Bail is a formidable sum of money that courts in California can require to let individuals who have been charged with a crime be released from jail while awaiting their court date. The idea is that if they do not attend their court date, they forfeit the amount of the bail bond. This is designed to discourage fleeing and missing court dates.
In the following post, we will find out how California law prevents an individual from being held in jail simply because they cannot pay bail. We'll also look at what you can expect from a bail hearing and why it's crucial to choose a trustworthy bail agent to represent you.
Right To A Fair Bail Amount
In California, a bail bond is a monetary promise that the defendant will indeed attend their court dates. If an individual does not have access to the full amount they need for bail, a bail bond agent will pay the court the money so that the individual can be released while awaiting trial. Before that happens, the individual or their loved one must agree to the bond, which usually includes a non-refundable fee of around 10% of the overall bail amount, collateral to put against the bond in case it is broken, and a contract stating the individual will appear in court.
One of the most important things to be aware of when dealing with bail in California is that they have a 'fair amount' law. This means an individual cannot be held in custody simply because they cannot pay the amount of bail due.
Bail Amounts and How They Are Set in California
Bail amounts are not standardized across California. Instead, each county has a bail schedule set by a county judge that lists the recommended bail payments for a range of different crimes. However, in some cases, judges will modify these amounts based on the particulars of the case. In particular, the following factors will have an impact on whether they maintain, raise, or lower the bail amount needed:
- An individual's ability to post bail. In California, bail may be lowered if an individual is unable to post bail solely for this reason.
- Previous criminal record. A judge may increase bail if an individual has a record of previously committing offenses.
- Severity of crime. A judge may increase an individual's bail amount based on how serious the crime committed was.
- Flight risk. If the judge suspects you may leave town and not attend your scheduled court dates, they may raise the bail amount. Conversely, if you have always attended court dates in the past or have compelling things keeping you in the state such as a young family or a job, they may maintain or lower the bail rate.
The Protections Against Excessive Bail
In the state of California, individuals are protected against excessive bail amounts being imposed. There are several legal precedents for this, including that in California individuals are only allowed to be incarcerated before their trial if it is in the interest of the safety of the victim or the public. This is a ruling from the California Supreme Court, so not being able to afford to pay bail alone is not enough to keep someone in jail.
To ensure that no individual is kept in jail before their hearing for the sole reason that they cannot afford their bail amount, the California Supreme Court has instituted Humphrey Hearings. These are hearings that take place once a person has been arrested to check that there are valid reasons aside from affordability that the individual is being kept incarcerated. Additionally, in some California counties like Los Angeles, some individuals are required to be released without paying any bail, including anyone arrested for non-violent or non-serious felonies and misdemeanors.
What to Expect During a Bail Hearing
During a bail hearing the judge can raise, lower, or maintain the bail amount. There are only four outcomes that can arise from a bail hearing:
1. The defendant is released without bail. This is known as being released on their own recognizance.
2. The defendant is released on bail but will also be required to stick to other conditions.
3. The individual is granted bail and will be released on payment of this to the court.
4. Bail is denied and the individual is not released. This tends to be mostly for violent felonies.
The Importance of Choosing a Licensed and Ethical Bail Bondsman
As securing bail is crucial to being released before an individual's trial, you must choose a trustworthy and licensed bail bondsman who is informed on California's fair bail amount laws. Bail bondsmen are a vital option for individuals who do not have access to the full amount of money needed for bail. If you would like to discuss your California bail options with a well-known, expert, and trusted bail bond agency, contact King Stahlman® Bail Bonds today.