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Felony versus misdemeanor charges in California – different guidelines to follow and a range of charges for the judge to choose from. If you’re facing a felony charge in CA, you’ll definitely be paying a much higher fee to post bail. That’s why it’s best to understand the bail process and what available options you have.
A felony is a punishable crime leading to imprisonment or death. Some common examples include assault with a deadly weapon, robbery, rape, and murder.
Bail is money put forward to release a person from jail pending trial. The purpose of bail is similar to a promise that the defendant will return to court for their appointed hearing date. If the defendant refuses to show up in court, bail will be forfeited and a warrant will be issued immediately for his/her arrest.
In the state of California, bail is set by the current judge in charge at arraignment. All factors will be considered before a numerical value is assigned to the bail. Some things to consider include the severity of the crime, the criminal history of the defendant, and whether or not he/she is a flight risk. Flight risk means that the person accused is more than likely going to flee the jurisdiction before the next appearance in court. If there is a flight risk, bail may be set higher.
There’s no real way to answer this question, as it all depends on the factors being considered and ultimately, the judge’s decision.
All in all, felonies in California often cannot be paid full in cash. The defendant or loved ones of the defendant will likely have to work with a bail bonds company to post bail.
Misdemeanors often have bail amounts set in the low thousands. Felonies, on the other hand, can have bail amounts set at $1 million or more, depending on the severity of the crime and other allotted factors. That’s why most people looking to post bail work through a bail bond company.
How does it work? Well, the bail bond company that you choose will post bail on the defendant’s behalf, all you have to do is pay 10% of the full amount. Granted, if the defendant doesn’t show up for the appointed court date, the remaining 90% may be due. Oftentimes, the bail bond company will hire a bounty hunter to track down the ‘missing’ defendant to make sure all monies are paid.
1- Cash Bail Bonds
A cash bail bond requires the defendant or cosigner to pay the full bail amount upon release. The bail is later returned to the payee at the end of the court case. If fees are implemented, those monies are not returned.
2- Property Bail Bonds
A property bail bond requires the defendant or cosigner to use property that they own as collateral to post bail. If the defendant does not appear for the court case, the property may be seized. It’s likely that a bounty hunter will be hired to track down the defendant, too.
3- Surety Bail Bonds
A surety bail bond requires the defendant or cosigner to work with a bail bonds company, paying 10% of the total bail amount. That 10% is non-refundable. The remaining 90% will be covered, unless the defendant does not show up to his/her court date. If the accused is a no-show, the remaining monies may be due and a bounty hunter may be hired.