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Bail in San Diego, California: Understanding the Basics
Technically California is a zero bail state. This means they have declared that it's unconstitutional for people to be held in prison before their arrangement just because they do not have access to enough money to get them out.
However, in practice, there are many places where California's zero bail law is not being strictly followed. Indeed, San Diego, California is one of these places, as they have gone back to the traditional bail system after instituting a zero bail system during the pandemic.
How Does Bail Work in San Diego? Explained
Bail bonds continue to work in San Diego in the traditional way. This means if you have been charged with a crime and want to leave jail before your initial court appearance you can do so by making bail.
To do this you or a family member acting on your behalf needs to post a bail bond. This bond is a financial guarantee that you will attend your trial and not flee. If you do flee you forfeit the bond and the money associated with it.
Since bail amounts tend to be large sums of money, posting bail with a bail bondsman is a popular option. This is because you will not have to find the total amount, but instead only pay 10% of the bond as a non-refundable fee. However, if you skip bail then whomever signed the bail bond will be liable for the rest of the cost.
California Bail Laws: What You Need to Know
California is a pre-arraignment bail state. This means you can have a bail set before your first court appearance.
California is also technically a zero bail state, but the enacting of this differs from county to county and city to city.
Navigating the Bail System in CA
When navigating the bail system in CA it is important to note that several factors are considered as bail is set. How serious the offense you commit is for example someone that stole a small item from a shop is likely to get a lower bail than someone that violently attacked another person.
Whether you have a previous criminal record that shows a pattern of offending will also be taken into consideration. The safety of the general public and your victim is also something the judge will look at when granting bail and can deny it for these reasons. Lastly, if the judge suspects you may flee and not attend your trial they may set a higher value bail or deny it altogether.
Exploring Bail Options in California
There are three types of bail in California as described below.
Cash bail
The full amount in certified funds or cash must be paid to the court
Surety bond
This is the type of bail in which a bondsman is involved. It requires a 10% non-refundable fee, and the rest of the value of the bond will be forfeited by whomever made the bail if the accused does not attend their court appearance.
Property bond
A property bond is one where the person paying the bond can use real estate as collateral. If the bond is broken, they forfeit the real estate used.
What to Expect with Bail in California
When posting bail in California you can expect to progress through several stages:
You are booked and processed by law enforcement
The first is being booked and processed by law enforcement. You will have your fingerprints taken, and a background check will be run. Once this has been done bail can be set, but it can take up to around 8 hours for this process to be completed.
Bail is set
Once you have been booked and processed, bail can be set. There is a formal bail schedule that will be used to set the amount of bail you are asked to pay. This is a good thing for the defendant because it means bail can be set well before they ever are in front of a judge in most cases.
Once bail is set you can choose to pay it and be released from jail, or you can stay incarcerated until your arraignment.
Find a bondsman
If you decide you want to post bail, most people choose to work with a bail bondsman. This is because they don’t have to find the full amount, but only 10% of the value of the bond. They will pay this to the bondsman as a non-refundable deposit. However, whoever posts bail will be believable for the full amount if the defendant does not appear in court.
Complete the bail contract
Once you have decided to work with a bail bondsman a bail contract will be drawn up. Bail contracts tend to be concise, so they can be faxed or completed via email if necessary.
The person who signs the bond contract must understand that they have responsibility for the entire amount of the bond if the defendant should not attend their court dates.
After the bond paperwork has been completed, a bondsman will visit the jail to post the bond, which triggers the release of the defendant. In California bonds can be posted 24/7, so this can help expedite the release of the defendant from jail.
A Closer Look at Bail Laws in California
California is currently wrestling with a Bail reform act. This act makes it unconstitutional for anyone to be held because they cannot afford to pay bail. Except in cases where the accused is considered a risk to the public or at risk of fleeing.
However, in practice in CA, judges still have considerable sway in whether or not they choose to set bail in many locations including San Diego. However, it is worth noting that in the county of Los Angeles, the zero bail rule is now in effect. (even if there are many cities within that country currently fighting against it).
Choose San Diego Bail Bonds for all you bailbond needs
If you need to arrange bail for a loved one or yourself in the San Diego area. Contact our empathetic and helpful team of experts, today here or call us at (619) 233-3383.
