Blog

Most defendants secure a release from jail with pending criminal charges by posting bail. However, not all defendants can secure bail release. The court can deny you bail or set the bail amount too high for you to afford.

The duration the court can hold you without bond depends on different factors of your case. They include your criminal history, flight risk, and the strength of your ties to the community. You can seek a bail reduction or elimination if you cannot post bail because of high amounts.

If the court grants your bail and you lack enough money to post bail, you can seek a bail bond. The process involves contacting a surety company to finance your release at an affordable fee.

An Overview of California Bail Laws

Bail is the money you pay the court to be released from a pending criminal case. The law surrounding bail and bonds balances the accused's rights with the integrity of the judicial process. A judge sets your bail during your first court appearance. When deciding to grant you a bail release and setting the specific bail amount, a judge will consider different factors of your case. They include:

• The severity of the alleged crime
• Your flight risk
• Strength of your community ties
• Criminal history
• Potential risk to public safety

Under California law, no defendants can remain in jail for more than 72 hours without a bond hearing. In most cases, the court will hold your bond hearing within 24 hours of arrest and booking. Under California Penal Code 825, you cannot appear in court before being charged after remaining on a no-bond detention for 48 hours or more.

If the prosecution has sufficient evidence to charge you with a crime after your arrest, they must bring you before a judge. At your bond hearing, the judge will determine your eligibility for bond release.

Reasons a Judge Can Deny Your Bond Request in California

Under certain circumstances, the court can deny your bond request.  A bond denial means you will remain in jail until the court schedules your trials and the case ends. Sitting behind bars for weeks or months awaiting trial is not ideal. You could miss out on time with your family and friends. Additionally, you could lose your job for missing many workdays.

Common reasons why the court can hold you without bond until trial include:

You Face Charges for a Serious Felony

When determining your eligibility for a bail release, the court will consider the nature and severity of your criminal charges. The stakes are high for defendants facing charges of serious felonies. The likelihood of incarceration and other life-changing criminal penalties is high. Therefore, these circumstances could tempt the defendant to flee and avoid their trial.

The court can order a no-bail detention if you face charges for a crime punishable by life imprisonment or capital punishment. These offenses include murder, aggravated assault, voluntary manslaughter, and torture, among others.

You have a High Flight Risk

You must return for trial and other proceedings when the court grants you a bail release. Your flight risk is significant in determining your eligibility for the bail release and the bail amount you need.

The court can order your detention without bond if you have a high risk of fleeing jurisdiction after the release. The court determines your flight risk by considering the following factors:

• Strength of your community ties. You can remain in jail until your trial if you do not have strong ties to the community. The strong ties could include a permanent job or family in the jurisdiction of your arrest.
• Court appearance history. If you have dealt with the criminal justice system before, the judge will check your history of skipping bail to determine your flight risk. If you have violated court orders or have failed to appear for trial after a bail release, the court can deny you a bond release.
• Income and resources. The court can determine your flight risk by examining your income and resources. Many defendants appear in court after a bail release to avoid losing the money paid for the bond. A person with a high income and many resources may not be afraid of losing a few thousand dollars due to a bail forfeiture.

You are a Repeat Offender

California law is strict on repeat offenders during sentencing and when setting bail. Being a repeat offender could indicate your disregard for the court system and inability to rehabilitate. Before releasing you on bond, the court will check your criminal history. The court can order your detention without bail if you have prior convictions for serious and violent offenses.

You are a Danger to Public Safety

Allowing defendants to post bond decongests jail cells and allows them to move on with their lives while their criminal case is pending. However, the courts are concerned about the safety of other people in society. In California, the court can deny bail if the judge determines that you threaten public safety.

Defendants facing charges for serious offenses like child abuse, domestic violence, and aggravated assault will remain behind bars until trial. Under these circumstances, the court considers you a risk to the safety of others. Additionally, the judge can deny your bond if you have a history of threatening and interfering with witnesses for your criminal case.

You Have Other Pending Charges

If you have additional charges that have not been resolved, the court may use their existence as a reason to deny your bond request. The presence of multiple charges suggests that you are a repeat offender. In such cases, the court may determine that releasing you on bail could increase the likelihood of further criminal activity.

Previous Violation of Bail Conditions

If the court has already granted your bail and you violated it, the judge may revoke it and deny any future bond requests. Violating bail conditions might include:

• Committing another crime
• Failure to appear for court dates
• Contacting victims or witnesses

If you disregard the court orders, the judge will likely deny bail to prevent further misconduct. Sometimes, the prosecution will recommend the bail denial following your conduct while out on a previous bail release.

Immigration Status

A defendant's immigration status can sometimes influence a bail decision. If you are an undocumented immigrant, the court can deny your bail. Under such circumstances, the court will consider you a flight risk due to the likelihood of deportation.

You Violated Probation or Parole

In California, you can receive probation instead of incarceration. The probation sentence allows you to avoid spending time behind bars. Parole, on the other hand, is an early release granted to defendants who exhibit good behaviors while serving their sentence. A common condition between probation and parole is avoiding further criminal activity. The court can deny you bond if you face an arrest while on probation or parole. Defendants arrested for probation or parole violations often resort to jail until trial.

Mental Health Issues

Sometimes, a defendant’s mental health determines the decision to grant or deny the bond request. If you have a documented history of mental illness, the judge may decide to hold you without bond. The reason for keeping you without bond under these circumstances is that the court considers you a risk to themselves or others. In addition to holding you without bond, the court may order psychiatric evaluations and treatment.

Pretrial Detention Without Bond

When the court denies your bond request, you will remain in jail until your trial. California law does not set a specific time limit on how long a defendant can remain in detention without bond. However, there are legal provisions to ensure that detention is not indefinite. They include:

• Speedy trial. Under California law, defendants have the right to a speedy trial. If you are held without bond, the prosecution must ensure the case moves forward within a reasonable time frame.
• 60-Day Rule. Under California Penal Code 1382, your misdemeanor case must be tried within 60 days if held without bond. If you face felony charges, your case must be tried within 90 days of arrest and detention. The court can dismiss your charges if the trial does not occur within these time frames.
• Detention review hearings. Sometimes, the judge can hold a detention review hearing for your case. Your attorney can argue for release during the review hearing. The judge will assess whether your continued detention is necessary. The detention review ensures that individuals are not held indefinitely. If the judge does not see the need to detain you, they will set a bail amount. You can pay it cash, on property, or with a bail bond and secure a release.

No Bond Detention for Juvenile Offenders

Under California's state legal framework, juvenile offenders are not entitled to bail release. Like adult offenders, minors who commit crimes are arrested and detained in juvenile halls. The juvenile justice system aims to rehabilitate, educate, and treat minor offenders. Instead of allowing a bond release, the juvenile court will hold a detention hearing for the minor.

At the detention, a judge will determine the minor's release eligibility before trial. The court considers the following factors when deciding to detain or release a juvenile offender:

• The severity of their offense. The court can deny an early release for minors charged with more serious offenses. In this case, the juvenile will remain in juvenile hall until their case ends.
• Delinquency history. A juvenile without a delinquency history has a higher likelihood of securing a release from the juvenile hall before their trial.
• Danger to the community. Minors commit a variety of offenses. They range from minor curfew violations to serious crimes like murder and arson. If a child is a danger to community safety, the juvenile court judge can decide to detain them.
• Risk of flight. A juvenile's likelihood to flee jurisdiction after a release will play a significant role in their detention hearing. If the minor has a history of violating court orders or they do not have strong ties to the community, the juvenile court can hold them pending trial.

If your child faces arrest and detention, they will not need to make a monetary commitment for a release before trial. Instead, they must attend the detention hearing, after which the court determines the duration of their detention.

Seeking an Own Recognizance Release in California

Posting a bond can secure your release from jail with a pending trial. Defendants who do not post bond will likely remain in jail until their case ends. However, not all instances require a monetary commitment. You can avoid spending time in jail without bond by seeking a recognizance release.

A recognizance release means that you will not make a monetary commitment to the court. Instead, you will sign a note promising to return to court for trial and other proceedings. Securing an own recognizance release is ideal for defendants who lack the financial capacity to post a bond.

Not all defendants can avoid incarceration before trial through a recognizance release. The court can grant you an OR release under the following circumstances:

• You face charges for a minor offense. The court can release you without bond if you face charges for a less serious misdemeanor offense. Defendants facing serious felony charges may need a monetary commitment to assure the court that they will return for trial.
• You are a first-time offender. California law is more lenient on defendants with no criminal history. Therefore, the court can release you on your own recognizance if the underlying offense is your first.
• You committed a non-violent offense. You can negotiate with the court for an OR release if you are charged with a non-violent offense.

The benefits of an own recognizance release include:

• Less time behind bars. When the court sets your bail, you must pay the amount for a release before trial. Defendants who fail to post bail or take a while to present the bail money can spend a lengthy time in jail. Securing an OR release saves you from jail time.
• Financial relief. Posting bail is a financially demanding process. With your own recognizance release, you will not pay money to the court in exchange for a release. You can save money for other aspects of the case, including hiring legal representation.
• Reduced jail overcrowding. The court agrees to release defendants on their own recognizance to reduce overcrowding in jail cells. By allowing non-violent, first-time offenders to walk out of jail without bail, the court ensures that fewer people are detained at a given time.
• Fairer System. Allowing an OR release promotes a fairer criminal justice system. It ensures that individuals who cannot afford bail do not face punishment before trial.

Bail Reduction in California

There is no set time limit for detention without bond in California. However, the law has legal avenues to secure your release. High bail amounts are a common reason many defendants remain behind bars.

However, the bail amount that a judge sets at your bail hearing is not final, and you can seek a bail reduction to an affordable amount. You can fight to reduce or eliminate your bail in several ways. They include:

Bail Reduction by Application at Arraignment

Your first court appearance after an arrest and detention is the arraignment. During the arraignment, you will enter a plea for your charges. Your attorney can help you seek a bail reduction at this arraignment. You can argue that you have strong ties to the community and a low flight risk, which increases the chances of bail reduction.

Bail Reduction Motion

Some defendants remain in jail for a prolonged time due to the high bail amounts set by California courts. Your defense lawyer can file a written motion to reduce your bail. A bail reduction motion is based on statutory or constitutional factors.

In addition to the statutory factors, you can argue that the California Constitution prohibits excessive bail. There is no single definition of excessive bail. Therefore, your best chance at a bail reduction is to formulate persuasive arguments for the court’s consideration.

Bail Reduction after a Change in Circumstances

You can petition the court for a bail reduction if the circumstances of your case change. You can gather evidence of the change in circumstances and present it to the court with your bail reduction application.

If the court reduces your bail, you can pay it in cash, using property, or seeking a bail bond.

Find Expert Bail Bond Services Near Me

California law favors the right to a bail release for defendants facing arrest and criminal charges. However, significant exceptions can lead to detention without bond for extended periods. You can remain in jail until trial if you face severe criminal charges or are a public safety threat.

Although there are no time limits to detention without bond, the court system ensures that defendants are not held indefinitely without trial. Even in cases of bail denial, the law provides mechanisms for reviewing the detention and moving the case toward a timely resolution.

If you lack the financial capability to post your bail in cash or using property, you can enlist bail bond services. The bail bond company will offer you the financial assistance to navigate the bail process and secure a release. At Just Bail Bonds, we offer fast, affordable, and reliable bail bond services for our clients in Temecula, CA. Contact us at 714-541-1155 today to discuss your case.