If you or a loved one has been arrested, whether during the commission of a suspected crime or based upon an arrest warrant, bail is automatically set by the jail based on a uniform bail schedule. Applications can be made to a judge by law enforcement officers to raise the bail due to certain factors such as the seriousness of the offense and potential for flight risk.
Once arrested, a person must be arraigned in court within 48 hours excluding weekends, holidays, and non-business hours. At the arraignment, the issue of bail can be addressed with the court. The judge has the authority to reduce the bail or release a person on his or her own recognizance, which is a promise to return to the court appearances without having to post bail. Waiting until the arraignment to post bail may, in some cases, allow an individual or his/her family to save a significant amount of money in bail premiums. However, in some cases, it may be better to post bail immediately to allow the individual to appear in court out of custody. In deciding whether to post bail, it is imperative to contact a criminal attorney for a consultation and expert legal advice.
Bail can be posted by paying the full amount of the bail directly to the jail. By posting a cash bail, the entire amount of the bail is returned once the case is over and the person charged has made all designated court appearances.
Bail can also be posted by using a professionally licensed and insured bail bond company to post the bond. In these cases, the bail company posts a company surety bond and you pay an 8-10% non-refundable premium. Property bonds can also be posted with the court if there is sufficient equity.
A person who is out on bail who does not appear for their scheduled court appearances can face forfeiture of their bail bond and have a bench warrant issued for their arrest. In these cases the person would need to pay an entirely new bail bond OR ask the bail company to re-assume the bond.
The Law Offices of C. Bradley Patton has extensive experience on the issues of arrests, bench warrants, and bail. Contact our criminal attorney in San Diego for a consultation and allow our office to help save you money and stress when dealing with this stage of the criminal process.
Contact our team of San Diego criminal defense attorneys here for a free consultation. Our Carlsbad, California DUI defense team serve all of San Diego County including San Diego, El Cajon, Escondido, Pacific Beach, Oceanside, Vista, Chula Vista, San Ysidro, San Marcos, National City, Santee, Poway, Imperial Beach, Lemon Grove, Coronado, Solana Beach, Encinitas, Ocean Beach and Hillcrest.