If you’ve been arrested in California, you may be wondering how long law enforcement can hold you without bond. Unfortunately, the answer to that question is a little complicated. It depends on the circumstances, as you will learn below.
How long can you be held without bond in California?
According to the California Penal Code Section 825, a person arrested in California must be brought before a judge within 48 hours of their arrest and either be charged with a crime or released. The presiding legal officer must then set a bond or agree to release them without charge.
The law defines this legal right as “the right to a speedy arraignment.” California introduced the law to protect defendants against indefinite incarceration without trial or due legal process.
However, there are some exceptions to the 48-hour rule in some circumstances. For instance, if the arrestee is a fugitive or facing serious charges, judges may hold them for longer than 48 hours. Defendants caught in the act of murder may need to wait longer and may not receive the option to pay bail to secure their release. Similarly, if law enforcement officials arrest the arrestee on a public holiday or weekend, they may extend the 48 hours to the next business day. The action could potentially incarcerate the defendant for 72 hours legally without bond.
With that said, the 48-hour rule nearly always applies. Courts, legislatures, and legal officials are keen to make charges explicit and begin legal proceedings, upholding the law.
What factors will a judge consider when determining whether to set bail?
Despite various legal rights, the law doesn’t guarantee defendants bail in California. Judges may deny bail if:-
- They consider the defendant a flight risk because they have a history of skipping court or are a non-resident with no ties to the local community
- They have a violent criminal history, and releasing them might put the public and victims at risk
- They have committed a serious crime, such as fraud, embezzlement or murder, and they face the death penalty or life imprisonment
Judges consider the severity of charges brought against the defendant as the leading factor in deciding whether to grant bail. Someone charged with murder is likely to skip court to avoid severe penalties than a DUI arrestee.
Criminal history is another factor the courts consider. Judges may deny bail if the defendant has a prior criminal record. It may indicate they are at a higher flight risk. Judges want to ensure they attend the trial and proper legal proceedings can take place.
Judges will also consider ties to the community. If the arrestee has a job, family, or home in the local area, they are less likely to flee. Financial and familial bonds may encourage them to stay and attend their trial.
Financial resources are another consideration. Judges may deny bail to people with substantial wealth if they believe it was ill-gotten or believe they don’t have much to lose if they set bail.
Finally, judges will consider safety when determining bail. If the judge believes the defendant threatens the public or their own safety, they may order that they remain in custody without release.
What happens if a judge denies bail?
If a judge denies bail, the defendant will need to remain in jail until their trial. Unfortunately, this incarceration can last a long time and can be mentally challenging for the arrestee. Time away from work, family, and freedom is psychologically and financially costly, which is why anyone in this position needs to work with an experienced attorney. Lawyers can file an appeal of the judge's decision or present new information that could lead to the defendant's release
How to post bail in California
Various forms of bail are available to defendants in California.
- Cash bail. Cash bail is the most common bail type. Here, defendants pay the full amount set by the judge, either directly or via an intermediary. Unfortunately, it can take time for law enforcement to check the source of funds, and, in some cases, arrestees cannot access them because of confiscated property.
- Property bail. Property bail lets defendants use their home or car as collateral. Judges will sometimes set bail amounts equal to the value of defendants’ assets, rendering them forfeited if they do not attend their trial.
- Bail bonds. Bail bonds are the preferred way to pay bail in California. Here, defendants liaise with a bail bond agent who agrees to pay the bail on their behalf in exchange for a fee. The bail bond company then recovers its costs when the defendant shows up for their trial.
Which type of bail defendants can post depends on their legal and financial circumstances. Unfortunately, the first two options can take time to process. Legal officials must first determine whether the arrestee holds assets legitimately, which can require several searches.
What bail types are available in California?
In addition to regular cash bail, several other bail types are available in California.
Pretrial release
Pretrial release is a program that allows eligible participants to leave jail and secure their release before their trial under certain conditions. For example, defendants may need to subject themselves to regular drug tests or wear electronic monitoring tags.
Plea bargain
Reaching a plea bargain with the prosecution may result in a reduction or waiver of bail. Defendants may secure their release if they admit a crime.
Citation release bail
Lastly, law enforcement may grant defendants citation release bail, which is legally equivalent to never being taken into custody in the first place. Here, police officers issue the arrestee a citation and don’t require them to accompany them to the jail cell.
Conclusion
Judges will grant regular cash bail in California for most charges. However, they will deny the defendant under exceptional circumstances. For this reason, arrestees need to work with competent attorneys who understand bail law.
If you would like to arrange a bail bond, get in touch with Mr. Nice Guy Bail Bonds. Call 844-400-2245 or fill out an online bail application.
