California requires defendant to be released from custody after their arrest. Essentially, bail is posted as collateral to ensure the defendant returns to court for future appearances.
How Much Will Bail Be?
The exact bail amount varies depending on the crime and bail schedule. A bail schedule bail amounts for specific crime. Most criminal charges have a designated bail amount that is automatically set for defendants. To see what your bail might be set at, see Los Angeles’ misdemeanor bail schedule or the felony bail schedule.
here are several factors the judge will consider when setting your bail. The:
- The details of the case
- If a criminal record
- If a flight risk
What Are No Bail Offenses?
In California, some criminal qualify as No Bail offenses. The most common No Bail offenses are:
- Probation or parole violations
- Bench warrants and extradition warrants from another state
- Serious financial or drug crimes
- Serious crimes murder
What is Bail Hold?
bail hold, also known as a 1275 hold. California Penal Code 1275.1 states that bail “shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.”
This means that some defendants may have to prove that thebail do not come from an illegal source. A bail hold can be placed by an arresting officer, a prosecutor, or a judge.
For the hold to be lifted, defendants must prove that their bail money comes from a legitimate source.
The Bail Process
When Can I Post Bail?
The bail process starts a defendant is arrested and booked.
efendant may bail schedule. If they choose not to pay at that they wait until their first court hearing, which is usually their arraignment.
At arraignment, the defendant will enter a plea, and the judge will set the bail. After that, the defendant may post bail at any time.
If an arraignment does not occur within 48 hours of the defendant’s arrest and booking, they may be given a bail hearing.
Regardless of when or how a defendant is released, they will most likely have to relinquish certain rights. Release from custody often entails agreeing to submit to testing, periodic searches, or meetings with a probation officer.
What is Booking?
The booking process can take anywhere from a few hours to most of the day. Law enforcement will fingerprint and search the defendant. They may also look for any outstanding warrants the defendant may have.
What is a Bail Bondsman?
A bail bondsman acts as a for defendants. Bail bondspersons agree to post bail in exchange for a nonrefundable fee, usually ten percent of the bail amount.
Bail bondspersons are usually familiar with the jails in their area. Because they know how the jail operates, bail understand the proper procedures and have experience with the bail process and jails.
What is a Bail Hearing?
During a bail hearing, criminal defense attorneys can argue for a lowered bail or for their client to be released on their own recognizance. efense lawyers have to p that the defendant is not a danger to anyone and is not a flight risk.
What is an OR Release?
At the bail hearing, an attorney may ask the judge to grant an OR release. If granted, the defendant is released on their own recognizance. This means that they do not have to post bail. The defendant only has to promise in writing that they will appear for all future court proceedings.
How Do I Post Bail?
Bail can be posted 24 hours a day, as those are the Los Angeles Police Department’s hours. The LAPD accepts bail payments in the following forms:
- Valid surety bond
- Cashier’s check made out to the Los Angeles Police Department’s Bail Account and drawn on a California bank
- Western Union or US Postal money orders
How Do I Find Someone in Jail?
If you are trying to locate someone in jail, you can call 213-473-6100 at any hour to find information about anyone in a jail operated by the Los Angeles Police Department or Los Angeles County Sherriff’s Department.
Can I Visit Someone in Jail?
Arrestees are permitted one visit a day during visiting hours, though they can see an attorney, bail bondsperson, or clergy member at any time.
After Posting Bail, How Long Until I am Released?
The wait time between bail postage and defendant release varies depending on the facility and the crime. Usually, the wait time after posting bail can be anywhere from 15 minutes to 2 hours.
Warrant checks, shift changes, holds, fingerprinting, and the day of the week can affect how long it takes for a defendant to be released. Larger county jails usually take longer than smaller jails, though all wait times vary.
Now You Know
The bail process is complicated and intimidating. If you or someone you know has been charged with a crime, you should speak with an attorney right away. Every moment can make a difference.
While you may not think you need a defense attorney for the bail process, having legal representation can help significantly.
We understand what’s at stake and the operation of California’s bail process. Let attorney Tarek Shawky guide you .