the process of bailing someone out is confusing. For many it is a first time
understand how you feel and have put together the following pages to help clear
up some of the common questions we hear. Hopefully this will help to educate you
about this process.
is charged with a crime by the arresting agency. The District Attorney [D.A.]
reviews the case and makes a decision whether or not to file charges. If the
D.A. does not file charges, the case is dismissed.
the D.A. does file charges, there will be an arraignment where the defendant
would plead either innocent or guilty.
defendant pleads guilty, he/she would be sentenced and the case would be closed.
If the defendant pleads innocent then a court date would be set.
would then hear the case, reach a verdict, and the case would be closed
How Bail Works
is arrested on a BAILABLE offense,
and the bail is set, the defendant can forfeit his/her right to see a judge
within 72 hours of arrest (weekends and holidays excluded) and bail out.
This is done
most commonly using of two methods:
defendant or someone other than the defendant will post cash bail at the jail.
amount is 100% of the set bail for the defendant's offense.
If the set
bail is $5000, the $5000 cash will need to be posted.
defendant has fulfilled all of his/her obligations by appearing in court on all
matters until the case is resolved the cash posted for his/her release will then
be returned to the party who posted it.
the defendant nor any family members or friends have access to the entire bail
amount, they can call a Licensed Bail Agent and arrange to post a Bail Bond.
To post a
Bail Bond, typically you would need two things: PREMIUM and COLLATERAL.
10% of the set bail (bail = $5000, premium = $500), and is considered earned
once the defendant is released on said bond and at that time is non-refundable.
is something for the Bail Agent to hold until the defendant has finished all
required appearances with the court, at which time it would be returned.
is usually one of four things: CASH, CARS, REAL ESTATE and in some cases,
SIGNATURES of someone who qualifies to be financially responsible to secure the
innocent until proven guilty
entitled to a fair and speedy trial
entitled to make a phone call after being arrested
entitled to know what you are being charged with
entitled to an attorney or a public defender
entitled to have your property returned to you when you are released from jail
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