BY Jesse Black |
Bail bonds are a necessary part of the criminal justice system. Bail bonds are payments that a defendant makes to get out of jail while still ensuring that he or she will appear at all subsequent court dates. This payment is usually set by the judge presiding over the case, and it can be as little as $50 or millions of dollars. Unfortunately, in California, most bails have historically been set very high, which can make it seem impossible to post bail and get yourself or your loved ones home quickly.
If you’re currently stuck in this situation or wonder how you can get a loved one out of this situation and reduce bail even further, you’ll want to continue reading this article.
How Is Bail Set In California?
Before we get into ways to reduce bail, you should understand how it is set. Bail is the amount of money charged by a judge that is required to be paid for the defendant to leave jail before the trial has occurred. This helps ensure that the defendant will show back up for the trial and appear in court.
There are quite a few factors that have typically been considered when determining the bail amount for each person. This includes:
- The seriousness of the crime and whether or not there was violence involved
- The defendant’s criminal record (if any)
- Whether or not they’re considered an “extreme flight risk.”
- The public safety of the victim and their family
Once this amount has been determined, the defendant must pay it or hire a bail bond company to cover it for them. If they are unable to pay the total amount or the fee of the bail bond company, which is typically 10% of the total cost, then they’ll be stuck in jail until the trial occurs. This means that traditionally, a defendant could be stuck in jail for weeks or months, even if they’re not guilty of the crime they’ve committed.
Why Is A Bail Hearing Important?
A bail hearing is something that can occur at any point after the defendant has been booked into jail. It’s not required, but it does happen if requested by either party involved or even a judge. During a bail hearing, the judge is the final party who has the power to reduce, set, increase, or altogether eliminate your set bail amount. Defendants are entitled to a bail hearing within 48 hours of being arrested.
If you feel like you or your loved one cannot make bail because of financial limitations, then this would be an ideal time to request a reduction in the amount of money set for bail and possibly have them eliminated entirely. This is the only time when the defendant has an opportunity to defend them self or ask for the bail to be reduced.
New Changes In The California Bail Due To The Kenneth Humphrey Case
In March of 2021, the California supreme court ruled that California requirement of holding defendants behind bars simply because they can’t afford their bail payment is unconstitutional. This means that judges should consider a person’s ability to pay bail and favor pretrial release in all situations.
Defendants may still have to enter into bail-reducing conditions that can help lower the price of the bail you need to pay, such as wearing a GPS tracking device, checking into a treatment facility, surrendering your driver’s license or passport, wearing an alcohol monitor, attending AA meetings, and so on. These help to ensure that you won’t try to flee or violate the law before your case hearings.
Bail will still be set for those who can afford it. However, you should only be charged an amount that is within the means of the defendant. While in the past, California only based their bail hearing on the methods listed above, following a set schedule, they didn’t commonly check to see if the defendant could afford the amount they set as bail, which increased the number of people left behind bars simply because they didn’t have the financial means to pay it off.
Who Is Eligible For Bail?
All defendants are eligible for bail unless they have been charged with felony sexual assault, felony offense with “acts of violence,” or with the threat of great bodily harm. In these cases, bail may not be set, and defendants will be held in jail until the trial occurs.
Many people wrongly believe that defendants who have been accused of misdemeanors and non-violent offenses aren’t able to post bond and won’t be released from custody until after their case has gone through court proceedings. This is simply untrue because every defendant deserves the right to due process under our constitution, which means being presumed innocent until proven guilty beyond any reasonable doubt – this includes having an opportunity at pretrial release.
How Can A Defendant Pay For Their Bail?
Regardless of how much money your bail requires, getting out of jail fast should be everyone’s priority. Being incarcerated even for just a few hours could mean losing everything, especially when people rely on you at home or you have a job you can’t miss. Most people opt for bail bond companies because they provide quick, fast results when paying cash isn’t an option. However, to pay for your bail, you can do one of three things. You may either:
- Pay Cash: Paying cash is the quickest way to get released from jail, but it’s also the most expensive option. However, it can be challenging to afford the entire payment when a bond amount is set, depending on your financial limitations.
- Contact A Bail Bond Company: The other feasible option would be to contact a bail bond company that specializes in helping defendants with their bails, so they don’t have to wait until after trial occurs before being set free. This allows them more time at home while awaiting court proceedings which gives them access to legal representation and helps expedite matters during the case process. It also helps to reduce stress levels on all parties involved, including family members who are forced into worrying about whether or not their loved ones will ever return home again.
- Contact A Bail Fund: If you don’t have the means to pay for your full bail amount, or if you can afford it, but it will cause financial hardship within your family and friends (which may add stress), then contacting a bailed fund should be explored. These non-profit organizations exist specifically to help individuals who find themselves in this type of situation get the money they need to post their bails and stay out of jail until a trial occurs. However, these funds are not guaranteed to come quickly or even come at all if your application is denied, which means you could spend more time in jail.
It’s important to note that depending on your bail bond type, you may require additional assistance and help.
Our Bail Bond Companies Worth It?
Bail bond companies are worth it when you need help paying for your bail. They’re not only reliable, but they’ll work diligently and quickly to get you out of jail. While these processes can take a few hours, having a professional by your side will ensure there’s less hassle involved in getting the assistance you deserve and help get you or your loved one back home faster and quicker. Most people choose bail bond companies because they:
- Know What They’re Doing: Bail bond companies know the process, laws, and regulations of bails. They’ll ensure they do everything in their power to get you out of jail quickly so that your paperwork is processed correctly.
- Are Reliable: If you need help paying for bail, these companies are there for you – no matter the situation. You can rely on them to work around whatever time of day it might be to make things run smoothly without any hassle involved at all.
- Will Work Quickly: Bail bond companies understand how difficult this experience can be, especially if the defendant has never been involved in this type of situation before. Regardless of where you live or why you’ve been arrested, getting out of custody fast is essential, which bail bond companies understand entirely.
- Offer Fair Terms: Bail bond companies are known for offering fair terms to their clients – which is one of the most important aspects. When they offer reasonable rates, it means you don’t have to pay more than what’s necessary in order to get back home with your loved ones, so it makes the entire process easier and better altogether. Typically, you will need to pay a 10% down payment to secure your bail from a bail bond company.
Contact Future Bail Bonds today if you need help paying for your bail. We’re the most reliable source for bail bonds in California and offer fair rates with no hidden fees attached to ensure they get their customers back home as soon as possible.