Understanding Bail: Your Key to Pretrial Release

Insights on Bail – Definition, Setting Procedures, and Payment Options

Facing arrest can be a daunting experience, but at Jackson Law, we provide you guidance on securing your release from jail promptly. The primary method to regain your freedom is known as “posting bail.” Bail is a financial arrangement that an arrested individual makes with the court to ensure their return for trial. If the defendant attends all court appearances, the bail is returned, but failure to appear will result in the forfeiture of bail and an issued arrest warrant.

Determining the Amount of Bail

The amount of bail is decided by a judge. To expedite release, jails often employ bail schedules for common offenses, allowing individuals to post bail without delay. Constitutional safeguards prevent bail from being prohibitively high, ensuring it serves only to guarantee appearance at trial, without punishing the accused or becoming a revenue source for the government.

Occasionally, higher bails are set to ensure a defendant remains in custody until trial completion, especially in severe cases. While disputes regarding these practices (known as preventative detention) continue, they have yet to be resolved by the U.S. Supreme Court.

Should the standard bail be out of reach financially, the accused has the right to request a reduction, either at a bail hearing or during their initial court appearance, known as arraignment.

Options for Posting Bail

There are several forms that bail can take:

• Complete payment in cash or check,
• Property valuation equal to the bail amount,
• Acquiring a bail bond, which is a guaranteed full bail payment,
• “Release on one’s own recognizance” (O.R.), which involves no financial transaction, but a promise to appear in court.

Opting for a bail bond typically involves paying a nonrefundable premium (around 10% of the bond value) and may require additional collateral. Though it may seem advantageous, a bail bond could be costlier than posting full bail, which is returned after the trial minus any administrative fees.

Release Without Bail – The O.R. Option

For certain candidates, release on one’s own recognizance (O.R.) offers a pathway to freedom without financial burden. This release is granted based on the defendant signing a pledge to attend all required court appearances.

A judge will consider factors such as community ties, length of residence, employment status, and criminal history before granting an O.R. release. Factors that may influence this decision include having family in the area, long-term community residency, stable employment, a clean or minor criminal record, and a history of attending court when previously required.

At Jackson Law, we understand the complexities of the bail system and are here to assist you through each step. For guidance and support following an arrest, contact us at 650-587-8556, and let our knowledge be your guide to navigating the legal system.