BY | April 10, 2024

Thankfully, San Diego is one of the cities in the US that is seeing a decline in crime. With a reported 2.7% overall decrease in the city, San Diego has one of the lowest crime rates among many big cities in the United States.

But what happens if you find yourself on the wrong side of the law? It’s important to be aware of the legalities that come with an arrest and what happens when you’re in a position where you can’t post bail and get out of jail prior to any trial or court date given to you.

In this article, we’ll explore what happens when you can’t afford bail, how long that stay might be, and what your options are if you don’t have bail support. While it might seem somewhat bleak, it’s important to remain optimistic with the options available. Here’s everything you need to know if you can’t post bail in San Diego.

1. Can't Afford Bail: What Happens Next?

Following an arrest, you’ll often be given the chance to post bail unless the crime is deemed ineligible for bail. This might be due to the fact that you’re a danger to society or you pose a risk of leaving the country.

If you are given bail, then the court will set the bail amount. For some people, this bail might be affordable and can be done through bail loans, for others, it might not be financially possible.

Can’t afford bail? What happens next? If bail isn’t posted in San Diego, then you’ll need to remain in jail until your court date. Unfortunately, that is the reality of not being able to afford bail. However, it’s important to try everything to gather the funds and make bail where possible.

What do you need in order to post bail? Well, if you have the funds available yourself, you can use these to get yourself bail. Otherwise, you’d need to contact a bail bondsman who could be in the form of an individual, agency, or corporation that will act as a surety and pledge money in order to get you out on bail.

You’ll need to make all of your court dates in order to adhere to bail conditions. If you skip these, then you’ll likely have bounty hunters after you. That also means you go back to jail and the bail money is paid back to the bondsman.

2. Jail Stay Without Bail: How Long Can It Be?

So you find yourself unable to post bail. How long is your jail stay? Typically, if you post bail, waiting for the court dates can be a matter of weeks or months. When you’re unable to post bail, it gives you the opportunity for a speedy trial. You’ll be eligible as such under Penal Code 1382.

If you’re held in custody then in San Diego, you have a right to trial arranged within 30 days from your arraignment. For felonies, the timeframe is extended to 60 days. 

3. No Bail Support: What Are Your Options?

What happens if you can’t post bail in San Diego? What are your options if there’s no support? 

If you can’t fund the bail amount yourself, then you could approach close friends and family. There may be relatives who are willing to fork over the money required or part of the money if you have already gathered some of the funds yourself.

Another option would be to approach a bail bondsman in order to front the bail for you. There are often certain requirements depending on which agency or corporation you go with. Usually, you’ll have a number of bail service providers suggested to you and it’s up to you to decide on which one you go with.

There are often bail bondsman offices close to the jail you’re at, so it might not be that you need to look very far in order to find them. Finally, be ready to pay this bail in cash. This is something that is very common when it comes to bail requests as jails and bond sellers don’t take credit cards or personal checks for bail.

It’s good to be prepared and to be aware of what your options are when you’re faced with this situation. Just because you or your loved ones don’t have the money yourself, doesn’t mean you shouldn’t explore other avenues. However, if you don’t want to pay bail, then you don’t have to. Again, not paying bail would make you eligible for a speedy trial.

4. Bail Default Consequences: Unpaid Bonds Explained

It’s important that you adhere to the bail conditions when you post bail. Unpaid bonds will result in a more serious situation for yourself if this becomes the case. 

When bail is posted, you’re allowed to leave the jail under certain conditions. For San Diego, it’s illegal to move out of state without written permission from the court. Bail is also void when you’re arrested for other crimes during this period.

You must attend all of the court dates because if you miss one, then your bail will be canceled. The court will retain all of these fees and this puts you in a whole lot of trouble with the bail bond company.

They’ll likely force you to pay the whole amount, whether that’s with whatever funds you have available or other collateral to make up the rest.

Thankfully, most bail bondsmen in San Diego will work closely with anyone they post bail for. Sending reminders for your court dates to ensure you are turning up for court as and when required. They may also come and take you to the court personally to ensure you’re attending.

Unpaid bail can also result in you returning back to jail and facing further charges for avoiding court or breaking the stipulations of your bail conditions.

Posting bail is important to know more about, especially when states vary in the legalities of it all. Make sure you’re following everything to the letter if you find yourself needing to post bail in San Diego.