Criminal Defense Lawyers

What is California Bail Law?

What is California Bail Law?

If you’ve been arrested or have a loved one who’s been arrested in California, you’re likely wondering about bail. The bail system in California can be complex and confusing, especially if you’ve never dealt with it before. As experienced criminal defense attorneys at Spodek Law Group, we’re here to help explain California bail law and how it may impact your case.

Understanding the Basics of Bail in California

Bail is essentially a financial guarantee that a defendant will show up for future court appearances after being released from jail. When someone is arrested in California, they typically have three options:

1. Remain in jail until their case is resolved
2. Pay the full bail amount to be released
3. Use a bail bond service to post bail

The purpose of bail is to ensure defendants return to court while allowing them to be free as they await trial. However, the bail system in California has faced criticism for being unfair to lower-income defendants who can’t afford to pay.

How Bail is Set in California

In most cases, bail amounts are predetermined based on a county bail schedule. This schedule lists standard bail amounts for different offenses. For example, the bail for a misdemeanor DUI might be set at $5,000 while the bail for robbery could be $50,000 or more.Judges have discretion to raise or lower the bail amount based on factors like:

• The severity of the alleged crime
• The defendant’s prior criminal record
• The defendant’s ties to the community
• Whether the defendant is considered a flight risk
• Public safety concerns

At the initial court appearance (arraignment), defendants can request a bail reduction or release on their own recognizance without having to post bail. As your attorneys, we would argue for the lowest possible bail amount or for your release without bail if appropriate for your case.

Types of Bail in California

There are several ways bail can be posted in California:

• Cash bail: The full bail amount is paid in cash to the court
• Surety bond: A bail bond company posts a bond for a fee (typically 10% of the total bail)
• Property bond: Real estate property is put up as collateral
• Release on own recognizance (OR): The defendant is released without having to post bail

Each type has pros and cons to consider. We can advise you on the best option based on your specific situation.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Recent Changes to California Bail Law

California’s bail system has undergone significant changes in recent years as part of an effort to make the process more equitable. Here are some key developments you should be aware of:

SB 10 and the End of Cash Bail

In 2018, California passed Senate Bill 10, which was set to eliminate cash bail entirely starting in October 2019. Under SB 10, most misdemeanor defendants would have been released within 12 hours of booking. For felonies, judges would use a risk assessment tool to determine if defendants should be released.However, the bail bond industry gathered enough signatures to put the law on hold and let voters decide. In the November 2020 election, California voters rejected Proposition 25, which would have upheld SB 10. This means cash bail remains in place for now.

The Humphrey Decision

In March 2021, the California Supreme Court issued an important ruling in the case of In re Humphrey. The court found that it is unconstitutional to keep someone in jail solely because they can’t afford bail.Key points from the Humphrey decision:

• Judges must consider a defendant’s ability to pay when setting bail
• Defendants can’t be held in pretrial detention just because they are poor
• Non-monetary alternatives to bail should be considered
• Pretrial detention should only be used when absolutely necessary for public safety

This ruling has led many counties to revise their bail practices. As your attorneys, we would leverage the Humphrey decision to argue for your pretrial release if you’re unable to afford bail.

Zero Bail Policies

During the COVID-19 pandemic, many California counties implemented emergency zero bail policies to reduce jail populations. Under these policies, most misdemeanors and low-level felonies had $0 bail, allowing defendants to be quickly released after booking.While most emergency zero bail orders have expired, some counties are considering making aspects of zero bail permanent. For example, Los Angeles County recently reinstated a modified zero bail system for many non-violent offenses.

Factors Considered in Bail Decisions

When setting bail or deciding whether to release a defendant, California judges must weigh several factors:

As your legal team, we would present evidence and arguments related to these factors to advocate for your release or a lower bail amount. For example, we might highlight your strong family ties to the community, steady employment, and lack of prior convictions.

The Bail Hearing Process

If you’re arrested in California, here’s an overview of how the bail process typically unfolds:

1. Booking: You’re taken to jail, fingerprinted, and booked. Bail may be set based on the county bail schedule.
2. Initial bail review: Within 48 hours of arrest (excluding weekends/holidays), a judge reviews your case and may adjust the bail amount.
3. Arraignment: At your first court appearance, you can request a bail reduction or release on own recognizance. We would represent you at this hearing.
4. Bail hearing: If bail isn’t addressed at arraignment, a separate bail hearing may be scheduled. We would present arguments for your release or lower bail.
5. Posting bail: If bail is set, you or your family can post the full amount or work with a bail bond company.
6. Release: Once bail conditions are met, you’re released from custody to await further proceedings.

Throughout this process, our experienced attorneys at Spodek Law Group would be by your side, fighting to secure your release on the most favorable terms possible. We understand how stressful and confusing the bail system can be. That’s why we’re committed to guiding our clients through every step.

Alternatives to Cash Bail in California

While cash bail is still used in California, judges are increasingly considering alternatives, especially for lower-level offenses. Some options include:

• Release on own recognizance (OR): You’re released based on your promise to return to court, without having to post bail.
• Supervised release: You’re released but must check in regularly with a pretrial services officer.
• Electronic monitoring: You wear an ankle bracelet to track your location.
• Stay-away orders: You agree to avoid certain people or places as a condition of release.
• Treatment programs: You agree to participate in drug treatment, counseling, or other programs.

As your defense team, we would advocate for these alternatives when appropriate for your case. Often, these options can be more manageable than posting a large cash bail.

The Debate Over Bail Reform in California

The bail system in California remains a topic of heated debate. Proponents of bail reform argue that the current system unfairly penalizes low-income defendants and contributes to overcrowded jails. They contend that many people who pose little risk to public safety remain in jail simply because they can’t afford bail.On the other hand, critics of bail reform, including many in law enforcement, argue that eliminating cash bail could lead to more defendants failing to appear in court and potentially committing new crimes while released.This ongoing debate means California’s bail laws may continue to evolve. At Spodek Law Group, we stay on top of all legal developments to ensure we’re providing our clients with the most up-to-date and effective defense strategies.

How Spodek Law Group Can Help with Your Bail Situation

If you or a loved one is facing criminal charges in California, navigating the bail process can be overwhelming. That’s where we come in. At Spodek Law Group, we have extensive experience handling bail matters for clients throughout California.Here’s how we can assist you:

• Argue for lower bail: We’ll present compelling arguments to the judge for reducing your bail amount or releasing you on your own recognizance.
• Explore alternatives: We’ll advocate for non-monetary release options when appropriate for your case.
• Negotiate with prosecutors: In some cases, we may be able to negotiate with the district attorney for your release or lower bail.
• Guide you through the process: We’ll explain every step of the bail process and help you make informed decisions.
• Protect your rights: We’ll ensure your constitutional rights are upheld throughout the pretrial process.

Remember, the actions taken early in your case can have a significant impact on the final outcome. That’s why it’s crucial to have experienced legal representation from the start.

Frequently Asked Questions About California Bail Law

As criminal defense attorneys, we often get questions about California’s bail system. Here are answers to some common inquiries:Q: Can bail be denied in California?A: Yes, in certain circumstances. Bail can be denied for capital crimes, felonies involving violence or sexual assault if there’s clear evidence and a high probability of guilt, or if releasing the defendant poses a significant public safety risk.Q: How long can you be held without bail in California?A: Generally, you must be brought before a judge for arraignment within 48 hours of arrest (excluding weekends and holidays). At this point, bail will typically be set or you may be released on your own recognizance.Q: What happens if you can’t afford bail in California?A: If you can’t afford bail, you may remain in jail until your case is resolved. However, under the Humphrey decision, judges must consider your ability to pay when setting bail. We would argue for a lower bail amount or alternative release conditions based on your financial situation.Q: Can bail be revoked in California?A: Yes, bail can be revoked if you violate the conditions of your release, fail to appear in court, or are arrested for a new offense while out on bail.Q: How do bail bonds work in California?A: Bail bond companies typically charge a non-refundable fee of 10% of the total bail amount. They then post a bond with the court guaranteeing the full bail amount if you fail to appear.

Contact Spodek Law Group for Help with Your California Bail Matter

Dealing with bail issues can be stressful and confusing. But you don’t have to face it alone. At Spodek Law Group, we’re here to help guide you through the process and fight for your rights.Our experienced criminal defense attorneys have a deep understanding of California bail law and how to navigate the system effectively. We’ve helped countless clients secure their release or lower bail amounts, and we’re ready to put our knowledge and skills to work for you.Don’t let bail issues keep you or your loved one behind bars unnecessarily. Contact Spodek Law Group today at 212-300-5196 for a free consultation about your case. We’ll review your situation, explain your options, and develop a strategy to help secure your release as quickly as possible.Remember, the actions you take now can significantly impact the outcome of your case. Don’t wait – reach out to us today and let us start fighting for you.