General Bail Information

General Bail Information

The Jail Booking Process

1. In many cases, once a person is arrested and taken into custody, they go through the jail booking process.
2. Jail booking process differs depending on the arresting agency, but common steps in the jail booking process include:
   • Logging information about the alleged crime the suspect was arrested for
   • Obtaining the suspect’s personal information
   • Checking the suspect’s background for outstanding warrants, past arrests, and past convictions
   • Taking the suspect’s fingerprints and photos
   • A full-body search of the suspect
   • A general health check of the suspect to determine medical needs
   • Taking and storing a suspect’s personal items (i.e. clothing, keys, wallet, jewelry, etc.)
   • Placement in a holding cell

What Is Bail?

1. Bail allows an accused person to be released from custody while their case is pending
2. Bail is the amount of money that must be posted in order to secure an accused person’s release from custody
3. Bail can be posted by an accused person, or by some other person on behalf of the accused
4. The purpose of bail is to guarantee an accused person’s appearance in court for their case

How is Bail Set?

1. Generally, bail is set according to a countywide bail schedule
2. A bail schedule lays out what a bail amount should be based on the charges faced by the accused
3. A court can look at several factors to justify raising or lowering bail from the schedule amount including:
   • Public safety (danger posed by the accused to the community)
   • Seriousness of the charged offense
   • Flight risk posed by the accused
   • Prior history of failing to appear in court
4. A defense attorney can file a bail review motion with the court to have the court review and possibly lower the bail on a particular case
   • In California, once a bail review motion is filed, the prosecution is given two days to respond to the motion before the court will make a ruling on the motion to reduce bail

What is a Bail Bond?

1. A bail bond is a financial guarantee made by or on behalf of a criminal defendant that is used to guarantee their appearance in court through the end of their trial.
2. A bail bond can be forfeited if an accused fails to appear in court after the bail bond has been posted

The Bail Process

1. After an arrest, bail is set
2. Once bail is set, contact a bail company
   • Provide the company with information such as defendant’s name and where they are in custody (city name and/or jail facility name)
3. The bail company will then work with the jail to secure your release by issuing a bond in the full amount of the bail set

Bail Rates

1. Bail bond companies in California charge a premium for the bail bond
   1. The premium is typically 10% of the full bail amount, plus any other fees authorized or required by law (so the premium for a $30,000 bail bond would be $3,000 plus any fees)
2. The premium is not refundable once the defendant is released from custody
3. Once bail is set, contact a bail company
4. Often times, a bail company will offer flexible payment plans to pay for the premium
5. In some cases, bail companies offer discounted premiums for certain individuals
   • Potential examples of individuals who qualify for a discounted premium might include:
     • Members of a qualified union
     • Defendants who have retained private counsel
     • Veterans and members of the Armed Forces and their immediate families

6. The bail company will then work with the jail to secure a person’s release by issuing a bond in the full amount of the bail set

What Does It Mean When Bail Is “Forfeited?”

1. Bail is forfeited when the accused fails to appear in court on the charges for which bail was posted.
2. Once bail is forfeited, the full bail amount is forfeited to the court.
3. If the court issues an arrest warrant for the accused after failing to appear, the accused must post a brand-new bail amount in order to bail out again.
4. Bail can be reinstated after being forfeited if good cause is shown within a grace period as to why the accused failed to appear in court.
5. Once bail is exonerated, the full bail amount is returned to the depositor (if an accused bailed out using a bail bond, the premium paid for the bail bond is not returned to the accused).

What Does It Mean When Bail Is “Exonerated?”

1. Bail is exonerated when bail has served its purpose.
2. Once bail is exonerated, the full bail amount is returned to the depositor (if an accused bailed out using a bail bond, the premium paid for the bail bond is not returned to the accused)
3. Exoneration of bail can occur in the following situations:
   • After a demurrer is sustained
   • After a case is dismissed
   • After a defendant is committed to custody after an adverse verdict
   • After a defendant is found mentally incompetent to stand trial
4. If bail is exonerated following a dismissal and the prosecutor refiles the case, bail on the original offense must be applied to the new case if filed within 15 calendar days of dismissal (this protects the accused from having to pay costs associated with the premium on a second bail bond)

Can A Person Be Placed In Custody Even After Posting Bail?

1. A person who has already posted bail can still be placed back in custody. Here are some examples of situations where a defendant can be placed back in custody after posting bail:
   1. The court has discretion to put a defendant who has appeared for trial back into custody (Pen. 1129);
   2. After an adverse verdict;
   3. After appeal;
   4. After failing to appear in court;
   5. After failing to post an increased bail amount ordered by the court;
   6. After being held to answer after a preliminary hearing.

10 Ways Hiring A Lawyer Can Help With Bail

1. A lawyer can explain what bail is, how it works, and who to contact to for bail.
2. A lawyer will know which types of cases an accused has a right to bail, and which types of cases bail is discretionary.
3. A lawyer can review the bail schedule and let the client know what bail is likely to be set at so the client can make arrangements with a bail bonds company before court.
4. A lawyer can draft and file a legal motion requesting bail to be reduced.
5. A lawyer can request the court to release an accused on their own recognizance (released from custody without having to post bail).
6. A lawyer can oppose a motion by the prosecution to increase an accused’s bail amount.
7. A lawyer can communicate with the court on an accused’s behalf if they fail to appear asking the court to hold a warrant rather than issue a warrant if good cause exists.
8. A lawyer can explain reasons to the court why an accused failed to appear at a previous court appearance so that bail may not be forfeited.
9. A lawyer can file a writ of habeas corpus to have bail issues reviewed by a higher court.
10. A lawyer can advise the client about any consequences associated with failing to appear in court while released on bail or on their own recognizance (O.R.).