Southern California Defense Blog

This is the second part of a two part article explaining how bail works in California. The bail process can be intimidating because your loved one is in jail and you may not know what to do or who to turn to for proper advice. There are also several bail bond companies which can make things more confusing. This article will explain the different types of bail bonds available, and how obtaining an attorney is the first thing you should do when someone is arrested. We will now explain the three types of ways bail can be posted in California to have a loved one released from custody.

CASH BAIL

Cash bail is the easiest way to post bail. However, most people cannot afford this option. If the bail is $50,000, you can go to the local jail with $50,000 in cash or by way of cashiers check made payable to the local county, and you will be given a receipt for the funds. This cash bail will likely remain posted with the court throughout the pendency of the case. Some criminal cases can remain active for more than one year. During that time your cash is “tied up” and held by the county. If your love one fails to appear or the bail is forfeited for any reason, you can lose your $50,000. Of course you also lose any “interest” that you could be earning on the $50,000 if it was invested.

BAIL BONDSMAN

This is the most common way of posting bail. This example is based upon bail being set at $50.000. If you contact a bail bond agent directly (without first hiring a lawyer) you will pay the bondsman a statutory fee of 10% (in this example $5,000). This fee of $5,000 that you pay to the bondsman is his “fee for taking the risk” that if the accused fails to show up, then his bail bond company (or insurance company he works for) will pay the $50,000 to the court. You never get back this $5,000 fee to the bondsman, even if the accused shows up at all court hearings. In addition to the $5,000, most bail bondsman will require “collateral” from you, such as a deed to your home, or “pink slip” to your car or other property that will stand to lose if the accused fails to show up in court when required to do so. If your loved one fails to appear in court, the court will come after the bail bond company for the $50,000. The bail bonds company can then come after you for the $50,000 and can keep the property they are holding as collateral.

If you first retain a lawyer before obtaining a bail bond agent, the attorney can refer you to a reputable and experienced bondsman who will charge you only 8% vs. 10% as his fee. This is called an “attorney referred bond” and in the example above saves you $1,000 in California bail bond fees. In addition, there are many bail bond companies that do not have a very good reputation. Our law firm works with extremely skilled and qualified bail bond agents who we have known for decades and who will provide you prompt and efficient service if a bail bond is needed.

PROPERTY BOND

This is a way to post bail that is used very rarely. If a property bond is posted then you do not pay any bail bond fees because you post directly with the court the deed to your real property. The way this works, is if the bail is $50,000, you have to have a recent appraisal of your property that verifies that the equity in your property is worth at least two times the bail amount (so in this example, your property must be worth at least $100,000). The court will then have to “approve” the property bond. If the court does, then you post the property bond with the court and you do not have to pay a bondsman. However, you will have to pay an additional fee to your lawyer for putting this paperwork together. This option can save you money, but it also can take as long as two weeks to put all the paperwork together to get this accomplished. If you have questions about this and you or a loved one does have substantial equity in real property in California, this may be an option to discuss with your Los Angeles criminal defense law firm.

Continue reading "Someone I Love is in Jail: How Can I Bail Them Out of Jail? - Part 2 of 2" »

There are 3 ways in which to “post bail” in California for someone who is in jail. This article is designed to explain these options to you and provide you with how “bail works” so you can make an informed decision on making bail and helping to get a loved one out of jail as soon as possible.

In every county in California, the judges must, by law, prepare a “bail schedule” for every crime that exists in California. This bail schedule determines what the initial bail amount will be in every case. When a person is arrested by law enforcement (when the person is not arrested on a warrant) the police officer determines what crimes he or she “believes” the accused will be prosecuted for. Then he lists the crimes that the accused is being charged with and the original bail amount is set based upon the bail schedule for that crime.

A person is legally entitled for a bail amount to be set in almost every type of case in California. There are a few exceptions. If the crime is one for which the accused could face the death penalty, then no bail is permitted. There are few other exceptions. In some cases, the accused may be on felony probation and he is arrested for a felony probation violation. If this occurs, many counties in California require the accused to be placed on a “no bail hold”, meaning he cannot post bail until he appears before a judge.

The amount of bail that is originally set when a person is arrested will depend on the number of criminal charges, and whether the police officer recommends filing the case as a felony vs. a misdemeanor. Bail can range from as low as $500.00 for some minor misdemeanors to as high as $1,000,000 or more. It is important to contact a San Diego criminal defense law firm as soon as you hear that a loved one has been arrested before you make any decision on whether to post bail and if so in which manner to do so.

Why should I contact a criminal defense lawyer before doing anything else?

1. A criminal defense attorney can quickly determine how much it would cost to make bail in your loved one’s case.


2. A criminal defense attorney can explain to you all of your different options as to posting bail.


3. In some cases, a criminal defense attorney can speak to a “detention release officer” and attempt to have the bail lowered or have the accused released without the need to post bail (called release upon his own recognizance). This can save you thousands of dollars.

Continue reading "Someone I Love is in Jail: How Can I Bail Them Out of Jail? - Part 1 of 2" »