Bailing Someone Out of Jail in California

When someone you love is arrested, your first concern is getting them out of jail. Understanding the bail process can make the experience less intimidating.

How is the amount of bail determined?

After an arrest, the Magistrate will set the bail. When determining the amount of bail, the Magistrate utilizes the bail schedule for that county. The bail schedule sets the baseline for bail. It is a list of all charges and what a normal amount of bail should be in that case.

After reviewing the bail schedule, the magistrate will then review Penal code 1275 to determine the proper amount of bail for a particular case. Penal code 1275 provides that the Magistrate consider the following 4 factors:

  1. Protection of the public
  2. Seriousness of the offense
  3. Previous criminal record
  4. Probability of appearance at future hearings

Using feloniously obtained funds to post bond

The court can also review the consideration, which is the money used to post the bond. Under penal code section 1275.1a, "Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained."

If there is question as to whether a defendant will use funds obtained through criminal activity to post bond, the court can place a 1275.1 hold. This can be done in three ways:

  1. Police officer writes probable cause statement establishing facts for the court to consider as to why they believe the defendant would be utilizing feloniously obtained funds.
  2. Prosecutor issues a probable cause statement establishing facts for the court to consider as to why they believe the defendant would be using feloniously obtained funds.
  3. Judge finds probable cause by reviewing the facts of the case and statements made during arrest.

If a 1275.1 is placed on defendant, a hearing is required for a defendant to post bond. The court will then set a date to review financial records of the person providing the money, explore the relationship between that person and the defendant, and reasons that money may not be from a felonious source. The defendant must remain in jail until after the hearing.

How do I post bond in California?

If you need to post bond, you have two options. If you have the means, you can post the entire bond amount by yourself. If you appear for all court dates, the money is returned when case is completed.

If you are unable to post bond, you can hire a bail bondsman. A bail bondsman will charge a 6-10% fee for services. A co-signor is required to sign for the defendant, agreeing to make sure that all court appearances are met. Should the defendant fail to appear in court, they are responsible for paying the full bail to the bondsman. If the defendant is unable to pay, the co-signor is responsible for paying the full amount of bail. Some bond companies offer a discount if the defendant has retained legal council.

When will the Defendant be released after posting bond?

Depending on the time and location of the arrest, a defendant is typically released between 30 minutes and several hours after bond has been posted.

Need help with bail questions?

If you or a loved one has been arrested, hiring an attorney immediately will help insure the best possible outcome of your case. As a Glew & Kim client, you case will be handled directly by Christopher Glew or Jina Kim, who apply more than twenty years of legal knowledge to providing you with the best possible outcome. Contact us for a no-cost review of your case.

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