In California, when someone is arrested for allegedly committing a criminal act, they are taken into custody to await trial. During this time, the judge sets bail to release the accused. Often, people wonder about the purpose of bail and why individuals accused of crimes are released from custody.

Bail is the money a defendant must pay the court to secure their release. It guarantees the criminal justice system that a defendant shows up for all court proceedings during their trial. This blog discusses the purpose of bail in the California judicial system, including:

The Right to a Fair Trial Under the Presumption of Innocence

The presumption of innocence is a legal principle that safeguards defendants’ rights. Criminal proceedings demonstrate that the system’s primary objective is to protect the innocent and ensure public safety, not capitalizing on convictions and incarcerations.

The “innocent until proven guilty” principle ensures that an arrestee is not automatically deemed guilty. They are apprehended and may face legal proceedings in a court of law for the alleged offense to determine whether they are guilty or innocent.

However, the presumption of innocence also poses some issues in the justice system. Defendants who have not been convicted could flee or go into hiding, while those who have committed dangerous crimes could harm others before their trial. This is where bail comes in. Judges can decide which defendants are eligible for bail and release them, expecting them to appear in court on future dates.

Ensuring Court Attendance

Bail guarantees that individuals charged with crimes appear in court for hearings and other necessary legal proceedings. Here, the accused provides money or assets to the court, which they forfeit if the defendant fails to appear. This system discourages fleeing and upholds the legal process’s credibility by ensuring trials continue as planned.

Reducing the Burden on Jail Capacities

One often overlooked yet crucial benefit of bail bonds is mitigating jail overcrowding, a widespread issue in the criminal justice system. Bail bonds allow individuals to await trial outside custody, freeing up space within detention centers. Decreasing the prisoner population improves the facility’s capacity to handle those under its supervision efficiently, promoting better living conditions and minimizing problems like disease transmission.

Promoting a Fairer Judicial System

Bail bonds inherently mitigate socioeconomic inequalities within the justice system. Due to excessive bail amounts, individuals from lower socioeconomic backgrounds often struggle to afford their release before trial. Bail bonds, which typically require payment of only a fraction of the total bail sum, offer a financially viable alternative. This system promotes equity by ensuring that pretrial liberty is not exclusive to the wealthy.

Bail bonds significantly contribute to a fair and accessible justice system by addressing economic inequality. They reinforce the principle that the law must be equitable and available to everyone, regardless of financial status.

Protecting Public Resources

One often overlooked advantage of bail is its contribution to the overall functioning of the legal system. For example, in 2022, approximately 780,000 individuals were arrested in California. Incarcerating all these individuals would overwhelm public resources. Bail prevents jail overcrowding.

Allowing defendants to be released from custody before trial protects valuable resources. Police officers, detention center workers, and prison staff remain adequately staffed and not overburdened. Eliminating bail from the legal system would collapse it due to overwhelming pressure.

Ensuring the Safety of the General Public

Although the presumption of innocence is an important principle in the legal system, courts must also consider the community’s safety when determining bail. If the accused person is regarded as a potential danger to others or likely to commit more offenses if released, the bail amount could be set high or completely denied. As a precautionary measure, the accused may face conditions including travel restrictions, electronic monitoring, or directives to avoid contact with victims to minimize potential harm.

The Benefits of Bail for Defendants

Bail supports the legal system while benefiting defendants. It exists partly because defendants are entitled to certain constitutional rights after arrest, particularly if their guilt has not been established.

The advantages of bail for offenders are extensive and include:

An Opportunity to Make Preparations for their Trial

A defendant cannot effectively prepare for a trial while incarcerated. Being released from custody enables the accused to work closely with their legal counsel, collect evidence, and devise a strategic plan for their case. This preparation can be crucial in ensuring a favorable outcome during the trial.

Confronting the Accuser in a Public Trial

The right to a public trial by a fair and impartial jury is guaranteed under the 6th Amendment of the United States Constitution. During this legal proceeding, the accused can confront and cross-examine their accuser. If defendants released before their trial fail to appear in court, they forfeit their constitutional rights. When individuals actively participate in a trial or any other stage of the justice process (as certain cases may not reach trial), they can question witnesses and assert their innocence.

Continuing to Perform Duties and Obligations

Posting bail and being released from custody offers defendants numerous personal benefits. They are free to interact with their friends and family outside of scheduled visiting hours, maintain relationships, and receive necessary support during this challenging period. This unrestricted access can positively impact their mental well-being.

Bail allows defendants to meet with loved ones at any time they wish unless the court imposes a no-contact order as a bail condition. It also enables them to perform daily activities. For instance, individuals can continue attending work or school, which can prevent them from losing their jobs.

Secure Your Release from Custody Without Breaking the Bank

This benefit relates specifically to using bail bonds rather than bail in general. Individuals can obtain a bail bond to secure their release from custody without denting their pockets. By paying only 10% of the bail amount, anyone can afford to secure their release from jail.

Types of Bail in California

California accepts various forms of bail, which include:

Cash Bail

In California, cash bail is the most preferred form of bail. To post cash bail, the accused person or their representative must submit the entire bail amount in cash directly to the court. If the defendant attends court as required, the bail amount is reimbursed after the trial.

Bail Bonds

A bail bond is a legally binding agreement between the accused individual, a professional bail bond representative, and the court. The accused or their family pays a non-refundable fee to a Moreno Valley bail bonds company, which then posts the full bail amount with the court. The bail bondsman becomes responsible for paying the entire sum if the defendant fails to appear in court.

Property Bond

A property bond is a form of bail in which the defendant or a representative pledges property as security for the bail sum. If the accused fails to appear in court, the court can seize the property to cover the bail amount.

Factors Affecting Bail Decisions

The process involved in determining whether a defendant is eligible for bail and how much bail is required for a particular offense is complex. The court considers the following factors when determining how much bail to set:

  • The gravity of the alleged offense—the bail amount usually increases with the seriousness of the crime. However, bail could be denied for defendants who have committed heinous offenses like homicide
  • The defendant’s criminal history—previous convictions for similar offenses or failures to appear in court may result in higher bail or denial
  • Flight risk—The court assesses the defendant’s community ties and if they are a flight risk. A stable job, strong family connections, and involvement in the community support the likelihood of the court granting bail to the defendant
  • Accusations of threats issued toward victims or witnesses
  • The extent of the harm or injury that the offense caused
  • If the offender poses any potential threat to public safety
  • If the offense perpetrated is related to weapons or drugs
  • Their properties or investments in the local community
  • The defendant’s current employment status
  • The defendant’s probability of attendance at future court hearings

For major offenses like kidnapping, murder, armed robbery, and rape, the court must identify special elements that can justify modifying your bail. These may include the emergence of new evidence or a shift in the facts surrounding the case.

Is It Possible for a California Judge to Increase the Bail Amount for a Defendant?

In California, judges can lower or raise a defendant’s bail as they see fit. The state may present new evidence or information to the court if a defendant requests a bail reduction. This information could lead the judge to conclude that an increase in bail is justified.

In California, when a suspect faces charges for a major felony, judges rarely lower bail below the jurisdiction’s minimum for that specific charge. However, for this to happen, the judge must be convinced that certain exceptional circumstances warrant this decision.

Defendants may also request release on their own recognizance (O.R.). In California, a defendant may be released without bail on their own recognizance if they do not pose a risk to public safety or there is a high likelihood of the defendant appearing in court as scheduled. You can also be released from custody without paying bail if you are accused of a minor crime or a non-violent misdemeanor offense.

What are the Repercussions of Failing to Appear After Being Released On Bail?

Failure to appear in court can result in a felony or misdemeanor charge, depending on the nature of your initial offenses. It is also likely to weaken your case, and you may not have another opportunity to be granted bail. Once apprehended, you will likely remain in jail until your court date.

If you do not show up after posting cash bail, you will forfeit your money or any collateral property. If you fail to appear after obtaining a bail bond, the bond becomes invalid. Your Moreno Valley bail bonds service has 90 days to capture and return you to custody to recover their money. This typically involves hiring a bounty hunter to locate and apprehend you.

Tips for Selecting a Reliable Moreno Valley Bail Bonds Service

If you have been arrested in Moreno Valley, enlisting a trustworthy bail bondsman to help you regain your freedom is crucial. However, the services bail bondsmen offer vary, so knowing what to look for in a bail bonds company is important.

Review Testimonials

Read online reviews and feedback from past clients to assess the bail bondsman’s credibility.

Ask for Referrals

Ask friends, relatives, or legal experts for referrals. Personal recommendations can offer valuable insights into a bondsman’s professionalism and efficiency.

Consider Professionalism and Communication

Before choosing a bail bondsman, evaluate their professionalism and communication skills. A reliable bail bondsman will clearly explain the process, address your questions, and maintain transparent communication throughout the procedure.

Availability and Accessibility

Legal affairs are not confined to business hours. Choose a Moreno Valley bail bonds company available 24/7, as emergencies may occur at any time of the day. Accessibility is crucial for timely responses.

Costs and Expenses

Transparency is crucial. A reputable Moreno Valley bail bonds company will provide clear information about fees and additional expenses. Be cautious of hidden charges and choose a bondsman with a transparent fee system.

Proficiency In Local Legal Framework

An experienced bail bondsman knowledgeable about the local legal system can more effectively navigate specific protocols and requirements, expediting the process and improving the likelihood of a favorable outcome.

Trust Your Instincts

Use your intuition during the initial consultation. If you feel uneasy or pressured to decide, explore other options. A reputable expert will prioritize your comfort.

Find a Moreno Valley Bail Bonds Company Near Me

The significance of bail in the justice system cannot be overstated. It streamlines the legal process and protects defendants' constitutional rights. Bail enables defendants to maintain their stability and prevents an extended period of incarceration that could negatively affect the trial’s outcome.

If you or someone you care about has been arrested and requires the assistance of a skilled bail bonds company, contact Fausto Bail Bonds. We understand that you might be experiencing a great deal of stress and anxiety, and our Moreno Valley bail bonds service can simplify the bail process to ensure that you can focus on your priorities without difficulty. We are available 24/7, every day of the week, including weekends and holidays. Call us today at 855-328-7867.