Dealing with Bail in California
There is no set amount for bail; the amount of bail varies depending on the offense, and it will be held by the authorities until your case is completed. Usually, the amount of fail set by the court is set on:
- The severity of the alleged crime committed,
- Whether the defendant poses the risk of flying overseas if released, and
- Whether the defendant is a possible threat to the community if released
If you fail to show up in all the court cases you were required to attend, the bail may be forfeited and you may not be able to get it back. Bail that is in the form of personal or real property may be required to be at least twice the value of the cash payment required to post bail.
If you’ve been arrested or you’re dealing with a criminal case, it is best to reach out to an attorney. Our experienced Gold River criminal defense attorneys can provide you with a personal case evaluation to determine the best course of action to take for your situation.
How Bail is Decided
The bail set is decided by a judge. However, many people don’t want to stay in jail for long and couldn’t wait for a judge’s decision. So most precincts have established standard bail schedules where a specific amount of bail is set for most crimes. If you’re arrested, you can often get out of jail right away by paying bail.
If you want to post bail but you don’t have enough money to pay the amount required by the bail schedule, you can request a judge to reduce the bail amount. You can do this by either going through a special bail hearing or by going to court for an arraignment hearing.
Our Gold River bail attorney at The Chastaine Law Office can help you reduce your bail amount in California. Call us at 916-890-0654 to talk to a trusted criminal defense attorney today.
Recently, courts have decided to use math calculations to determine decisions about releasing a defendant’s pretrial. In these jurisdictions, certain information of the defendant is input into a program where a score will be calculated.
This bail algorithm will take into account factors such as criminal history and age to determine the likelihood of the defendant to fail to appear in court or commit another crime after being released.
The Eighth Amendment of the U.S. Constitution explicitly prohibits “excessive bail.” This means that bail shouldn’t be used to primarily raise funds for the government and to punish a person for being a crime suspect.
However, there is no definite explanation for the term “excessive bail” in the Constitution. The U.S. Supreme Court has taken this to mean that the bail shouldn’t be set so high with the underlying motive of keeping the defendant in jail. However, the Court has also decided that the Eighth Amendment’s bar doesn’t create a right to any bail; meaning, under circumstances, the court may refuse to set bail and release a defendant.
Bail and the refusal to set bail implicate the right to due process of a defendant that is found in the Fifth Amendment and Fourteenth Amendment in the Constitution. Because of this, the Supreme Court requires a judge to provide a compelling governmental interest for refusing to set bail or for trying to keep a defendant in jail while pending trial. The primary purpose of bail is to allow the arrested person to go while they’re not yet convicted of a crime while ensuring that they will appear in court for trial.
If you’ve bailed out, you must comply with certain “conditions of release.” If you failed to comply and violate the conditions, a judge may revoke your bail and have you arrested again and returned to jail. One common bail condition is that the defendant must “obey all laws.” Other conditions may be specific to the crime committed. For example, a suspect for domestic violence must not contact the alleged domestic violence victim.
Posting Bail in Gold River, CA
When posting bail, any of the following forms are usually accepted:
- Paying the full amount of bail. For example, if the court or the police have set a bail of $1,000, you may post the full amount in cash or swipe it in a credit card.
- Purchasing a bail bond (guaranteed payment of the bail) from a bond seller who charges a non-refundable premium of about 10% of the bail. For example, if the court or the police has set a bail at $2,000, then you can purchase a bail bond for about $200. The seller would then have to pay the bail in full if you fail to show up in court.
- Depositing property in court that is at least equivalent in worth with the bail. For example, if the court or police has set a bail of $2,000, and you own a watch that is worth that amount, then you use your watch to post bail.
- Present a waiver of payment on the condition that you will appear in court on the schedule given by the court (also known release on one’s own recognizance).
Call Our Gold River Bail Attorney Today!
If you’re facing criminal charges such as a misdemeanor assault, drug crimes, or domestic violence and you need help dealing with bail, our Gold River criminal defense attorneys at The Chastaine Law Office can help you understand the legal process of posting bail and the California state laws pertaining to it. Contact us today at 916-932-7150 for an initial consultation.