Once somebody is arrested and booked into jail on criminal charges, a bail amount will be set. In Orange County, there is a bail schedule that is generally followed unless there are factors to increase or decrease the bail – or in some cases allow a defendant to be released on their written promise to appear.
Some exceptions to the setting of bail include:
- Warrants for violating probation: Often, the judge that issued the warrant will make it a “no bail” warrant, meaning that once a probationer is arrested on the warrant, they must be brought to court before they can be released.
- Capital murder: In murder cases where there are special circumstances alleged, making the accused potentially eligible for the death penalty, bail can be denied
- Out of state warrants: In some instances, warrants from other states are ineligible for bail to be posted and the defendant will be extradited back to the issuing state.
In all other cases, once bail is set, either by law enforcement or by the judge once the accused is brought to court, you can post bail and get them released.
Bail can be posted either through a cash bail or through a bail bonds company. If you plan on posting a cash bail, the jail will need the entire amount of the bail in full before releasing the defendant. As long as the accused makes all their court appearances, you will get all of the bail money posted at the conclusion of the case.
If you cannot post the entire amount (as most people can’t), you can arrange for the bail to be posted through a bail bonds company. They charge a fee (usually a percentage of the bail amount) in order for them to post a bond for the entire amount. As long as the accused makes all their court appearances, they remain out on their bond. At the end of the case, the bonds company gets their money back, but the fee they charge you does not get refunded. That fee is the cost of doing business with them and is not returned.
If your loved one is in custody and you’re considering bailing them out, please read this article. If you are also looking for representation for them, I can often arrange a reduction in bail, release without the posting of bail or get you in touch with a reputable bail company.
Contact me to discuss the situation further.
(714) 532-3600 [I can be reached 24 hours a day for emergencies]