In the case when a person is arrested in California, they can be released on a pending court date. This can be a release that is mostly bailed. Bail is money or something valuable given to the court as a pledge that the person will show up at future hearings. In case the individual appears in court as directed, the bail will be refunded. Otherwise, the bail is forfeited. Being familiar with the process of bail in California can help everybody involved make the process less stressful.
What is Bail?
Bail does not amount to punishment. It is one method that the court uses to ensure that an individual comes back to his or her trial. One can pay bail in cash, by using property, or a bail bond company in California. The amount will vary with various aspects, which include the severity of the crime being accused of and the history of the individual in question. The judges determine the bail amount as per a fixed schedule, but can vary it after considering the case.
How Bail Is Set
In California, every county has a schedule of bail. This is the standard bail amount for various charges. The staff uses this list to decide on the initial bail amount when someone is booked into jail. During the initial court hearing known as the arraignment, the judge may increase, decrease, or even do away with the bail. The determination is made in a way that the individual may run, there is a risk of their doing harm to the community, or the individual has close connections to the community.
Paying Bail
There are various ways of paying bail. The easiest way is to pay the full sum to the court or jail. It is termed as a cash bail. The other alternative is putting property as security. The property should be valued more than the bail in most cases. Many people also utilize bail bond companies. Such firms will demand a non-refundable fee, usually about 10 per cent of the bail amount, in order to post bail on behalf of a person. This is readily available where the amount of the bail is excessive to make a full payment. Individuals seeking assistance in some fields can find services like Bakersfield bail bonds, if they reside in the area.
Bail Is Denied or Changed
Every defendant does not qualify to get bailed. In California, bail could be refused in cases where the charges are quite serious, like some of the violent crimes, or there is reason to believe that the individual could skip bail or cause harm to others. Bail can also be reduced or increased by the judges after hearing the case of the defense and prosecution. In certain circumstances, a judge may put an individual on their recognizance, that is, they will not be obliged to post bail. This will occur when the court feels that the person will come back without having to be monetarily motivated.
What Happens When You Miss Court Dates
When one fails to appear at a set court date, the court will issue a bench warrant to arrest the individual. Collateral or Bail money may be forfeited. In case of the utilization of a bail bond, the company has to pay the court the complete amount of the bail unless the individual is found and brought back promptly. It may also result in further charges and difficulty in obtaining bail in the future.
Bail Back
Should the defendant appear in court on all the dates that they are scheduled to appear and bail is paid in cash or property, the bail will be returned by the court at the termination of the case, except for some administrative charges. This process of refunding may even take some weeks. In case a bail bond is applied, the amount of money that was paid to the bond company is not refunded. Regardless of whether it is a dismissal or an acquittal case, the fee paid to the company is viewed as payment of a bond.
Conclusion
The goal of the California bail system is to find the right balance between the rights of an individual accused of a crime and the protection of society. It can be beneficial to know how the bail is determined, paid, and enforced so that the process becomes easier. The steps are similar across the state; however, each case is unique. Regardless of the option you pay as cash, property, or through a bond company, these are some of the options that can make the experience through the legal system a bit smoother.
