Will an Arrest Result in Immediate Jail Time?

More specifically, will the police take your friend or family member to jail? After an arrest, the defendant (the person who the police arrested) will go to jail. If the district or city attorney decides not to file charges, your friend or relative will not need to stay in jail. This means you won't need to bail the defendant out of jail. Instead, the police will release your friend or family member.

If the district or city attorney does decide to file charges, the defendant can either stay in jail until the arraignment or post bail. Some defendants are released on their own recognizance (also known as O.R.). An O.R. release requires the defendant to return for arraignment on their own. A prosecutor must recommend an O.R. release. This is typically reserved for defendants who have strong ties to the local community, are employed, and don't pose a flight risk.

Some defendants may not have the right to bail. These include those charged with a capital offense, felony offense with acts of violence, felony sexual assault, or felony with a threat of great bodily harm, according to the Judicial Council of California. Defendants who are on a parole hold, immigration hold, or have an extradition warrant may also not qualify for bail.

What Happens If the Court Requires Bail?

The court may require bail to ensure (or at least increase the odds) of the defendant's return for an arraignment. There are a few different ways to provide bail in California. You can pay a cash or monetary deposit, use another (allowable and accepted) type of security deposit, or use a bail bond.

A judge will set your friend's or family member's bail amount. The California State Constitution prohibits the use of excessive bail. This means the court can't set an exceedingly high bail amount simply to punish the defendant.

When the judge sets bail, they will consider several factors. These may include the seriousness of the offense, the defendant's prior criminal record (if any), community ties, the defendant's finances, number of offenses, possible sentence severity, and whether the court feels there is a high probability the defendant will return for the 

After the amount is set, the defendant must post bail. While some people can afford a monetary deposit, others may not have the financial means to do so easily. If your friend or relative doesn't have cash, savings, or another source of money to use for bail, they may ask you to borrow the deposit.

What Happens If You Can't Afford Bail?

Your friend or family member can't afford the full bail amount - and neither can you. What should you do next? You could ask another friend or relative to fund the bail. But this isn't always an option. If you can't finance the full amount of bail, you have the option to secure a bond. This type of surety bond is a percentage of the total bail amount. You may not get this premium back. This is the money the bond company earns for putting up the rest of the bail amount.

Along with the monetary percentage, you may need to provide some form of collateral (cash or non-cash). Provided your friend or relative goes to their hearing, you will get the collateral back.

Do you need a bail bond? Contact Albert Ramirez Bail Bonds for more information.