WHAT IS BAIL IN A CRIMINAL CASE?
There are different scenarios in which bail arises in a criminal case.
Bailing Out After Getting Arrested
A person can bail out after they arrested and booked (unless it falls into one of those unique situations where a defendant is not allowed to bail out). The crime for which they were arrested usually determines how much the bail amount will be. However, when they show up to their arraignment, the judge can also raise the bail and they will have to post again to cover the difference. It is important to talk to a lawyer because this is unique to every case.
Bail Issues at Court
When a person appears in court for the first time for their arraignment, which is when they officially enter a plea and tell the court whether they committed the crime or not, the judge will either allow the person to be free while they are fighting the case or make them post bail in order to be out of custody while the case is ongoing.
If the Judge Allows the Defendant to Stay Out of Custody
If the judge allows the defendant to stay out of custody, it means that the defendant is being released on their own recognizance. This means that the court trusts the defendant enough and believes that the defendant will know to show up at the next court date.
If the Judge Sets Bail
If the judge sets bail, it means that he or she wants the defendant to post a certain amount of money in order to remain free while the case is ongoing. For more information on bail and what happens at the first court date, go to our Arraignment page. Usually, the defendant would have to go to a bail bonds company and pay about 7-10% of the whole bail amount. Oftentimes, the bail bonds company will offer payment plans.
What the Lawyer Does to Keep You Out of Jail
When the judge wants to impose bail, a good criminal defense lawyer will argue that the defendant is not a flight risk, which means that they will not go into hiding. The lawyer would also argue that the defendant is not a danger to society despite the accusations that have been made.
Talk to a Lawyer to Understand Your Bail Situation
It is important that you talk to a criminal defense lawyer early in the process so that you don’t end up doing or saying the wrong thing in your case. Talking to a criminal defense lawyer and having them advocate on your behalf may keep you out of jail while you fight your case. We pride ourselves on being aggressive and responsive to our clients and their family members. We AGGRESSIVELY fight cases in LA County, Orange County, Riverside County, San Bernardino County, and all over southern California. The consultation is free. Call us at 213-235-7969 to see how we can help you with your case.