How Bail and Bonds Work in Sacramento

How Bail and Bonds Work in Sacramento

Getting arrested can be scary and confusing. Especially when it comes to posting bail or bond to get out of jail. This article explains in simple terms how bail and bonds work in Sacramento so you can understand the process better. We’ll cover common questions like:

• What is bail and how much will it cost?
• What is a bail bond and how do bonds work?
• How can I get out of jail fast?
• What if I can’t afford bail?
• How long does the bail process take?

Knowing this stuff ahead of time helps make a stressful situation a little easier to deal with.

What is Bail and How Much Does it Cost?

When you get arrested, the court sets an amount of money called bail (or bond) that you must pay to get released from jail until your trial. Bail is not a fine or punishment. It’s meant to make sure you show up for your court dates. If you attend all your hearings, you get the bail money back after the trial ends. But if you miss court, you forfeit the money.

The bail amount depends on the crime you’re charged with. More serious crimes equal higher bail. For example, bail for a misdemeanor like petty theft might be $500-$1,000. While bail for a felony like assault may be $10,000-$25,000. Judges consider your criminal history and flight risk when setting bail. They want to set it high enough that you have a good reason to return to court when required.

Bail amounts in Sacramento can vary widely, but are generally:
– Misdemeanors – $0 to $10,000
– Nonviolent Felonies – $10,000 to $25,000
– Violent Felonies – $25,000 to $250,000+

The bail schedule for Sacramento County is available here. It lists bail amounts for common crimes like DUIs, theft, and assault. Remember, judges can increase or decrease the scheduled bail if they think it’s appropriate.

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How Do Bail Bonds Work?

Coming up with the full bail amount can be tough. This is where a bail bond can help. A bail bond is a legal contract with a bail bonds company that lets you pay a portion of the total bail (usually 10-15%) to get released instead of the full amount.

Here’s how bail bonds work in 3 steps:

1. You pay a bail bonds company a nonrefundable fee (usually 10-15% of the total bail). This fee is theirs to keep.
2. The bonds company pays the rest of your bail amount to the court.
3. You are released from jail and must attend all court dates. If you miss court, the bonds company can legally come after you to repay the full bail amount.

Because the bonds company is taking a risk by posting your bail, they may ask for collateral like a house or car to secure the bond in case you skip town. They may also have a cosigner with good credit guarantee the bond.

The main advantage of using a bail bonds company is it costs much less up front to get out of jail quickly. The downside is you don’t get that money back like you would if you paid the full bail yourself. You also take on the risk of owing the full bail amount if you miss court dates.

How to Get Out of Jail Fast

After getting arrested, you’ll be booked and held at the main jail in downtown Sacramento until you can see a judge for arraignment. This is usually within 24 hours on weekdays, or 48 hours on weekends and holidays. At your arraignment, the judge will read the charges against you, appoint a lawyer if you can’t afford one, and set your bail amount.

Here are some options for getting out of jail quickly:

• Pay the full bail amount – Fastest option, but expensive. Need immediate access to cash.
• Use a bail bonds company – Pay 10-15% fee. A bondsman can usually get you released within hours.
• Request reduced bail – Your lawyer can ask the judge for lower bail if the amount seems unreasonable.
• Request release on own recognizance – Lawyer can argue to the judge that you’re not a flight risk. If approved, you’re released without paying bail.
• Wait it out – If bail is low and you can’t afford to pay, you may just serve time until your trial.

Paying the full bail amount directly to the court is the fastest way out. But bail bonds are the most common option since most people don’t have thousands of dollars sitting around. A good bail bondsman can usually get you processed and released within a few hours.

What if I Can’t Afford Bail?

If you can’t afford to pay bail, you have a few options:

• Request reduced bail – Ask your lawyer to argue for a lower bail amount based on your financial situation.
• Bail bonds – Only pay a portion (10-15%) of the full bail upfront.
• Bail funds – Nonprofit funds that help select cases with bail assistance.
• Wait in jail – If bail is low, sometimes just waiting it out until trial is easiest.

Many people can’t even afford 10% of their bail amount. In this case, waiting in jail for your trial may be the only option. However, spending time in jail can impact your job, finances, family life, and ability to build a legal defense.

If you absolutely cannot afford bail, talk to your public defender about requesting reduced bail or release on your own recognizance. Be prepared to provide financial records and tax returns showing your inability to pay.

There are also some great local nonprofits that work to help people who can’t afford bail:

• The NorCal Bail Fund – Community fund providing bail assistance.
• Essie Justice Group – Supports mothers with bail funds and legal resources.

Reaching out to family or friends to help with bail money is also an option. But they need to understand that by signing as your cosigner, they take on responsibility for the full bail amount if you miss court.

How Long Does the Bail Process Take?

Every case is different, but here is a general timeline after an arrest in Sacramento:

• Booking – 4-6 hours at the jail to get fingerprinted, photographed, and processed.
• Arraignment – Within 24-48 hours to face a judge who will set bail and appoint a lawyer.
• Release – Once bail is posted, it usually takes 4-8 additional hours to get released.
• Court dates – For misdemeanors, your trial will be within 30 days. Felonies take longer, often months.

So in total, expect to spend at least 1-3 days in jail from the time of arrest until your release if you can post bail quickly. If you can’t make bail, you’ll remain in jail until your trial.

Delays at any step can prolong the process. Weekends and holidays tend to slow things down too. The best thing you can do is be patient, get a good lawyer, and focus on working through the system calmly.

In Summary

Dealing with bail and bonds can be really confusing and stressful. Hopefully this breakdown gives you a better idea of what to expect. The key takeaways are:

• Bail is money you pay to the court to get released until your trial.
• A bail bond allows you to pay a bail bonds company 10-15% of the total bail to get out of jail.
• Paying the full bail amount directly is fastest. Bail bonds are the most common.
• If you can’t afford bail, ask your lawyer about reduced bail or bail assistance programs.
• The bail process usually takes 1-3 days after an arrest.

Having a knowledgeable lawyer to help advise and guide you makes a huge difference. Don’t be afraid to lean on family and friends for support too. Stay positive, take things one step at a time, and focus on getting through this stressful situation successfully. You’ve got this!

References

Bail Bonds Information – Sacramento County Superior Court
California Bail Laws – Shouse California Law Group
Sacramento County Bail Schedule
Sacramento Main Jail Information
Arraignment & Bail – Sacramento County Court
NorCal Bail Fund
Essie Justice Group