If you have been arrested for violating a law, you can secure your release from police custody as soon as possible by posting bail. California’s bail process lets you realize this and return to work and family. Otherwise, you could stay detained until your trial, which could take months, jeopardizing your livelihood and reducing your chances of obtaining a favorable case outcome.

So, how long should you wait until the release?

It depends on the duration the judge takes to set bail and the duration you or your Palm Springs bail bonds company take to post the required amount.

Defining Bail

Bail is the amount of money an accused pays to secure their release from jail pending the finalization of their trial. It is a type of pretrial release in which the accused posts bail by paying the necessary sum to the court. The California court holds the bail money until the court hearing.

If an accused skips court, bail forfeiture automatically occurs, and police will arrest the accused and detain them pending trial. If an accused complies with their bail terms, the California court will return their money after the case is resolved.

The Bail-Setting Procedure

Some California jails have predetermined bail schedules for different crimes. The preset bail amounts enable accused individuals to post bail immediately without waiting for a court hearing. However, a court officer or judge sets the bail amount during arraignment, the initial court hearing occurring within forty-eight hours of a defendant’s arrest.

The 48-hour rule applies to all offenses requiring you to remain detained, regardless of whether they are misdemeanors or felonies.

Please note that unreasonable delays between your arrest and arraignment can convert your legal arrest into an illegal detention. This police misconduct can qualify you for civil damages from the responsible law enforcement agency. If the police have arrested you for a felony that does not require you to remain detained, the judge should set your bail without unnecessary delay.

When determining bail, the California judge considers:

  • Criminal history — A defendant with no criminal history could receive favorable bail compared to an individual with a lengthy and active record.
  • Severity of the crime — Typically, various offenses have different bail amounts as stated by federal and state laws and specific jail rules. Minor offenses attract lower bail amounts than more serious offenses. For example, a California felony requires higher bail than a misdemeanor crime.
  • Danger to the general public — If you are considered a danger to the public, witnesses, and victims, the judge will set your bail high or even deny it. People accused of heinous felonies like sexual violence or assault are more likely to be considered a threat to public safety.
  • Employment status—When setting bail, a judge can evaluate your job and wealth status. If you are in stable employment and have dependents, you may have fewer reasons to skip court proceedings, which can lead to lenient bail amounts.
  • Community ties — An individual with strong ties to the community is considered a low-flight risk.
  • Previous court appearances—The key reason for bail is to guarantee your appearance in court, so if you have a history of missing court proceedings, your bail could be high. A judge will be reluctant to grant bail to a defendant with a history of skipping court dates.

Bail Schedule Calculation

The bail schedule calculation starts with the bail amount specified for the alleged offense. When the police have arrested you for multiple charges, the bail amount will be the highest among the outlined offenses.

However, there are certain exceptions. If the case involves several victims, law enforcers could sum up the amount instead of using the highest bail amount. The bail amounts could also be combined even if you violated the alleged laws on different dates.

The next objective is to ascertain if enhancements are applicable in your case. The list of enhancements that could increase the presumptive bail amount is extensive.

The law enforcer will increase the bail amount if you allegedly committed the crime for the benefit of a criminal gang. Using a deadly weapon results in bail increases in varying amounts based on whether the weapon was a gun, if it was just possessed or utilized, and whether the deadly weapon injured any person.

If your case involves embezzlement or fraud, enhancements apply if the alleged loss exceeds certain amounts. Likewise, in a drug arrest, if the amount of controlled substances involved exceeds a certain threshold, the jail can enhance bail.

Police Booking Process

The police will take you into custody and book you at the local jail upon arrest. During your booking procedure, a law enforcement agent will do the following:

  • Record crucial details about the offense — A police officer will record your name, the crime’s nature, contact details, and charges.
  • Collect personal details, photographs, and fingerprints — Next, you will have some pictures collectively called mugshots. These photographs indicate your date and other details about the alleged incident.
  • Confiscate personal items like wallets, phones, and keys — Following the mugshot, you will be offered a prison uniform and should hand over your clothes and personal items. However, except for contraband, you will get your items back upon your release.
  • Perform a criminal background search — A law enforcement agent will then record your fingerprints. If the offense has fingerprint proof, they will compare it to the suspect’s fingerprints to obtain a match or exonerate a suspect. As a suspect, the fingerprints stay in the database indefinitely. You might be required to submit hair, saliva, or DNA samples.
  • Full strip search — Police carry out a whole body search even if the offense is considered minor, like a California misdemeanor, which involves violence or substance abuse. The police agent will conduct a thorough search, requiring you to remove your clothes, which might be invasive. The search seeks to ensure no drugs or weapons enter the jail.
  • Background checks — Law enforcement conducts a thorough database search looking for any outstanding warrants you might have.
  • Health assessment — You will undergo an overall health evaluation to ensure you do not need immediate care or are not a danger to police officers or other inmates. The health check could involve blood tests and X-rays.
  • Incarceration — Finally, the police will hold you in a secure facility pending trial or the posting of bail. Before your placement, the personnel will ask you about any gang affiliations or other factors that could pose a risk if you are locked up in a closed space.

After completing your booking process, you can make a phone call. You should call your Palm Springs bail bonds company, a criminal defense attorney, or a loved one who could retain legal counsel.

Paying Bail Options

You should pay the amount after the judge sets bail to secure your release. It is called posting bail. Here are some options on how to go about it:

Posting a Cash Bail

If you have enough money to cover the full bail amount, you can post the amount with the court.

Please note that if you attend all your court hearings, the court will refund the money minus the administrative fee. Violation of the court's orders and terms attracts bail forfeiture.

Posting Bail Using Your Property

If you do not have funds to post bail, you can use your valuable property. Courts accept different types of assets as collateral, including homes, stocks, motor vehicles, and jewelry. When using property bonds, your asset’s worth should be equal to or greater than the bail amount.

Hire a Palm Springs Bail Bonds Company

If you cannot afford bail, you must await your trial in a police cell. The trial process can take months, so you want to secure your release promptly. A Palm Springs bail bonds company can assist you if you need more resources and time to do it independently.

The bondsman has the required experience to help you navigate the California bail process and ensure the release process is smooth and quick. You will only pay ten percent of your bail amount. You can call most bondmen at any time of the day, mainly those with online access. You do not have to be in the same location as your relative to bail them out. Call the bondman and use their online services to set your loved one free without flying into the state or visiting the jail.

There is some information you need before contacting your bondsman. Having these facts will accelerate your release process. They include the following:

  • The defendant's full legal name
  • The accused's address and phone number
  • The defendant’s date of birth
  • The accused person’s social security number
  • The suspect’s employer’s name and address
  • Where your loved one is in custody— To process Palm Springs bail bonds effectively, the bondsman will require pertinent details on where your relative is held, including the state, zip code, and state. Using this information, the bondsman can draft the relevant paperwork, pay bail, and visit the jurisdiction to ensure the release process is smooth and complete.
  • The suspect’s booking number—The bondsman will need the booking number to identify your loved one, reducing the chances of confusion during this legal process.
  • The required bail amount
  • Any other details about their arrest that can be essential

A bail bond agreement is legally binding, and your Palm Springs bail bonds firm can require you to provide details about yourself as a co-signer. They can request your name, birthday, financial status, residence, and employment. The firm wants to know whether you can afford the premium. If not, the company can work with you to develop a flexible, pocket-friendly payment plan, depending on your disposable income. It might also require collateral for backup.

The bondsman can also inquire about your criminal record. The company wants to ensure you are reliable in keeping your loved one out of legal trouble following their release. You are eligible to cosign the bail bond if you have previously skipped bail, are in legal trouble, or have an outstanding debt.

How Long is the Release Process After Posting Your Palm Springs Bail Bonds, and What Are the Conditions to Follow?

Your bondsman will draw your contract after paying your Palm Springs bail bonds premium. All involved parties should understand their responsibilities regarding the agreement.

Next, the bondsman will travel to the holding jurisdiction and post bail. There is no definite answer to how long it takes for the release to occur because numerous factors affect the duration. Generally, the release time can be between 30 minutes and eight hours.

These factors include the following:

  • Your paperwork’s complexity — The bail paperwork can be complicated, mainly if the law enforcer has to check whether you have multiple warrants. In this case, the release process can take longer.
  • The number of accused persons on the list — Jails always receive bail payments, and law enforcers add the payments to the list to be processed. If you are at the top of the list, the jail will release you faster.
  • The number of staff available — A jurisdiction with many personnel accelerates the processing duration, and you will expect a shorter time between posting bail and the release.
  • How busy the jurisdiction — If your loved one is held in a busy or large jail, their release process can be lengthy.

There are various ways to speed up your release process after posting bail. First, ensure you have completed all the paperwork. Second, seek the help of a qualified attorney or Palm Spring bail bonds company when navigating the process; they will ensure you have completed your documentation efficiently.

Before your release, your bondsman and the court can impose your release orders, which you must follow. These conditions include the following:

  • Regular check-ins with the bondsman and relevant government agency
  • Stay away orders
  • Travel restrictions
  • Electronic monitoring
  • Home detention
  • Random alcohol and drug testing
  • Undergoing mental health/ alcohol abuse treatment
  • Wearing a Secure Continuous Remote Alcohol Monitor device

The judge will ensure they do not break their legal due process rights when imposing these conditions.

Contact a Seasoned Bail Bonds Firm Near Me

Generally, the judge setting bail and securing your release can be confusing and complicated, mainly if you are not well-versed in the California criminal judicial process. If you have been charged with criminal conduct and need assistance with bail, you should seek help from a renowned Palm Springs bail bonds company and a qualified defense attorney who can help you navigate the process. Fausto Bail Bonds is one phone call away to help you secure your release. We can make the process easy and affordable, allowing you to put your life back together as soon as possible. For more details on how we can help you, call our office at 855-328-7867.