Areas of Practice
LA Criminal Attorneys - Bail in Los Angeles
When a person arrested on any charge, the first question asked of a Los Angeles Defense Lawyers is always, “When will they get out?” and “How will they get out?” There are several answers to this question depending on the nature of the charged offense.
A person in custody is usually entitled to bail, and according to the 8Th Amendment of the United States Constitution, the bail cannot be “excessive”. This is often interpreted to mean that the bail must be “reasonable”. What does this mean? In practical application, each County in California usually has a “Bail Schedule” which is used to determine the amount of Bail.
Usually, upon arrest and booking at the police station, bail will be set for the charge on which the person was originally arrested. On the vast majority of crimes, bail is usually set, as a rule of thumb only, at somewhere between $5,000 and $50,000. Most Misdemeanors, including first –time DUI’s and many felonies including drug possession fall within this range. More serious crimes can require a much higher bail which can go up to $1,000,000 or higher.
Many factors other than the new arrest can affect bail. If someone is on Probation, Parole, or has another case which has not been resolved, bail is often increased, or denied altogether and a “No-Bail-Hold” can be placed upon them. Additionally, if a person is a foreign national and their status in the United States is illegal, The Immigration and Naturalization Service (INS) can place a No-Bail-Hold on them.
Once bail is set, then bond may be posted. For discussion sake, let’s say that bail is set at $20,000. Either the entire $20,000 can be posted and the entire $20,000 is returned once the case is concluded and Bond has been exonerated, or, as in most cases, that amount of cash is not available, a bail bond agent will post a “Bond” for about ten percent of the bail, or in this case, $2,000. That $2,000 is non-refundable and is the bail agent’s fee and the purchase of the Surety Bond.
It is critical to remember that in either case, if the person is released on bond and DOES NOT APPEAR IN COURT THE BOND WILL BE FORFEITED, and you will lose the $20,000 posted or be responsible for the remaining $18,000 for the posted bond. Bond can be forfeited for other reasons as well, if the person does not comply with the terms and conditions of release.
If bond is high, a “Bail Review Hearing” may be set to request a reduction in bail. Factors the court will consider are, flight risk, danger to the community, prior record, and the nature of the charge”.
In some case, if the charges are less serious, or other factors exist, a person may be released “O.R.” or on their “Own Recognizance” with a written promise to appear” and bail will not be set or have to be posted.
The law offices of Jeff Rubenstein have the experience and ability to lower your bail and get you out of jail fast.
Call the Los Angeles Criminal Defense legal team at the law offices of Jeffery K Rubenstein at 310-477-2100 today to schedule a free consultation and get on the road to taking care of your legal troubles today!