One of the most stressful things in life is to be arrested and unable to afford the bail. The clerk at the courthouse tells you the amount of the bail, $10,000, or $50,000, or more, and your stomach sinks. The majority of individuals do not have tens of thousands of dollars saved at their fingertips. The point is simple: you cannot afford a bail, and you have to get answers. The silver lining is that you are not the only one in this case and California has a few legal alternatives to assist you. Being aware of such options may be the difference between staying in jail and being released as your case moves forward.
Asking the Court to Reduce Bail
A bail reduction hearing is one of your best alternatives. It is a procedural court process that you may request to have a judge reduce the bail. In this hearing, you may provide evidence and reasons as to why the original bail is unreasonable or excessive. Judges take into account a number of things when determining whether or not to reduce bail; these factors include your criminal record, the nature of the charges, your community connections, your occupation, and the risk that you will run.
Good ties to the community are a great asset. In case you have spent several years living in California, you own a house, or you have a constant job, you have family members or you have never missed a court appointment in your life, inform the judge. These aspects prove that you have little chances of escaping and will appear at your trial. A skilled criminal defense lawyer can make such arguments in a convincing way, and frequently they are able to reduce the meaningful bail or even dismiss charges altogether.
Working With a Bail Bondsman
In case of bail reduction failure or when you require a quick release, a bail bondsman is the way to go. A bail bond is a professional, licensed to post bail on your behalf at a fee. This fee in California is normally about 10 percent of the total bail. This implies that in case your bail is $50,000, you would pay $5,000 to the bondsman rather than $50,000 to the court. Most people are able to release due to this dramatic cost difference. The easiest way to find bail bondsman near you is to online search licensed bail bond agencies in your local area or have your criminal defense attorney do the search. A good bondsman is available 24/7, does paperwork fast and takes you through the entire process.
Discussing Release on Own Recognizance (O.R.)
You can be released on your own recognizance (O.R. release) in certain instances. It implies that the judge sets you free without any payment in form of bail whatsoever you just have to sign a document that you will show up on all court dates. This alternative is most suitable in the case of no previous criminal record, good community connection, and non-violent offenses.
Other Programs and Financial Aids
There are other resources available in California. Pretrial Services Programs have been established in some counties and the program offers an alternative to cash bail, such as supervised release and electronic monitoring. Other organizations such as The Bail Project offer free bail services to poor people who are unable to afford bail. These programs evaluate risk and not wealth and so you can be released depending on the chances of appearing in court.
Taking Immediate Action
In case you cannot afford bail, do it now. Immediately seek the advice of a criminal defense lawyer- most of them give free consultations. At your arraignment, which will usually be within 48 hours of arrest, your attorney can have the bail reduced. In these proceedings, time is an important factor.
Conclusion
Not being able to pay bail does not imply that you will remain in jail. California offers various avenues to release based on bail reduction requests, bail bondsmen, O.R. release and community programs. With knowledge of your choices and promptly engaging the services of an experienced legal counsel, you can be assured of release and ready to defend yourself.
