What Happens if you cannot Post Bail?

The primary purpose of bail is to allow a person accused of a crime to be released from jail while ensuring his or her attendance to the scheduled court hearings. This is basically an agreement between the defendant and the court. The defendant agrees to attend all hearings and meetings as needed in order to resolve the case and once done, the court would return the money. In order to ensure this, bail amount is usually set high by a judge.

A judge has several factors to consider when deciding on the bail amount imposed on the accused. This includes:

1. The nature of the crime committed. The more severe cases can lead to higher bail amounts. In cases of heinous and violent crimes, bail can actually be denied by the judge in order to ensure the safety of the general public.
2. The background of the person can play a huge role in determining bail amount as well. Is the defendant a generally good standing member of society? Does he or she have any previous criminal record? These can greatly affect the bail amount.
3. Does the accused have any record of failing to appear in court in the past?
4. Is the defendant under any type of parole or probation?

All these factors and more would be considered in determining the bail amount of the accused.

California Bail Amount

While there is no set amount for bail in California, the average comes to around $50,000. This amount is well out of reach for a lot of people who are arrested. But they do have other options when it comes to their bail.

Bail Bond

A defendant who cannot afford the bail amount can turn to bail bonds. These are bonds wherein a third party would post bail for the accused in return for a percentage of the bail amount, usually set at 10%. The rest of the bail is then guaranteed through collaterals either by the accused’s own properties such as real estate, cars, jewelry, etc. or by one or more co-signees.

California bail bonds are a useful option for a lot of people; especially those who don’t have enough money to cover bail. For a smaller amount, they are able to post bail and if they attend all their hearings, whether they are found guilty or not, the bond is dissolved and collaterals are returned.

So for example, if you are arrested and bail is set at $50,000, you need to provide $5,000 upfront instead of the full amount. The remaining $45,000 would then be covered by collaterals that you can provide such as cars and jewelry. Once the trial is over, the bond would be dissolved and the collaterals are returned to you. You may have paid $5,000 but at least you did not have to spend months or even years in jail for the duration of the trial.

What if you Can’t Afford Bail?

Even with the option of bail bonds, a lot of people still cannot afford a hefty bail amount. Statistics actually show that 63% of inmates in state county jails are defendants awaiting the conclusion of their trials. This means that most people cannot set bail because they do not have the money and they do not have the collateral to cover the bail bond.

If all options are exhausted and bail is not set, the accused would then have to spend the duration of the trial in jail. They go to the courtroom secured by handcuffs and guards wearing prison clothes. This visual in itself can put off a jury and undermine the overall case of the defendant.

This is why it is important for a defendant to try and exhaust all options to set bail. If he or she does not have enough collateral for a bail bond, relatives and friends can be co-signees and provide the needed collateral. These are returned after the trial anyway.

If you wake up in the middle of the night to a phone call wherein a family member or a friend is in need of help to posting bail in California and other areas through a bond, you might want to send us a message at ABC Bonding. While the past cannot be changed, we can help you make all the right choices moving forward; starting with the right bail bond. We are here for you from start to finish, which is why we offer free consultations. ABC Bonding is a reliable bail bonds company that facilitates you on a priority base.If you want to talk to us today, you can reach is at (805) 544-1000 or send us a message here.