When you are arrested for a crime, the court usually determines a bail amount you will pay to secure your release from police custody. This amount is often based on the nature of the offense and your past criminal history. Once you post bail, you will secure your release from police custody while you wait for your trial. That means you will stay out of jail on bail until the court trial concludes. But what if you decide to remain in custody and not post bail? Will your bail amount decrease if you remain behind bars, or can it stay the same? This blog addresses questions about how California bail functions work and what occurs if you opt to stay in custody.
Bond Impact: Does It Decrease in Jail?
Many individuals know that paying bail allows you to avoid jail time, return home, and prepare for your court hearing. But what happens when you disregard the bail? Does your bond go down when you stay behind bars? Some defendants think that doing this could reduce the bail amount. However, it does not. Your time behind bars does not determine the bail amount you must pay.
The amount of bail you need depends on other factors, including:
The Severity of the Crime
For certain offenses, particularly violent ones, the court may not allow bail for the defendant, especially for repeat offenders or those who threaten witnesses. For less serious charges like misdemeanors, bail amounts are usually predetermined and can be adjusted based on the defendant’s circumstances.
Past Offenses and Charges
Repeat offenders often face more challenges in securing a bail agreement from the court. However, if the repeated offense is minor and non-violent and the defendant has previously complied with court orders and bail amounts, the court may set the same amount again.
The court does not intend to punish the defendant through bail but tries to ensure that the accused appears for their scheduled court dates.
Assessing Flight Risk
Individuals with family, friends, and jobs in the community are less likely to skip bail, known as “failure to appear.” Such defendants might even be released on their own recognizance, as they would face social repercussions for missing their court date.
Defendants facing serious charges or who have massive financial resources abroad and could leave the state or country without serious consequences are considered flight risks.
The County’s Bail Schedule
Each county in California has its bail schedule. For instance, you can check San Diego’s Bail Schedule for different offenses and their minimum bail amounts. For example, the minimum bail for child cruelty is $25,000, while illegal acts on university or college grounds may only require a bail of $250.
When setting the bail, the judge’s goal is to set a bail amount that would be too high for the defendant to forfeit by not appearing in court on the scheduled date.
So, why does your bail not decrease while you are in jail? That is because the duration of your stay does not determine bail amounts. The charges and the bail amount remain the same whether you are in custody for several hours or 30 days.
Jail Release: Can You Avoid Bail Payments?
In theory, you can avoid bail costs by dismissing bail and remaining in jail for your case. However, very few individuals opt for this option, as being behind bars is unpleasant, mainly if you believe you will win the court case and be acquitted. However, this is the only way of avoiding bail payments altogether.
You can work with a bail bonds company if you want to pay your bail. To do this, you must pay a service fee, typically ten percent of the bail amount. The bail bondsman will then pay your bail to secure your release.
If you appear for all your court hearings until the case concludes, the court releases your bail bond, and the funds posted go back to the relevant bail bonds company. However, this arrangement only works if you adhere to the imposed bail conditions. If you skip court hearings or attempt to flee, you will end up behind bars and may have to settle the full bail amount yourself.
Also, if you are in such an arrangement, you cannot escape the bail payments owed to the bail bond company. Failing to make these payments can lead the company to take legal action, including seeking a court order for you to pay them. In addition, most bail bond companies require collateral from clients, so if you do not pay, they may seize your property, such as your house or car.
Alternatives to Paying Bail: What Are Your Options?
If the bail sum is too high for you to afford, there are a few options you can explore. One option is to obtain a bail bond, which we have already discussed. Another alternative is using property bonds, where your home is used as collateral. This option carries significant risk, but you should be fine if you adhere to the bail conditions.
Additionally, you can consider Pretrial Release programs designed for low-income individuals. The court sometimes provides these programs for those who cannot pay bail, allowing them to return home to their loved ones until their court dates. However, being granted this option is quite rare, and you may still be placed under house arrest.
Lastly, you can request that your bail bonds service approach the courts and request a bail hearing. In this proceeding, they can plead for a reduced bail amount. While you will still pay bail, it will be significantly lower than the original amount.
Find a Bail Bonds Company Near Me
Many people think that staying in jail will lower their bail amount. However, this is not the case. If you want to lower your bail amount, you can request the court to reconsider the amount by explaining your financial situation. Additionally, you can contact a skilled bail bonds service like Mr. Nice Guy Bail Bonds if you need bail bonds services in California. Contact us today at 844-400-2245 to speak with one of our bail bondsmen.
