If you or a loved one has been arrested in Los Angeles or the Greater L.A. Area, posting bail is a critical step in getting released from jail. But what exactly is bail, and who is eligible for bail in California? More importantly, what happens if you can’t make bail, or if the judge doesn’t grant you or your loved one bail?

Understanding the bail process can help you navigate this challenging situation. Here at Dan's Bail Bonds, we provide the personal guidance you and your family needs. Dan has more than 20 years of experience in the bail bonds industry in Los Angeles; he can answer your questions and provide more information on what to do next.

What Is Bail?

Bail is a financial arrangement that allows a person who has been arrested to be released from custody while awaiting their court date. It serves as a guarantee that the defendant will return to court as required. If the defendant does not appear in court, they will face additional consequences, including the forfeiture of their bail and/or collateral used to secure bail, as well as additional criminal charges.

Bail can be paid in cash or through a bail bond, which involves a bail bondsman guaranteeing the bail amount for a fee. Usually, the fee is about 10% of the total bail amount. If you can’t afford to pay the full bail amount in cash, working with a bail bondsman can provide financial relief while still allowing for your release or your loved one’s release from jail.

Who Is Eligible for Bail?

In California, many people who are arrested for various crimes are eligible for bail. However, there are exceptions.

Certain charges, such as serious felonies or violent offenses, may result in higher bail amounts or even denial of bail. Factors such as the severity of the crime, prior criminal history, and whether the defendant is considered a flight risk can influence bail eligibility.

With Los Angeles’s controversial changes to its bail policy, it’s important that you discuss your options with a knowledgeable bail bondsman, like Dan. He can help you determine whether you or your loved one is eligible for bail, as well as whether posting bail makes sense for your unique situation.

How Is Bail Set?

During your bail hearing, the judge will determine how likely you are to return to court for your next hearing. Then, he or she will set the bail amount depending on this likelihood and other factors.

Some of these factors include:

The Type of Crime Allegedly Committed: More serious offenses typically result in higher bail amounts. California’s bail schedule provides guidelines for common offenses, but judges have discretion to adjust bail amounts.
The Defendant’s Criminal History: A defendant’s prior criminal record can affect bail decisions. Repeat offenders may face higher bail amounts or may be denied bail altogether, depending on the judge’s discretion.
The Defendant’s Flight Risk: If the defendant is deemed likely to flee or evade court proceedings, the judge may set a higher bail or deny bail. This may be the case if the defendant has missed past court appearances.
Whether There Is Any Risk to Public Safety: If there’s a concern that the defendant poses a threat to the community, this can also influence the bail amount or result in the judge denying bail.

What If You're Not Granted Bail?

In some cases, the judge may deny bail altogether. This typically occurs if:

The charges are particularly severe, such as certain violent crimes or serious felonies
The defendant is deemed a significant flight risk or a danger to the community
The defendant has a prior criminal record or history of failing to appear in court

If the judge decides that you cannot be released on bail or on your own recognizance (without bail), you will remain incarcerated until your court date. In America, we have a constitutional right to a speedy trial, and if you are not released from jail, the courts will attempt to schedule your trial as quickly as possible. Of course, with backlogs and jam-packed court dockets, this may be longer than you’d like. The one positive aspect in this situation, is that if you are sentenced to time in jail after your trial, the days or weeks you spend pre-trial, will count as time served.

What to Do If You Can’t Make Bail

If you are granted bail, it means that the judge is confident that, with money on the line, you will return for your day in court. This is wonderful news! Freedom is within reach… or is it?

The factors that go into determining whether someone is eligible for bail don’t just help the judge decide whether you will be granted bail; these factors also affect how much your bail will cost. And depending on these factors, that bail could be very high—to the tune of $1,000,000.

If you find yourself unable to make bail, here are some steps you can take:

Contact a Bail Bondsman: If you can’t afford the full bail amount, a bail bondsman like Dan at Dan's Bail Bonds can help. You’ll need to pay a non-refundable fee (usually around 10% of the total bail amount), and the bondsman will cover the rest.
Request a Bail Reduction Hearing: If you can’t afford the bail set by the judge, your attorney can request a bail reduction hearing. The judge may lower the bail amount based on new evidence or changes in circumstances.
Seek Legal Counsel: Consult with a criminal defense attorney to explore your options. They can assist with bail reduction requests and help you understand your rights and legal strategies for moving forward.
Consider Alternative Solutions: In some cases, the court may offer alternatives to bail, such as electronic monitoring or supervised release. Your attorney can discuss these options if they’re available.

How Do Bail Bonds Work?

There are very few people who can afford to post bail for themselves or for a friend or family member. Most people will have to rely on the assistance of a local bail bondsman. A bail bond agent will post bail on your behalf, allowing you to get back to your life, keep your job, and handle your charges in a calm environment surrounded by your support system.

Generally, you will pay 10% of the bail amount to secure this bail bond. For example, if your bail is set at $50,000, you will pay $5,000 for your bail bond. Depending on the amount of the bail bond, you may be asked to provide collateral in the form of property to minimize the financial risk on the bail bondsman. If you return for your court date, the bail bondsman will get their $50,000 back (your $5,000 will NOT be refunded to you). If you do not return for your court date, and they lose their $50,000, the bail bond agent will have the right to sell your collateral to recoup their loss.

Understanding the bail process is crucial for anyone navigating the legal system. If you find yourself unable to make bail, take proactive steps by consulting with a bail bondsman and securing legal counsel. By staying informed and seeking assistance, you can better manage the challenges of the bail system and work toward resolving your legal situation.