CRIMINAL DEFENSE LAWYER IN SACRAMENTO
BAIL IN CALIFORNIA
With the exception of capital offenses, persons charged with most other criminal charges are entitled to an amount of bail. In state court (criminal charges pending in the local county court), a schedule is maintained for the appropriate bail according to the charges faced. Each county sets the bail schedule at a different amount. While the goal is uniformity, It is not uncommon for different counties to have different amounts for the similar charges. The initial bail amount is fixed either shortly after the arrest or at the first court appearance, generally the arraignment.
Typically, mitigating facts need to be presented in order to convince the court to lower the bail amount below the originally set amount. The attorneys at the Law Offices of Alin Cintean have successfully handled hundreds of Bail Reduction Motions in the many years of criminal court practice. It is essential to be prepared for a Bail Reduction Hearing since only one bail motion is allowed unless there is a change of circumstances.
Some of the factors the court will consider during a bail motion are:
- Flight risk of the accused
- The seriousness of the alleged crime
- Whether the accused poses any danger to the community if released
- Employment status
- Criminal history of the accused, if any
Bondsmen charge ten percent of the entire bond to post the required bond. Most bondsmen will reduce that rate when a defendant hires private counsel.
If a 1275 hold has been placed upon the person arrested, the district attorney is requesting that the money used to pay the bondsman must be crime free. This means that the person who is paying the bondsman must show that the money used is from legitimate funds. Normally, 1275 holds are only used with drug charges and fraud charges.
The attorneys at the Law Offices of Alin Cintean work with the bondsman to secure the proper documentation to present to the district attorney in order to get the 1275 hold lifted and allow the client to be released on bail. If no agreement can be reached with the district attorney, our attorneys are prepared to bring Motions to the court to lift the hold.
Types of Bail
If you are accused of a crime, there are three different types of bail you can post. The first option is a cash bail and in order to do so, you have to either have the exact amount of cash on hand or post a cashier’s check for that amount in jail. Some jurisdictions may allow you to post bail using a credit card but cash is always the easiest way. But because the amount may vary from $10,000 to $100,000, it is very difficult for people to post cash bail. If you do have enough cash on hand at the time of arrest and you post bail, you must attend all of your court appearances or else you forfeit the amount and it will not be returned.
The second option and the more frequent option is a bail bond. Because having large amount of cash on hand is rare, people will opt out for a bail bond, which is a contract between the accused and a bail bond agent who posts bail on your behalf. You have to pay the agent a premium which is usually 10 percent of the bail amount and you must attend every court appearance. Having a contract with a bail bondsman is sometimes the best way. If you fail to appear in court, the bail bond agent forfeits the bail money, not you. For this reason, bail bondsmen monitor you to make sure you appear in court. If you fail to do so, it is up to the agent to find you. Because this is a risky process for the agent, he or she typically requires some type of collateral like a house, car or anything else of value. If you fail to appear in court, this collateral will be used to cover the forfeiture of the bail amount.
Instead of posting a cash bond or relying on a bondsman to do so, you can choose to post a property bond. This is where you post your equity interest in real property; however, the value of the equity must be at least twice the bail amount. Furthermore, the property must have been recently appraised, any liens should have been disclosed and the property equity be professionally estimated. If you fail to appear in court, the county will place a lien on the property and the county will then foreclose the property to recover the amount of bail. These types of bonds are time-consuming so generally speaking, people opt for posting bail with an agent but if you don’t have financial resources to post cash bail or to pay premiums, a property bond is a third option.
LET THE LAW OFFICES OF ALIN CINTEAN PROTECT YOUR RIGHTS
The Law Offices of Alin Cintean offers comprehensive criminal defense from the beginning of your case through the final appeal. Let our Sacramento criminal lawyer defend your rights. Contact us online or by telephone at (916) 441-3500 to arrange a personal consultation with Alin Cintean today.
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