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What Is The New Bail Law In California?
In the state of California, bail must be posted to the court in order for a defendant to be released from jail. The bail money acts as a contracted promise signifying that the arrested person will show up to any and all future court dates regarding the case.
In short, it’s unconstitutional to hold an arrested person on bail simply because they cannot afford it. There needs to be clear, concise evidence that the defendant is a danger to the community’s safety. That’s why people arrested in Los Angeles County cannot be held, unless they have committed a serious or violent felony. The same does not go for all other counties in the state of California.
Specific to L.A. County arrested parties must be released on their own recognizance, which means they don’t have to pay bail. Some may have to follow some rules and restrictions to be released, such as surrendering firearms or maintaining distance from an alleged victim.
Continue reading to learn more about bail and what it means to pay it in California. Counties like San Diego must abide by a bail schedule. Some relevant information will be discussed in the following paragraphs.
What is bail?
The term bail refers to money posted to a court to secure an arrested person’s release from jail. In some cases, the judge will confirm an O.R. release, also known as own recognizance. In this case, the defendant’s spoken word will gain them their freedom in exchange for the promise that they’ll appear in court when told.
In other cases, the judge may deny you the right to post bail depending on the circumstances. This is a rare occurrence, as most crimes do require bail to be posted.
Does bail vary?
The amount of money required to post bail always depends on the crime committed. In fact, all counties in the state of California have their own bail schedules to go by depending on the misdemeanor or felony committed.
As previously stated, L.A. County arrestees can claim an O.R. release where only people arrested with a serious crime have to post bail. The same does not go for other surrounding counties, like San Diego.
Cities that do go by the ‘zero bail’ schedule may have additional requirements to follow, though. Some of those consist of:
- Accompaniment to court by a friend or family member
- Phone conversation, text message conversations, or online conversations as check ins
- Travel restrictions such as requirement to stay in the state or surrender license
- Driving restrictions
- Stay away order from victim
- AA or NA attendance, similar support groups may be approved
- Surrenderance of weapons
- Ignition interlock device
- In person check ins
- Mental health facility treatment programs
- Alcohol abuse facility treatment programs
- Substance abuse facility treatment programs
- Drug and/or alcohol testing
- Home relocation
- Remote alcohol monitoring
- GPS tracking
- Home detention
If you’re in a county that requires cash bail, what can you do?
There are essentially three ways you can post a cash bail, and they include the following:
- Getting the full amount in cash and submitting it to the courts.
- Using a bail bond through a bail bonds company like Synergy Bail Bonds. This is the most common way and only requires 10% posted upfront. The remaining 90% is covered by the bondsman, but your percentage is never returned.
- Through the use of a property bond, allowing the court to place a lien on whatever property you bring forth. If you fail to appear in court, the property will be foreclosed on. This is the rarest form of bond used.