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Under most circumstances, anyone who is arrested in the State of California has the right to be considered innocent until proven guilty. Following charges, however, you will only be permitted to maintain your freedom after posting bail - which is essentially a fee held in escrow to confirm that the defendant will not flee or ignore the terms of their bail.
But who can bail you out and what are your options for getting out of jail after an arrest in the Golden State? Here’s all you need to know.
What happens if you don’t post bail?
Firstly, it should be noted that nobody is forced to post bail. Defendants can also decide to remain in custody until the trial has been adjudicated and a verdict is made. For a misdemeanor, arrestees will be eligible for a trial within 30 days of their arrest. In some cases, then, defendants may opt to avoid posting bail and sit out the pretrial phase in jail.
In most cases, though, the damage that unnecessary time in custody causes will make it an unenviable solution. Reputational damage, financial damage, and relationship problems are all commonplace. With this in mind, posting bail is usually the preferred route to take.
Who can bail you out of jail in California?
If you do choose to pursue bail following an arrest, the good news is that there are no restrictions on who can bail you out - although the funds must come from a legitimate source or they could fall into a 1275 hold, meaning that they will not be returned.
Generally speaking, there are two main options to consider. The first is to post the cash bail fee while the second is to use a registered bail bonds agent to post the fee on your behalf.
Posting cash bail
Posting cash bail is when you post bail by yourself or have a loved one do it on your behalf. The monies will be held by the courts and will be returned to you following the conclusion of your trial, assuming that you meet all terms of the bail agreement. As well as posting cash bail, you could potentially use property to cover the costs.
The return of your cash bail is not influenced by the trial verdict. However, there are some potential drawbacks to consider;
- If your bail is forfeited because you are unable to meet the bail conditions, you’ll lose out on the funds you’ve paid,
- It can often take months for a trial to complete and your funds won’t be returned until several weeks after the conclusion,
- Cash bail fees are often unaffordable for defendants and their families, making it an unavailable path even when it is desired.
Bail fees are typically set to tens of thousands of dollars because courts cannot run the risk of defendants attempting to flee before facing trial. For more severe charges, it can climb into the realm of six figures. If it is an unaffordable option or you cannot gain access to this level of funding quickly, there is another option.
Using a bail bonds company
Another option for paying bail is to use a bail bonds company like Future Bail Bonds. In this case, the bail bonds company will pay the bail fee on your behalf. In return, you will pay a premium that is worth 10% of the bail charge. So, if the bail fee was set to $20,000, you will only pay $2,000 for this service.
In addition to taking on the financial responsibility of your bail amount, the agent will utilize a wealth of experience to ensure that the bail process is completed quickly. If you are calling on behalf of a loved one who has been arrested, we can even track the progress of their bail hearing.
If finding the full bail bond fee is still too much for today, you can also take advantage of various repayment and financing plans, such as 1% bail bonds. Either way, it will cement a quick release from jail that ultimately allows the defendant to return to civilian life and start thinking about their legal defense.
The final thoughts on who can bail you out
Whether you or a loved one has been arrested, there are several options to consider, including the prospect of sitting out the 30 days in custody. For most people, though, posting bail makes more sense from a practical, emotional, and financial perspective.
If you can afford to pay the cash bail fee without worrying about the timeframe before the funds are returned to you, this may be the right option. If your finances are more modest or you simply don’t want that level of financial exposure, bail bonds are the answer.