Understand California’s Bail System
- in Laws
The police came in and arrested a loved one. What does a person do? First, they will need to locate a bail agency that can help with bailing them out of jail. Understanding the bail process can help a person to make sense of things. California’s bail system works in a way where the arrested gets released from jail after they put the money down on it, called a cash bond. The cash bond acts as an assurance that the individual will show up on the scheduled court date.
What Happens without Bail?
After criminal charges get pressed, the person goes before a judge to determine the bail amount. If this didn’t happen, the individual would stay in jail until their scheduled court date. This could mean months or even years spent behind bars waiting for a court date. That doesn’t even account for innocence or guilt. The United States court system adopts a saying called, “Innocent until proven guilty.” This means that those arrested and charged with a crime have a right to get released from jail.
How Does It Work?
First, the judge examines the person’s criminal record. Do they have a history of not showing up in court on the suggested date? In addition, the judge considers the severity of a crime. Someone who has an extensive criminal record may not be allowed to leave because the judge sees them as a risk for running. This is known as a risk assessment system and different factors play a role. After they determine the bail amount, the loved one can get released from jail. They simply need someone to pay the bail amount. This is the process of bail booking. The one who plans to pay the bail agency should have all the necessary bail bond documents on hand. Some of the documents needed include:
- Driver’s license
- Social security number
- Individual’s full name
- Location of the jail
- Bail amount
In general, providing the bail bondsman California company with as much information as possible will expedite the process.
Different Bail for Different Crimes
People can get released from jail on different types of bail. The bail agent in California will explain the different types so that people understand the process of bail booking and how it works. Some of the types of bail include:
- Citation release
- Surety bond
- Immigration bond
- Property bond
- Cash bond
California’s bail system includes all of these, and an individual should acquaint themselves with each type so that they understand it better. Each bond differs slightly, but cash is normally involved where it gets paid to the bail agent in California. After this, the process of release begins, but if the person doesn’t show up in court, they can lose the money put down on bail. All the court proceedings must be attended, and they must also follow any restrictions set on the bail. For example, if someone gets out on a domestic abuse charge, based on these criminal charges, they will normally not be allowed to see the other spouse. Should they break any of the conditions of bail, a bail bondsman California company will send out an agent to arrest the individual and take them back to jail.
What Happens if Someone Gets Arrested a Second Time?
If someone gets arrested the second time, they could have to determine bail amount a second time. However, in some cases, the judge won’t grant the individual bail if they have failed to follow through too many times—based on the risk assessment system, they will be too high of a risk. This could mean sitting it out while waiting for the case to go to court.
The severity of crime will also be considered. Someone committed murder or other serious charges will have less likelihood of getting released. Whenever someone wants to bail out another person, they should come with all the bail bond documents because this will have real importance in helping them to get released quickly. Telling the bail agent the details of the case will also expedite the process.