In California, bail is the amount of money a defendant pays to the court for a release before trial. Often, bail guarantees the court that the defendant will not flee to avoid the consequences of their actions. While most defendants are entitled to bail, the amount to be paid by each person varies depending on the nature of their charges and other factors in the case.

Before a person is released from jail, the bail money must be presented to the court clerk. California courts are known for setting high bail amounts. For this reason, many defendants and their families lack the necessary funds to secure early release.

Understanding the options available for individuals with no bail is essential to ensuring that your loved one does not remain in jail or make an informed decision on the next step.

The following is what might happen if you do not have bail money:

Seek an Own Recognizance Release

After your arrest and detention in California, the court sets your bail by checking the standard amount on the bail schedules. The bail schedule lists all crimes and the recommended bail amounts for each offense. The bail amount on the schedules will then be adjusted based on the specific factors of your case.

However, not all defendants will require bail for an early release. If you do not have money to post bail, you can request the court for a release on your own recognizance. This means that you do not need to make any monetary commitment. Instead, you will sign a note promising to be present at all court proceedings, including trial.

  • Almost all defendants can qualify for an OR release unless:
  • You face charges for a crime punishable by capital punishment.
  • The OR release would not reasonably ensure that you would show up for trial.
  • Your release could compromise community safety.

You can request an OR release during your arraignment. In such circumstances, you will have the burden of proving that the OR release is the best course of action. You can present evidence showing that you are not a flight risk and that your release will not compromise the safety of other people. You may have a better chance of securing an OR release if you are a first-time offender.

The release without bail helps decongest detention centers and ensures that individuals facing charges for low-level offenses do not spend unnecessary time behind bars. A judge may be required to hold a formal own recognizance release under the following circumstances:

  • You committed the underlying offense while on parole or probation for a felony. One of the conditions of probation and parole is to avoid criminal activity. Therefore, if you request an OR release for a crime committed while on probation, the court must hold a formal hearing to determine your eligibility for release without bail.
  • You are charged with a serious felony. The nature of your criminal charges has a significant impact on your bail amount. If you face charges for serious and violent felonies like assault or rape, the judge must hold a formal hearing before releasing you on your recognizance.

In addition to the nature of your charges and criminal history, the court will consider the prosecutor’s opinion to release you in recognition. Although your OR release will not include a monetary commitment, the court will set some conditions you must follow while on this release.

Remain in Jail

Bail motivates defendants to return to court for trial after a release with a pending case. Those who fail to appear as scheduled after the release will lose the bail money in a forfeiture. Unfortunately, some individuals cannot determine the amount needed for bail release. Another option for defendants who do not have bail money is to remain in jail while the criminal case is pending.

In this case, you will stay behind bars until a judge decides you can leave or when your case is resolved. Sometimes, the judge may move your case up to ensure you spend less time behind bars while awaiting arraignment. Some factors determining the amount of time you stay in jail pending trial include the nature of your crime.

Most defendants who remain in jail do so to avoid the monetary commitment of exploring other options like bail bonds. While this could save someone from dealing with a forfeited bail bond, choosing to remain in jail for lack of bail money is not ideal. Some of the disadvantages of taking this route include:

  • Missing on time and support from family. The moments following an arrest and detention can cause you to be vulnerable. The anticipation of the case outcome or the possibility of spending a lengthy time in jail can take a toll on you. During these moments, you will need all the support you can get from your family and friends. This may not be possible when you are in jail. Even when you have not been found guilty, being in jail limits your freedom, and visitation restrictions exist.
  • Losing your job. While some employers can excuse you from missing a day or two of work, you will mostly lose your job if you fail to show up because you are in jail. You need the income you receive from your job to handle the legal matters of your case. Therefore, it would not be wise to remain in jail.
  • Face stigma. Especially for first-time offenders who have not dealt with the court system, spending time behind bars for lack of bail money can take a toll on your emotional and mental well-being.
  • Inability to cooperate with your lawyer. When you are in jail, you cannot adequately discuss the facts of your case with your lawyer. This is due to the presence of surveillance in the cells. Therefore, remaining in jail for lack of bail money is not ideal.

Post a Bail Bond

The most common way to handle a lack of bail money in California is to seek a bail bond. A bail bond is an agreement you make with a surety company and the court. The bail bonds company will provide the financial assistance and expert guidance you need to secure a release from jail. Securing a bail bond involves contacting a Rancho Mirage bail bonds company.

The company sends a bail bondsman to help you with your case. The role of your Rancho Mirage bail bondsman will include:

  • Investigating your eligibility for the bail bond. A defendant’s criminal history determines their ability to pay for bail bond services and their flight risk.
  • Complete the paperwork. Since bail bonds are a legal agreement, there are numerous documents that the bail bondsman must fill out.
  • Post bail. When you seek bail bond services in California, your bail bondsman is responsible for posting the bail in court for release.
  • Guiding you through the release. The surety company’s role in your case will not end after your release. Instead, they will guide you to ensure you do not skip bail. Failure to do this could result in bail bond forfeiture and the company’s loss.

Before you contact a surety bonds company for assistance in posting bail, you must gather the following pieces of information about the defendant:

  • Their official names
  • The details of the facility where they are held
  • The charges they face
  • The amountl required for their release

Providing this information aids in locating the defendant and drafting a bond agreement.

Benefits of Working with a Rancho Mirage Bail Bonds Company

If you or a loved one is detained in jail and you have no money to post cash bail, a bail bond is the fastest way you can ensure a release. Some of the reasons why posting bail bonds  is a viable option in your case include the following:

  • Affordable

The financial responsibility of posting a bail bond is lower than that of posting a cash bail. You will be responsible for 10% of the bail, which is easier to raise. The 10% acts as a service fee for the bail bond and is not refundable. The amount can be lowered if you negotiate with the surety company.

You can make a repayment plan when you cannot cover the premium fee in a single installment. This lets you make a sizable down payment and cover the rest in installments.

Besides paying the 10% premium, the Rancho Mirage bail bonds company can mandate that you provide collateral for the bond. This could be real estate property, a vehicle, or valuable jewelry. Providing collateral gives the company leverage if you skip bail, and the money paid for a bail bond is lost in forfeiture.

  • Faster Release

Bail bond companies are available anytime you need their services. Additionally, your Rancho Mirage will handle all the facts of your release. This means you can secure a faster release and spend less time behind bars.

  • You Receive Expert Guidance

The bail process can be complicated when you do it alone. In addition to providing the financial assistance needed for a release, the surety company ensures that you understand all the factors and requirements of your release. This can help you avoid violating bail conditions and suffering bail forfeiture.

Seek Bail Reduction

California courts set your bail depending on the circumstances of your case. For this reason, two defendants facing similar charges may be required to pay different bail amounts. Sometimes, you can pay a different amount than what the court sets. You can petition the court to reduce or eliminate the amount if you cannot afford the bail.

The circumstances under which you can file a bail reduction motion in California include the following:

Bail Reduction at Arraignment

You will be informed of your charges during your first court appearance and allowed to enter a plea. With the guidance of your criminal defense lawyer, you can request a bail reduction from the court. You can do this by presenting evidence to show that you are a low-flight risk, do not threaten others, and have a clear criminal record.

Bail Reduction Motion

Arrests are traumatizing yet unexpected occurrences. Therefore, many people do not have money set aside for bail. When the court sets a bail amount you cannot afford, your attorney can file a formal motion to reduce it. Your motion could be based on the constitutional rights that each defendant has against the setting of excessive bail.

Although no exact rule makes bail excessive, your attorney can present persuasive arguments to convince the judge to reduce the bail.

Bail Reduction Due to Changes in Circumstances

The circumstances of your case play a significant role in the amount of bail you will be required to pay for a release. After referencing the bail schedules, the court may use the different factors of your case to increase or reduce the amount. If the circumstances of your case change after the bail has already been set, you can petition the court for a reduction. In this case, you could reference the change in circumstances as the basis of your motion.

Find a Reliable Rancho Mirage Bail Bonds Company Near Me

If you are arrested in California, the court will require you to post bail for release before trial. There are several options for individuals who lack the necessary funds to post bail and secure a release. Some options include remaining in jail while the criminal case pends, seeking an own-recognizance release, and posting a bail bond.

A bail bond is an agreement between a defendant and a surety company in which the company pays bail for the defendant at a fee of 10% of the total bail. Finding the right Rancho Mirage bail bonds company to guide you through the release can go a long way in making your release process more manageable.

At Fausto Bail Bonds, we offer fast and affordable bail services for all our clients facing arrests and charges. Our Rancho Mirage bail bondsmen are available 24/7 to help you navigate the complicated release process. Contact us today at 855-328-7867 to discuss the much-needed assistance.