Frequently Asked Questions

If you or your loved one has been arrested, you may be wondering what next. California’s criminal justice system can be complicated. It is not straightforward, and a newbie could be lost on what to do next. The greatest concern for most people is how long they will be kept in custody before a judge determines their case.

You have a right to an earlier release before your arraignment in court, even after a prosecutor has filed charges against you in court. The law allows you to be released on either bail or your own recognizance. In both cases, the court trusts that you’ll return on the set date for trial.

The judge determines the mode of your release. In most cases, you will be required to post bail for your freedom. But if you are a popular person or a person that the judge believes will appear in court on the set date, you will be released without posting bail, popularly known as release on personal or own recognizance.

If you cannot be released before trial, the police will tell you once you are placed in jail. The law requires the judge to hold a trial in less than two days not to violate your rights to a speedy trial.

Bail is a set of restrictions imposed on a suspect before trial to ensure that they will not interfere with the judicial process. It is the conditional release of a defendant by the court, with the promise that the defendant will appear in court as required.

In California, the release from jail is done after the defendant pays a certain amount of money to the court. The money is usually refundable after the conclusion of your case, and the court establishes that you did not violate any conditions of your release.

The 8^th Amendment of the U.S Constitution provides that defendants have a right to reasonable bail. However, the amount can be very high, especially if the judge has a reason to believe that you might not appear in court as required. A court sets a higher bail to make it hard for certain defendants to secure their release from jail.

Not everyone receives a full refund of their bail amount after their case is concluded. As previously mentioned, you are released on condition to appear in court. The court provides a set of other conditions. Failing to abide by these conditions means that you could forfeit your bail. For instance, if you fail to appear in court on the set date, the judge will issue a warrant for your re-arrest, and you automatically forfeit your bail.

Yes. The judge can deny you bail for various reasons. First, if you have committed a serious offense whose penalty is death. As previously mentioned, serious offenders in California might never be released back to the community before trial. The judge can only speed up the trial to avoid keeping them in jail for much longer than the constitution allows.

The judge could deny you bail if there is a parole hold. A parole hold occurs when the parole officer has reasons to believe that you violated the conditions of your parole and are likely to endanger others or flee. If a court imposes a parole hold, you will be detained and cannot be released on bail.

Additionally, a judge could deny you bail in California if there are concerns about public safety. Release on bail means that you will be going back to the community. If you are suspected of hurting someone or a group of people, they might not be safe if you are released from incarceration. That is ground enough for the court to deny your bail application.

You can post bail in cash or through the help of a bail bondsman.

If you can afford the bail amount, you’ll make payment using a cashier’s or certified check, traveler’s check, or money order. In some cases, the police or a court clerk might accept payment through a personal check.

Note that the court won’t accept your money if the source of those funds is implicated in a criminal case. For instance, you cannot post bail from an account believed to belong to a criminal organization.

If the bail amount is too high, you may not afford it. It doesn’t take away your right to an earlier release. You are allowed to contact a certified bail bond dealer for help. If the dealer agrees, he will secure your freedom for a small percentage of the bail money, usually 10%.

Once you pay the bond, the bail bond agent will bring it to court to secure your release. Note that the premium you pay to the bail bond company is non-refundable. The bail bondsman could also ask you to secure your bond if the amount is large. Security could be in the form of certificates for a valuable asset like a car or home.

If you fail to appear in court for trial, you forfeit the bail. The bail bondsman will likely lose money, and you could lose the security as a result.

The most straightforward way you can forfeit a bond is by failing to show up in court on the scheduled date. Remember that release on bail happens before trial. You have to go back to court for trial and the conclusion of your case.

Failing to appear for trial is a criminal offense, punishable by law. You could also lose the bail amount you’ve paid to the court for your release.

If you had sought the help of a bail bondsman to secure your release from jail, the court would issue a notice to your bail agent. At the same time, the court issues a warrant of arrest to the police. The police and the bail bond agent will start looking for you and could arrest you on sight.

If the judge rules that you have lost the bail amount, the bail bondsman will initiate a process to recover the money paid for your release. If you had put up security for your bond, the bail bondsman might sell it to recover its money.

You could also forfeit a bond if you fail to abide by other significant conditions for release. For instance, fleeing the jurisdiction right before your court date could be considered an attempt to avoid trial.

A bail bondsman is the only hope you have of securing an earlier release from jail if the bail amount is too high. However, you must choose the right company to partner with. There are many bail bond companies in Anaheim today. Sadly, you cannot trust all.

Choose a bond dealer that operates within the county where you or your loved one has been arrested. The bail bondsman needs to be familiar with the court’s operations where you are likely to face trial. It will make the process smooth and quick. Thus, you’ll not remain in jail longer than you should.

A reliable bond dealer will put your mind at ease as you await your release from jail. Being arrested is stressful. It becomes even more stressful if you do not know whether you’ll ever be released. You want to work with a bail agent you can rely on for guaranteed release and a speedy bail process.

Consider the services of an affordable bail bondsman. Bail is expensive. It is money you have not budgeted for. Seeking the help of a bail bondsman means that you will pay for their services. It is best to partner with a bail bondsman that will not charge you more than you can afford. Most bail bond companies charge 10% of the total bail for their help. Some will have hidden charges that will double or even triple that amount. First, find out what you’ll be paying in total before signing any agreement.

Bail bond companies are expected to be confidential. It feels great sharing your arrest information with an agent you are sure you can trust. Your bail bond agent will require specific details when securing your release from jail. Knowing you can trust the agent makes it easy for you to provide this information.

The agent will want to know where you or your loved one is kept in custody. You need to know the state, county, city, and name of the jail. It will make it easy for the agent to trace the person whose release from jail they are expected to secure.

The agent will also ask for the full name of the defendant and their jail number. The information will be needed when the agent contacts the jail to inquire about the defendant’s bail.

The agent will need to know the total bail amount. You will be given this information on your first arraignment when the judge determines your eligibility for bail and how much it should be. If your case doesn’t need a bail hearing, the arresting officer can tell you how much bail you need to pay for your release.

Your bail agent will probably want to know whether you will willingly appear in court on the set date and if you are planning to relocate to another county or state.

If the bail amount is high, the agent might want you to secure the bond just to be sure of your willingness to appear and abide by the court conditions until the conclusion of your case.