The Bail Process
Bail bonds aren't something very many people have to deal with. The laws and processes around securing a bond for a person in jail can be confusing for this reason. It's important to fully understand the details of the Bail Bond Process. The bond is a surety to provide a financial amount as an incentive for defendants to appear at court on the date to come in the near future after being released.
People who cannot secure a bond must usually remain in jail from the moment of arrest until the end of the criminal trial. This could be several months or longer. Defendants who post a bond are released from jail since the money is considered as an incentive to return when the trail starts. Bonds are usually posted through special agencies or bondsmen. The Bail Bond Regulatory Act in 1937 made the CDI or California Department of Insurance regulate the bail bond industry.
A bail bond is a type of surety that a bail bond company posts to the court on behalf of an arrestee, ensuring their presence at all scheduled court appearances. Once a bail bond is posted, the court will release the person in custody. Licensed bail agents, who are the authorized representatives of licensed surety insurance companies, underwrite and issue bail bonds.
California Bail Laws
In California, to bail someone out of jail, the full amount of the bail must be paid to the jail or a bond posted. In some cases, an arresting officer can request that bail be set at an amount that is higher than what the bail schedule indicates. However, this decision must be approved by a judge1. In March 2021, the California Supreme Court ruled that setting bail at an amount a person cannot afford to pay is unconstitutional2.Senate Bill 262 was passed in California in 2022 and requires the court to order the return of money or property only for a bail contract entered into on or after January 1, 20223.
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How this can Affect You
Most of the people we see going in and out of court account for hundreds of thousands dollars in expenses the city has to pay for in order to be continuously arresting and booking people in and then releasing them. The financial impact is significant to communities. In the case of "Bail Reform" we're taking a huge risk to the safety and well being of the community at large. We recently had a person arrested with the charge of holding 45 lbs of crystal meth , he was free to go , released without bail. One would be hard pressed to find an individual less likely to show up in court facing a minimum of 10 years in prison.