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How Does Bail Work?

February 10, 2022

How is the Bail Amount Determined?

The bail amount is set at the Arraignment if the person who is accused of a crime (the Defendant) is in custody. The Court sets the bail amount according to the “bail schedule.” The “bail schedule” list has a fixed amount of bail for each crime alleged. However, at the Defendant’s first appearance, pursuant to California Penal Code section 1269b(b), the amount of bail is at the sound discretion of the judicial officer and may be greater or less than the amount set within the “bail schedule.” If a person cannot afford the bail amount, they may seek the assistance of family members or a bail bondsman.

If a person does not have a warrant or hold in another county and can pay the bail amount, the accused may be released from custody before their next court date appearance but must appear in court during set court dates. If a person has retained an attorney, the attorney may often appear on the person’s behalf so that they do not need to show up in person to the court appearances. 

When is the Bail / Own Recognizance Hearing (O.R.)?

While bail is set at the Arraignment, the Court will set a separate Bail / Own Recognizance (O.R.)  Hearing within a week of the Arraignment for those who have not posted bail and are still in custody. At the Bail / Own Recognizance (O.R.) Hearing, an attorney can argue to have the Defendant released on their “own recognizance,” meaning that the person in custody has met the legal qualifications to be released without posting any bail, but the accused must still appear in court during set court dates. If a person has retained an attorney, the attorney may often appear on the person’s behalf so that they do not need to show up in person to the court appearances. 

If a person is not released on their own recognizance and cannot afford to post bail, the person will remain in custody during the pendency of the criminal case. 

If you or a loved one is facing criminal charges in court, you need the criminal defense attorneys at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience. They know the law, and they’re not afraid to take your case to trial. In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients. With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.

Call now for your free consultation. Call us at (866) 811-4255.

 

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