We use “bail somebody out” so often, but what happens when it becomes literal? If somebody you care about has been arrested in California, how do you bail them out?
How does bail work in California? What happens if you can’t afford bail? Who is, and is not, eligible?
How Does the Bail Process Work in California?
If you’re asking, “How do I bail someone out of jail” we help you understand how the process works. When somebody is arrested, they are booked into the police station. Depending on the offense and the situation, they may be initially kept in a cell at the station or in a local detention center, or they may be immediately transferred to the county jail.
California requires each county to set a bail schedule. This allows bail to be posted before an initial hearing with a judge. However, it can sometimes be beneficial to wait for the hearing as the judge may show leniency and lower the bail.
Bail is set primarily according to the seriousness of the crime. However, a judge may take into account other factors, the chief one being whether they consider you to be a flight risk. The more likely you are to disappear, the higher the bail set. For minor offenses, the person may be released on their recognizance, which simply means they promised to show up. They may, however, have certain conditions. They may be required to surrender their weapons, stay away from people involved in the case, or enter alcohol or drug treatment. Similar conditions can also be put on people released on bail.
If you have the money, you can simply pay cash bail. As long as the person shows up to court, you will get your money back eventually. The purpose of bail is a “deposit” on the person, a financial incentive to make sure they show up. You can also place a property bond, which is common with extremely high bail amounts but rare otherwise.
The most common way to pay bail, however, is to engage a bail bondsman. The bail bondsman takes a fee, usually 7-10% of the bail amount. Their fee is nonrefundable as it covers their costs. If it is still too high, bail bondsmen offer payment plans. They may request collateral to secure the bond. If the person doesn’t show up, the bail bondsman may send a bounty hunter to collect them so they can get their money back. If you are a cosignor or indemnitor on the bond, meaning you are responsible for the bail if the person disappears.
Eligibility For Bail in California
Most people who are arrested are eligible for bail. However, bail may be denied by the judge for serious crimes, such as murder, or if the person is judged to be an extreme flight risk. Bail might be denied if the crime is fairly serious and the person has no strong ties to the area. You can’t be held only because you can’t afford bail…you can be held until bail is posted, but judges can’t declare you ineligible for bail just because you’re poor.
Factors That Can Influence Bail Eligibility
The primary factors that influence bail eligibility are:
- The severity of the crime and the likelihood that you will commit it again. For example, murderers are often held without bail, but somebody who kills somebody while driving drunk may be granted bail…but not allowed to drive.
- Your past criminal record. Habitual offenders may not be given bail or may be charged a higher amount.
- The court’s assessment of your flight risk. Somebody with young kids, for example, may be more likely to be eligible for bail or have it set at a lower amount because they are unlikely to abandon their children.
Contact Power Bail Bonds
If you have a loved one or friend who has been arrested and you want to get them out, but neither of you can afford a bond, contact Power Bail Bonds. We take calls any time of the day or night and can post bail immediately. We offer affordable payment plans to make sure your loved one can get out of jail fast.
Image source: rafa jodar via Shutterstock
