After an arrest, a Defendant may be released from custody on his/her written promise to appear or by posting bail and being released from actual custody while his case is pending.
RELEASE ON OWN RECOGNIZANCE (O.R. RELEASE)
An OR release under Penal Code §§ 1318-1320 is common in many low-grade misdemeanors where the arrestee is a resident of California. If an OR release is not granted by the arresting agency, you should contact an experienced Orange County criminal defense attorney who can assist you in obtaining the release of the Defendant. An experienced Orange County Criminal Defense Lawyer can contact an “On Call” Detention Release Officer, designated by the Court to consider bail reductions and OR releases for inmates who are eligible and meet the standards for such releases. This can save you thousands of dollars in bail premiums.
If the crime is more serious, or if the Defendant has prior convictions, the bail amount may be very high and can be set beyond the County’s Uniform Bail Schedule if a police officer files a request for an order setting a higher bail than the Schedule pursuant to Penal Code § 1269(c). An experienced Orange County criminal defense attorney can appear in court and request that the judge reduce the bail or release the Defendant on a written promise to appear.
CASH BAIL RELEASE
If an OR is not possible, you can post a cash bail without having to pay a bail premium which normally ranges from 8% - 10% of the actual amount of the bail bond. The full amount of the cash deposited will be returned to the depositor at the conclusion of the case so long as the Defendant makes his/her court appearances and the case is adjudicated.
PROPERTY BOND RELEASE
If you do not have sufficient funds to post the entire bond in cash you can also consider posting a property bond pursuant to Penal Code § 1298. You must have equity in real estate that is equal to at least twice the amount of the bail. There is a court hearing in which your attorney files a bail undertaking, an appraisal of the property and a preliminary title report. While this procedure can save you money on a bail premium, it takes time and the Defendant must remain in custody until the hearing.
BAIL BOND RELEASE
A Bail Bond is a document executed by a surety company that promises to pay a cash amount equal to the amount of the bail bond to the Court if the Defendant fails to appear or fails to comply with the conditions of the bond. The Bond is good for one year and the bail agent will charge a non-refundable fee ranging from 8% - 10% to post the Bond. In most cases, the bail bond company will require that collateral be posted to secure the cash amount of the bond. Collateral can be a lien on your home, the ownership certificate of your vehicle or the personal promise of the party obtaining the bond to be responsible for the entire amount of the bond should it be forfeited by the Court and the bondsman is held to pay the bond amount. An experienced criminal defense attorney can help you locate a reputable, ethical and responsible bail agent to efficiently obtain the release of the Defendant from custody.
COUNTY BAIL BOND SCHEDULES:
Pursuant to Penal Code § 1269b(c), each county within the State of California has a uniform countywide bail schedule for bailable felonies, misdemeanors and infractions. Typically, a defendant can obtain his/her release from custody by posting the amount of the scheduled bail prior to going to court. Once in Court, the prosecution or the defense can argue for departure from the bail schedule based on aggravating or mitigating factors.
LOS ANGELES COUNTY:
SAN BERNARDINO COUNTY:
SAN DIEGO COUNTY:
SOUTHERN CALIFORNIA BAIL BOND PROFESSIONALS (Listed Alphbetically):
Bail Bond Professionals
Contact Persons: Chris Kiperman and Jason Meyerson
Telephone Number: (888) 389-2245 (BAIL)
Diversified Surety Bail Bonds
Contact Person: Rudy
Telephone Number: (949) 697-8200
Steven Mehr Bail Bonds
Contact Persons: Candy Klimes
Telephone Number: 877-224-5420
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