If you face an arrest for violating California law, you will be detained in jail as you wait for the court to schedule your trial. Spending weeks or months behind bars, waiting for your trial to begin, can be a traumatizing experience.

In addition to the stigma of being locked up, you will miss out on family time and work. A defendant must post bail for a release with a pending criminal case. Bail money in California is set by a judge at arraignment, and it guarantees the court your return to follow up with your case. Depending on your financial circumstances, you can post your bail in cash, property, or a bail bond.

The bail a judge sets in your case could make a difference between sitting in jail and walking free. Therefore, understanding how you can reduce or eliminate the bail is critical. Unless you qualify for your own recognition (OR) release, you will need the services of a reliable Temecula Bail Bonds Company for guidance in the bail posting process.

Bail Reduction

Bail is the money a defendant must pay the court for a release from custody before trial. Bail guarantees that the defendant will not flee jurisdiction after the release, and they will make future court appearances for their case. Failure to appear for trial or other court proceedings after a bail release will result in a forfeiture.

The amount you need to pay for a release before a judge determines the trial during your first arraignment. If the bail amount is high, it can affect your financial well-being. Fortunately, you have the opportunity to seek a bail reduction or elimination. There are several ways through which you can have your bail reduced, including:

Bail Reduction Through Attorney Application

Your first appearance before the court after an arrest at the arraignment, you will be informed of your criminal charges, and you can enter a plea. Entering a plea means you plead guilty, not guilty, or no contest against your charges. At this stage, your criminal defense attorney can apply for bail reduction. Your attorney will convince the court to reduce your bail by arguing that:

  • You have strong ties to the community.
  • Your offense is not severe.
  • You have a good history of appearing for court hearings.
  • Releasing you from jail will not pose a threat to other people.

Filing a Bail Reduction Motion

California law prohibits setting high bail amounts. Therefore, if your bail is too high, you can file a motion to reduce it. In this case, your motion will be based on constitutional or statutory factors. Although there are no specific rules to determine whether bail is too high, your defense attorney can formulate arguments to convince the court to reduce the amount.

A common factor that could help you receive your bail in the bail reduction motion is your financial capacity. By proving to the court that you cannot pay the set bail amount, you can reduce it to an affordable amount.

Filing a Motion for Change of Circumstances

The judge sets your bail by considering the circumstances of your case. California law allows courts to reduce your bail if there is a change of circumstances in your case. Under California Penal Code 1289, good cause is a viable reason to reduce bail. For example, if your attorney is successful in having some of your charges reduced or the aggravating circumstances of your case reduced, you could be eligible for a bail reduction.

Eliminating your Bail in California

Even when your bail is reduced, the final bail amount could be too high, given your circumstances. However, not all defendants in California need to make a monetary commitment for a release.

You can have your bail eliminated, allowing you to be released without bail. Commonly known as an own recognizance release, a release without bail is not for everyone. Some of the factors that the court will consider before releasing you without bail include:

  • Your criminal history. California law is strict on repeat offenders. Your past convictions not only affect your sentencing but can also impact your ability to secure a bail release. The court can release you on your own recognizance if your underlying offense is your first.
  • Your court appearance record. If you have battled a criminal case in the past, the court will check your history of court appearances. You must post bail for release if you have a history of skipping bail or violating court orders.
  • The severity of your offense. Bail elimination is only available for defendants facing charges for less serious misdemeanor offenses. If your underlying charge is for a violent felony, the judge cannot eliminate your bail.
  • The maximum potential sentence for your case. The possible sentence you stand to face after a conviction for your offense could help determine your eligibility for bail elimination. If you are charged with a crime punishable by life imprisonment or capital punishment, the court may order you to be detained until your case is resolved.
  • Your flight risk. Posting bail is a motivation for defendants to return to court for trial. Skipping bail can result in losing the bail money and other legal repercussions. Flight risk is the likelihood that you will flee after posting bail. The court will not grant you your OR release if you have a high flight risk. Your flight risk is determined by the strength of your community ties through employment or family.
  • Your ability to post bail. Arrests are unexpected, which could put you in severe financial stress. You can seek your recognizance release by proving to the court that you have no resources to post bail or pay for bail bond services.
  • Community safety. Although releasing defendants on bail allows them to continue with their lives while their case is pending, the court is interested in ensuring the safety of other people. Whether or not your petition for release without bail will be accepted will depend on the level of risk you pose to the community after a release.

If the court agrees to eliminate your bail, you will not need to present any money to the court for release. Instead, you will sign a note promising to:

Appear for All Court Proceedings, Including Trial.

Before your OR release, you must agree to be present for all court proceedings to resolve your criminal case. When a defendant is released on bail and fails to appear for trial, the court will forfeit the bail amount. However, there will be no bail forfeiture for defendants who secure an OR release. Instead, you could be arrested. After an arrest for violating your OR release, the court will set a bail amount that you must pay or remain behind bars.

Follow the Bail Conditions

Even for defendants released without bail, the court could impose bail conditions. When signing an OR release promissory note, you must agree to follow the bail conditions. The bail conditions vary depending on the nature of your offense, and they include:

  • Surrender your driver’s license and passport to the court.
  • Submit to random drug testing.
  • Obey a stay-away order issued to protect the victim of your crimes.
  • Wear an electronic monitoring device.

You Will not Leave the State Without the Court’s Permission

After a release on your own recognizance, you must remain in the jurisdiction of your arrest until your case ends. If you wish to leave the state, you must seek permission from the court. Leaving without permission may be treated as skipping bail and cause severe legal repercussions.

Waive Extradition

If your petition to eliminate bail is granted, you must sign a waiver for your extradition. If you are found outside California without the court's knowledge or permission, you can be returned to the state to face the consequences of your actions.

How to Pay Your Bail

Unless you face charges for a capital crime or a violent felony or are on parole hold, you will be entitled to a bail release in California. There are different ways through which you can post bail, including:

Cash Bail

Posting a cash bail is the fastest way to secure a release from jail with a pending trial. However, this type of bail is available for individuals who can present the total bail amount to the court before a release. When you want to post cash bail, you will not need a third party.

One of the drawbacks of posting cash bail is the risk of losing the bail money when a defendant flees or violates the bail conditions. Additionally, posting high bail amounts in cash could result in suspicion from the court and financial scrutiny. This will invade your financial privacy and sometimes delay the release process.

Property Bonds

If you do not have the money needed to post a cash bail, you can use your equity in real property to secure a release. In this case, the court will place a line on the property and can only lift it after the case has ended. The court determines the property's value, which can be accepted as a bond.

A hearing will be scheduled before the court accepts your property bond. At the property bond hearing, the value and ownership of the property you seek to present are determined. When attending a property bond hearing, you must present ownership, value, and appraisal documents. If the property is jointly owned, all the owners must appear for the hearing. Like in cash bail, you could lose the property used for bail in a forfeiture if the defendant skips bail.

Bail Bonds

California courts are known for setting high bail amounts. If you cannot post the bail set by the judge, you will be entitled to a bail review within five days of being in custody. Most defendants in California secure a release from jail through a bail bond. Seeking a bail bond involves contacting a Temecula bail bonds company for their assistance.

These companies offer financial assistance and expert guidance to navigate the bail process. When you contact the right company, they will send a bail bondsman to assess your bail bond eligibility and post bail for the defendant.

When you post a bail bond, you will not be responsible for presenting the full bail amount to the court. The Temecula bail bondsman will go to court and pay the bail before the defendant is released. In return, you will pay a service fee of up to 10% of the bail.

When you post a bail bond for a loved one or friend, you are considered a co-signer of their bail bond. This gives you the responsibility to pay the service fee and ensure the defendant is present at all court proceedings. Additionally, your Temecula bail bonds company can mandate that you provide collateral to secure the bail bond and avoid losing its money in a forfeiture.

Find a Competent Temecula Bail Bonds Company Near Me

The judge sets your bail after an arrest in California. You will be required to pay bail before securing a release. However, you do not have to pay the amount set in your initial hearing. The court allows you to seek a reduction or elimination of your bail, which can be done by filing a bail reduction motion.

Whether or not the judge will reduce or eliminate your bail will depend on several factors in your case, including your criminal history, flight risk, and offense severity. Even with a reduced bail, many defendants and their families lack the financial resources to present a cash bail. This makes a bail bond the most favorable option to secure a release.

At Fausto Bail Bonds, we understand the devastation of watching a loved one go to jail. Our Temecula bail bondsmen are available 24/7 to offer the fast and reliable bail bond services you need. Contact us at 855-328-7867 to discuss your case.