Difference Between Bail and Bond

When someone is arrested for a crime in California, they will go through the booking and processing procedure at the jail before they get to see a judge. At that hearing, the judge will decide whether to release the person on their own recognizance (ROR), set bail, or decline bail and hold them in jail until the case is resolved.

The amount of bail depends on the type and severity of the charge, as well as the defendant’s criminal history. Generally, someone with an extensive criminal record will receive a higher bond amount than a first-time offender. The court will also consider the defendant’s current family responsibilities, such as work and caregiving obligations, to make sure that they can attend all their required court hearings. If the judge believes that the defendant is a flight risk, or that they are likely to flee before their next court date, they may increase the amount of bail.

Defendants have the right to appeal any decision by the judge to increase or decrease their bail amount. Additionally, they can challenge the prosecution’s attempt to add additional charges on top of their existing bail charge. Defendants can try to get their bail reduced by showing that they have had good cause for failing to attend court and that their situation has changed since their initial arrest.

What is the Difference Between Bail and Bond in California?

San Diego bail bonds are a popular alternative to paying cash bail. A bail bondsman will take a nonrefundable fee from the defendant to post their full bail amount with the court. Generally, the bondsman will charge between 10% and 20% of the total bail amount.

Typically, people who are in need of a bail bond will ask a friend or family member to contact a local bondsman on their behalf. During the process, the bondsman will need to sign an agreement with the defendant that they will pay the court if the defendant fails to appear for their court dates or break any other conditions of their release, such as travel restrictions or curfews. The bondsman will also need to ensure that the defendant has the necessary funds to post bail.

Defendants who have not failed to show up for their court appearances or committed other crimes can expect to get all of the bail money returned when they finish the case. If a defendant does not comply with the terms of their release, however, they can be charged with bail jumping. This will result in the forfeiture of the defendant’s bail money and they can be re-arrested.

A judge’s decision on bail is based on the suspect’s individual circumstances and the facts of their case. For example, the judge will consider their previous criminal record and any other relevant factors to determine if they are a flight risk or have the ability to meet their bail terms. In addition, the judge will review evidence of any harm that was caused to victims or witnesses during the incident as well as evidence that the defendant has the financial means to attend all future court appearances.