Understanding how bail works in California is crucial if you or a loved one is arrested. Bail determines whether you can be released from custody while awaiting trial. And the amount can vary greatly depending on the case.

In the video below, criminal defense attorney Sina Mojaher breaks down the California bail process step by step, explains the different types of release, and discusses key factors that affect how much bail is set. You’ll also learn practical legal tips to navigate the process, reduce your bail amount, and stay compliant with court conditions to avoid re-arrest and unnecessary penalties.

Transcript:

When you are arrested for a criminal charge, you’re most likely going to have to deal with the bail process. Now, although it might be a minor part of the totality of your case, it’s a very important part to fully understand because it guarantees your release from custody and gets you out of jail.

In this video, I want to talk about what is the bail process in California, what are the steps involved, what are some key factors affecting bond or bail in California, as well as some legal tips to navigate through it.

For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in criminal defense, family law, estate planning, and personal injury. In these videos I like to tackle complex legal issues and try to simplify it for our viewers in order to give you that knowledge and know-how to handle your case more effectively. So if you like the contents of this video, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. Without further ado, I welcome you to our mini-series called A Walk in the Park.

What Is the Bail Process in California

So what is the bail process in California? Well, bail is a financial guarantee that you’re going to appear in court in order for the judge to release you from custody.

Different Types of Release

Now, the different types of release can be a full cash bail, you can use the services of a bail bondsman to pay a portion and they cover the rest, or the court can release you on your own recognizance, which we call OR release.

Steps of the Bail Process

So what are the steps involved?

Bail Amount Is Set by Judge

Well, you’re arrested, you’re booked, and then a bail amount will be set based on the county schedule or the judge’s discretion.

Hearing to Reduce Bail

If you ask for a bail hearing, that’s where you can address the court and try to reduce it, or the judge may adjust the bail based on flight risk, severity of the crime, or any other factors that the judge might deem proper to adjust your bail.

Pay Bail Amount

Next, you go ahead and pay that bail if one is set, either using a bondsman, or you pay cash, or if there is none, you’re released on your own recognizance.

Meet Conditions of Your Bail

And then you also have to make sure you meet the conditions set by the judge. For example, if it deals with an alcohol charge, you’re going to go to AA a couple of times a week and you have to be able to show proof every time you come back to court. Or if it’s a violent crime against a victim, there’s going to be a stay-away order that you cannot violate.

Factors That Affect Your Bail Amount

So what are some factors that affect bail?

Crime Severity

Well, you’ve got crime severity. Felonies tend to have a higher bail than misdemeanors, and depending on how severe your felony is, it can also constitute a higher bail.

Criminal History

Your criminal history is another factor the court considers when setting bail. If in the past you have a lot of criminal history, for example, convictions of felony or misdemeanors, that can cause a higher bail. Or if your criminal history showed that you have a tendency of not showing up to your court hearings, which is a violation, the court can set a higher bail to ensure that you show up every time.

Public Safety

Another factor is public safety. If the crime you’re being alleged of committing constitutes some type of risk to the community, the court can set a higher bail as well. And lastly, it’s your financial ability. Courts have the discretion to go up but also go down on your bail based on your ability to pay it. If you can’t afford it, if it doesn’t make sense to keep you in custody, the court can make adjustments accordingly.

Legal Tip for the Bail Process

So what are some legal tips to navigate through this?

Hire an Experienced Criminal Defense Attorney

Well, one, hire a seasoned criminal defense attorney. We can argue on your behalf to reduce the bail or completely throw it out and have the judge let you be released on your own recognizance.

Meet Your Bail Conditions

Another thing is also meeting the conditions. If the court sets conditions as part of your release, for example, going to AA meetings, having no contact with the victim, or any other conditions, it’s important that you also follow those to the tee.

Any violation of these conditions can lead to your re-arrest as well as an increase in your penalty, your sentencing.

Work with the Right Bondsman

Another legal tip I can provide is working with the right bondsman. There’s a lot of bondsmen out there that can guarantee you’re released from custody. You pay a certain percentage, that’s all fine. But not every bond service is created equally. There are some that have hidden fees, so it’s important to look at the fine print to ensure that you’re not paying anything more than you have to.

Satisfy the Condition of the Court

And lastly, make sure you satisfy the conditions that the court sets. Like I said earlier, when you pay bond or pay a bail, or even if you’re released on your own recognizance, it always accompanies certain conditions.

For example, if it’s an alcohol charge, you’re going to have to go to AA meetings on a weekly basis, almost guaranteed, and you have to prove to the court at every hearing that you satisfied that condition. If it deals with a violent crime against someone, there might be stay-away orders that if you violate, that’s going to be a violation of the condition.

At the end of the day, if you violate any of the conditions the court sets, it can cause your re-arrest as well as an increase in the penalties of the pending charge.

Contact Mohajer Law Firm to Navigate the Bail Process

So in this video, we covered a lot. We talked about what is the bail process in California, what are the steps involved, what are some key factors affecting bail in California, as well as some legal tips to navigate through this.

So if you like what you heard in this video and you like the contents and it was helpful, please hit that like button and also don’t forget to subscribe so you’re always informed of any new videos being posted.