If someone you know or a loved one gets arrested, what can you do to help? Various resources can assist with the legal process, such as consulting an attorney or posting bail. The problem with the bail bonds option is that it may only help your loved one temporarily, and ultimately they will have to go to trial or may never be released. Let’s explore what happens when you bail someone out of jail.
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What are Bail Bonds?
A bail bond refers to a cash payment or a promise to pay on behalf of the alleged offender that is made to the court. It shows that you will make your loved one appear at their scheduled court date. If they do not show up, then the bail money is lost. While this payment is made in place of remaining in jail before a trial, it does not serve as any type of guarantee that they will be released when they go to trial.
What are Your Responsibilities After You Bail Someone Out of Jail?
If you post your loved one’s bail, you must ensure they attend all court dates. This includes their arraignment, which is the first appearance in court after the arrest. The judge will inform them of their charges and rights at this stage, and they have a final chance to plead guilty or not guilty. Failure to appear will result in an arrest warrant being issued. If they are arrested on this warrant while out on bail, they may be detained until their trial date. If they are convicted, your loved one may be sentenced to a jail term, and you will have to pay the associated costs.
How to Set a Bail Bond in Orange County?
The bail amount is up to the judge. However, it will be based on the nature of the crime and the criminal record of your loved one. If you cannot afford to pay the full amount, your attorney may approach the court for a reduction. The court will also consider whether your loved one is a flight risk. Bail may be denied if they pose a risk of fleeing or harm to the community.
Also, bail bonds in Orange County are typically not refundable. They will be forfeited if the accused fails to appear or is found guilty. Also, there will be no bail refund if your loved one is found innocent of the charges.
What Happens If You Bail Someone Out and They Refuse to Show Up in Court?
California law requires persons who post bail to appear in court when the alleged offender does not. In addition, the state imposes a monetary fine on anyone who posts the bail and then abandons the person they are bailing out. You can also be charged with a misdemeanor of posting false statements or representations to a public servant. If you do not attend court, you could be subject to criminal charges and financial penalties under various statutes depending on your relationship with the alleged offender.
Can Someone Be Bailed Out for a Felony?
Yes, but the process is more complex. You must consult legal counsel before posting bail for a felon. Often, felons are not allowed to post bail until their sentencing. However, some may be released on their recognizance in certain cases.
Also, they will pay a higher bail amount and may be subject to other restrictions.
Is Bail Always Required?
After being arrested for a felony or misdemeanor, a person will not be released from jail until they post bail. They will also be held in custody until the hearing and cannot leave the premises. It is important to note that this holds even if they make bail. The Orange County attorney can ask the judge to hold them for up to a year if they are charged with a felony.
Do I Need an Attorney?
Sometimes, you or your loved one need to hire an attorney if they were arrested, and bail is needed. If you are facing a felony charge, it is important to consult with a criminal defense attorney as soon as possible. They will be able to review the case against you and research your rights. You may also want to request a court-appointed attorney if they or your loved one qualify under certain circumstances.
Conclusion
Bail can help your loved one gain its release while awaiting trial. However, they will have to appear in court and may be released only temporarily if they cannot pay the full amount. Also, you may need to hire an attorney if you post the bail. Other factors such as flight risk or past convictions will also influence whether bail is granted. It is important to consult with an Orange County attorney if you need help.
