How Do Bail Bonds Work In California?

Posted on Jun 27th, 2023 by Jesse Kleis 570 Views

Have you or a loved one ever been charged with a crime in California? Regardless of whether you are guilty or innocent, this is always going to be a stressful and potentially frightening experience. Particularly, if you are unsure what happens next.

If you are charged with a crime, then you will be booked and processed. You will be required to provide your personal details and you will then be added to the system. Once this step has occurred, you will be placed in a holding cell. You will remain in jail until your court hearing unless you post bail. In this guide, we’ll explain everything that you need to know about posting bail bonds as well as the option of using bail bonds.

California Bail Bonds Explained

Bail refers to the amount of money that a criminal defendant will be required to pay to get out of jail before their trial. The bail amount is determined at a court hearing. During this stage, a judge will decide whether you can post bail to leave jail and how much you will need to pay.

In some cases, you may not be able to afford the cost of bail or you may not have the money freely available. In situations like this, you could consider exploring the option of a bail bond. Bail bonds are typically used by individuals who can not afford the full cost or part of the cost of the bail without support.

How Is Bail Set In California?

As mentioned, the bail amount is set at an individual’s first court appearance. This may also be referred to as the arraignment stage. A judge may release the individual with their own recognizance (OR). If the crime is minor, then a judge may choose this option, particularly if the individual in question has no history or record of criminal behavior and is considered to be an upstanding citizen.

In other cases, the OR may be denied and the budget will impose bail. Usually, in cases where the charge is considered small, a person will be released without bail once they are arrested.

In cases where there are accidental injuries or significant property damage, it is likely that you will need to post bail before you can leave jail. Be aware that an arresting officer also has the power to request a higher bail amount than the judge decides or that has been suggested in the bail schedule. This is one of the reasons why it’s important that you are cooperative during your arrest, even if you know that you are innocent.

Examples Of Bail Costs In California

While there are other factors that will determine the bail amount, the main element considered by the judge is the crime that you have been charged with. Some examples of crimes and their bail amount include:

$500,000 - murder
$100,000 - stalking
$50,00 involuntary manslaughter
$5,000 - child abuse

As you can see, depending on the crime you are charged with, the cost of bail could be relatively easy to afford up to a high percentage of your overall assets.

Other Factors That Impact The Cost Of Bail

As well as considering the severity of the defense, there are other factors that will be considered when setting your bail amount. According to the California Penal Code 1275, a judge will consider elements such as whether a defendant is considered to be a flight risk and if releasing the defendant could endanger the community. They will also take into account if the offense involved the use of a deadly weapon and if the defendant possesses any illegal drugs.

They should also take into account if the defendant has any previous history of skipping bail or if the defendant is on parole or probation.

Do consider that there are general exceptions to the standard roles and the amount of bail that will be set. For instance, you are likely to be required to pay the highest amount for a crime you committed if you have been charged with multiple crimes.

The bail amount may also be doubled if you have other criminal convictions in the past such as cases of domestic violence. Bail amounts may also be increased if other factors are present and relevant such as severe bodily injury.

Can You Get Your Bail Reduced In California?

It may be possible to get your bail reduced in California. Your attorney will need to argue your case here and provide reasons why you should have your bail reduced. This can occur during a bail hearing or during your arraignment.

Alternatively, bail may also be reduced to a change in circumstance if good cause is shown. This change in circumstance must relate to the proceedings against you.

Different Types Of Bail In California

There are various different types of bail that defendants can use in California. The right choice will depend on your financial circumstances and whether you can gain support from a friend, family member, or if you have your own assets.

Cash Bond

A cash bond can be used if you have the money available in cash to cover the entire bond amount.

Property Bond

In other cases, a defendant can use a property bond. In cases like this, the property of the defendant, a family member or a friend will be used as security for the bail. For this to be an option, the property must be worth significantly more than the bail amount. If this is not the case, then it will not be approved by the judge as a bond.

Bail Bond

In the vast majority of cases people will use a bail bond to cover the amount required when posting bail. The reason for this is simple. Most people do not have the money available in cash or available in property to cover the cost of bail. Their only option is to borrow the funds through a bail bondsman.

A bail bond agency is contracted through a surety company to cover the amount of bail on your behalf. The bond guarantees compliance with all court-ordered appearances. Usually, you will be required to pay a small portion of the cost of your bail. This is typically around 10% of the total amount.

What Are The Requirements Of Posting Bail?

Your bail amount is refundable aside from the amount that you may need to pay to your bail bond company. This is contingent on you showing up for any court hearings that are scheduled. If you do not show up for your court hearings, then you won’t be able to get your bail amount back. It is also highly unlikely that you will be granted bail if you are ever arrested again in the future. This is why you must make sure that you know the schedule for your court hearings and when you will be required to attend.

Covering The Cost Of Your Bail

As stated, the cost of your bail will be refunded after your court hearing. However, if you are using a bail bond, then you will need to pay a small percentage of the bail amount to the bond company. Depending on the total bail amount, this could still be quite expensive and more than you have available in cash.

The good news is that there are options that you can explore which will mean covering the cost is easier. For instance, at Mr Nice Guy Bail Bonds, we provide financing which means that the cost of your bail can be spread over months or even years. This can include a low down payment that is more affordable compared to the total amount.

What About 1% Bail Bonds?

You may have heard about 1% bail bonds or seen them posted online. It is important to be aware that companies who offer this solution are not providing you with a bond service at just 1% the total cost of the bail. Instead, this is an example of a small down payment. You may only need to pay 1% of the total cost. However, the remainder of the fee will need to be paid in the future. If you fail to do this, then you risk the chance of legal action from your bail bond company.

How To Use A Bail Bonds Service In California

If you can not afford the cost of bail, then you will need to use a bail bonds company. There are lots of companies like this operating in California that you can consider using. However, they do not all provide the same high quality service or the options that you will need. As such, it’s important to make sure that you are researching the company carefully to make sure that they can deliver the service that you require. It can be useful to choose a local company. If there is an issue posting bail, your bondsman may need to visit the courthouse or the jail where you or a loved one are being held. A local company can be there in minutes to resolve an issue.

If it is a loved one or a family member who has been charged with a crime then you may not be aware of where they are being held in California. This can depend on where they are arrested as well as the charge. A bail bond company may be able to help you by providing information on their location and advice on posting bail.

Once your loved one has been located, you can then post the required bail amount. Again, if you don’t have this information available, your bail bond company will be able to find this out for you without any delays or issues.

A bail bond company can ensure that the process of posting bail is smooth and there are no issues at this stage. This means that you won’t have to worry about any unnecessary delays when getting your loved one out of jail.

In most cases collateral and credit checks will not be required when you are using a bail bonds service. However, this may depend on elements such as the crime that you were charged with, your criminal history, and the amount required to post bail. Once you have posted bail, your loved one will be free to leave jail and can remain at home, within the state, until their court hearing.

Can A Cash Bail Be Refused?

It is possible for the judge to refuse to accept a cash bail. This will usually occur if you have been involved in criminal activities and the court suspects that the money used for posting bail has been gained through criminal actions. In a situation like this, you may need to use a bail bond company, even if you do have the cash available.

Get The Support That You Need

We hope this helps you understand everything that you need to know about bail bonds in California and why this might be the best option if you or a loved one has been charged with a crime. Remember, you do not need to be there in person to post bail. By using a bail bonds company, you can post bail online or over the phone. This means that you could help someone post bail even if you are in another state or in another company.

At Mr Nice Guy Bail Bonds we strive to ensure that posting bail is as easy as possible. We want to make sure that you or a loved one isn’t stuck in jail for a moment longer than necessary.

Some of the benefits of using our bail bond service include: