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Bail and Release Information

Once arrested you get out of jail by "posting bail." Bail is cash or a cash equivalent that you give to the court to ensure that you will appear in court. If you contact a bail bond company, you can purchase a bail bond. A non-refundable fee of 8-10% of the amount of the bail will be charged. (8% if you have an attorney, 10% if not). In addition, often times you will be required to secure the bond for the entire amount. Most bondsman will accept 50% down and the rest on payments. If you fail to appear at your court dates, the bondsman will find you and return you to jail. Using a bondsman is quick so you get released sooner and you are only required to pay 8-10% of the bond amount. Unfortunately, you don’t get the 8-10% bail premium back if when your case is over.

Cash Bail

A cash bail can be posted with the court for the full amount of the bail. Cash bail is quick so you are released sooner, only a small admin fee is charged, and the cash is returned when the case is over.

Property Bond

Bail can be posted by deeding Real Property to the court for the full amount of the bail. The cost is minimal in a large bail case and the property isn’t forfeited unless there is a failure to appear. Since it takes time for the property appraisal it will delay release, and there are costs for the appraisal, title recording, and court filing fees. If you make all of your appearances and the case is over a property bond will be reconveyed to the owner. If you fail to appear, the court forfeits your bail and issues a bench warrant for your arrest. Some judges will increase the amount of bail on the warrant requiring you to post more bail when you are arrested on the warrant.

Setting Bail

Most jails have standard bail schedules that set the bail amounts for common crimes. An arrested person can get out of jail quickly by paying the amount set forth in the bail schedule. Upon release you will be given your new court date, don’t miss it. If a person can't afford the amount of bail on the bail schedule, he/she has to wait for the first court appearance to ask the judge to lower it.

Lawyer Assistance to Reduce Bail

You attorney can make a request of the Judge to lower your bail. If he makes that request, you will be interviewed about your residence, employment, criminal record. Answer the questions accurately because your friends or family members will be contacted to verify your information. A recommendation is then prepared for the judge to help him decide whether to reduce your bail or not. At your bail hearing, your attorney should be prepared to argue for the reduction of your bail. Your attorney should provide proof to the judge that you have strong community ties, minimal criminal record, and no prior failures to appear in court. In serious cases like rape, molest, violent crimes, most judges will set an impossibly high bail to keep a suspect in jail until the trial is over. Once bail is set it’s difficult to get a reduction unless you can show a change of circumstances has occurred.

Release on Own Recognizance (OR)

Being released on your “own recognizance" requires no bail bond, only a signed promise to appear in court. You should request an OR release at your first court appearance, if the judge denies the request, ask for low bail. Defendant’s who are released OR have strong ties to the community, making them unlikely to flee.

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  Serving the following areas:Alta, Amador City, Antelope, Auburn, Cameron Park, Camino, Carmichael, Citrus Heights, Davis, El Dorado Hills, Elk Grove, Fair Oaks Folsom, Granite Bay, Jackson, Lincoln, Loomis, Meyers, Natomas, North Highlands, Orangevale, Placerville, Plymouth, Pollock Pines, Rancho Cordova, Rio Linda, Rocklin, Roseville, Sacramento, Shingle Springs, South Lake Tahoe, South Placer, Sutter Creek, West Sacramento plus many more.

 DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. The posts and opinions expressed on this website are solely the personal opinions of The Law Offices of Roland X Tiemann. They do not represent or reflect (nor are they intended to represent or reflect) the positions, opinions, viewpoints, policies and/or statements of any entity in which the Law Offices has any ownership interest, with which they have any contractual or other legal relationship, or which is, was or might be the Law Offices client or customer. This website is not intended to be an advertisement or solicitation for legal services. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of the Law Offices. The exact nature of your legal situation will depend on many facts not known to the Law Offices at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary.

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