Monday, November 2, 2009

FAQ: How Does Bail Work?

Put simply, bail is the security for your appearance at court through trial. 

Upon your being booked the police set bail usiing a bail schedule.  Here for misdemeanors or Here for felonies.  The amount is based solely on what you were charged with and is cumulative.  That is, if you were charged with three offenses, the police would add the bail schedule amounts for all three.  Likewise, if charges are later added or dismissed the amount of bail could change.

You can call the bail commissioner to have him review the amount of bail set.

Bail can be paid (1) in cash; (2) with a bail bond or (3) with a property bond.  A bail bond is a promise to pay if the defendant doesn't appear obtained through a bail bond agency. They take a security (eg: a lien on your house), plus a fee (10% usually) and promise the court if you do not appear they will pay the full amount of the bond.  A property bond is where you use your property by allowing the county to have a lien on it as security for the defendant's appearance.

At your arraignment your lawyer can request OR (own recognizance) release and a hearing will be scheduled in 5 days when probation prepares a report with a recommendation for OR release or not.

At the arraignment your lawyer can also ask for bail reduction. Bail has to be set in an amount that will assure the presence of each indivual.  The bail set is based on a schedule that does not take the individual defendant into account.  Since excessive bail is equal to no bail, the court has to reduce bail to an amount that will insure the defendants presence, which implies that it's an amount the defendant can come up with.  Any amount higher than that amount is equivalent to setting no bail and requires the State to show that the defendant is a danger to the community.

We are experienced in all areas of obtaining bail for our client.  Check out our website Los Angeles Defenders.

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