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Articles Posted in Immediate Jail Release Assistance

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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.

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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.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.