After an arrest, it is possible in some cases to be released on bail. Bail will be set at different amounts depending on a few different factors such as the location of the arrest and the type of crime. If the arrestee is deemed a danger to the community or a flight risk, then bail may not be made available. Bail allows a person to go free while awaiting their trial, rather than waiting in confinement. Bail works by releasing a defendant in exchange for money. This money goes to the court as a guarantee that the defendant will appear in court on the date of their trial.
The advantage of bail is that it allows some people who are innocent to go free while awaiting their trial. Without the possibility of bail, certain individuals who are actually innocent would have to remain in custody for weeks or months until their trial was set to begin. Not everyone can be released on bail though. In the United States, bail law has various safeguards in order to prevent potentially dangerous offenders from being released.
After an arrest, an individual is taken to a nearby police station to be booked. After police run a criminal background check on the individual, they will determine how dangerous the individual is. In addition to this, they will also evaluate the severity of the alleged crime. For crimes that are not very serious, the arrestees may be able to post bail immediately. More serious criminal offenders will have to wait for a bail hearing.
The judge will evaluate the case and make a determination on how much bail should be set at. The Los Angeles Superior Court has assigned standardized bail amounts for felonies, infractions and misdemeanors. For example, all straight misdemeanor offenses that do not have a uniform bail warrant bail to be set at $500. More serious felony offenses such as sexual assault have a corresponding bail of $25,000 or more. Bail can be set at up to $1 million for kidnapping with intended rape.
Sometimes, bail is set at an amount that is not affordable. How do criminal suspects go free while awaiting their trial in these situations? This is where the different types of bail come into play. While some people can afford to pay the full cash amount of their bail, others may need to utilize a type of bond such as a surety or “bail bond.” If a friend or loved one of the accused contacts a bondsman, the bondsman’s surety company agrees to pay the court if the accused misses their court date. If you want to post bail, discuss your case with a Los Angeles criminal defense attorney at our firm.