ORANGE COUNTY BAIL ATTORNEY

Understanding the Bail Process in Orange County

Being thrown in jail is one of the more frightening experiences in life, and trying to get out of jail can quickly become a nightmare. In some cases, the only way that you can be released from jail is by posting bail. 

“Bail” is the term used to describe the money you post with the court in order to be released until your future court appearance. If your accusations aren't that serious or if you don't have a previous criminal record, the judge may choose to release you on your own recognizance (called an O.R. release). This means that you can avoid posting bail by simply promising that you will attend your court appearances.

When you understand the bail process and what is involved with posting bail, you will be more adequately prepared to handle a criminal arrest and what follows. 

Bail amounts vary from county to county depending on your criminal charges, but people who are accused of the following crimes are not entitled to be released on bail in Orange County:

• Capital crimes (i.e. murder with special circumstances) if facts are evident or the presumption great.
• Felony crimes involving the act of violence on another person, if facts are evidence or presumption is great, and the court finds that there is a substantial likelihood that your release would result in great bodily harm to others based on clear evidence.
• Felony offenses when the facts are evident or the presumption is great, and if the court finds based on clear evidence that you have threatened another with great bodily harm and there is a likeliness you will carry out the threat if released.

Methods for Bailing Someone Out of Jail

If you are eligible for bail, you will have three options: cash bail, property bond, or bail bond. Cash bail may be applied towards the fine by depositing the full amount with the court clerk, and you may be able to pay by traveler's check, cash, money order, personal check, or a bank cashier's check. Additionally, you will receive a full refund of this money if you attend all of your court appearances. 

Failure to appear means that you forfeit your money to the court.

Bail bonds are the most common means used to post bail because many people do not have enough money to post cash bail. In order to obtain a bail bond, you go through a bail bondsman (also called a bail agent) who will post your bail in exchange for a non-refundable premium. California law states that this premium has a maximum of 10%, which means that you will pay the bondsman $4,000 if your total bail is $40,000.

The least common method used to post bail is a property bond. This essentially means that you allow the court to place a lien on your property and the court has the right to institute foreclosure proceedings if you fail to appear for court. 

Before you make a decision, it is important to run through your options with an experienced bail lawyer who has handled cases like yours. Here at The Law Offices of Jacqueline Goodman, Attorney Goodman and her legal team have an impressive record of success in Orange County courtrooms for a variety of cases.

Once your case is resolved, the court will release your bail if any of these circumstances apply:

• Your case is concluded
• You are declared incompetent to stand trial
• You are committed into custody following an adverse verdict
• You are ordered to take a drug diversion program

Bail & Own Recognizance (O.R.) Release

Bail must be set no higher than is reasonably necessary to ensure the defendant's appearance at future court proceedings. It is not intended as a means to prematurely punish those who have not been convicted of a crime. Notwithstanding, when determining the appropriate bail, the Court must assume that the facts alleged by the prosecutor, i.e. in the police report, are true.

Still, any person who has been arrested for or charged with a non-capital offense is entitled to be released on his or her own recognizance unless the court makes a finding on the record in accordance with California Penal Code § 1275 that an "own recognizance" (O.R.) release will compromise public safety, or will not reasonably assure the appearance of the defendant as required. If such a finding is made, the court must set bail.

WHEN CAN AN ACCUSED GET AN O.R. RELEASE?

Oftentimes, a skilled criminal attorney can secure the pretrial release of an arrested defendant on their own recognizance or promise to appear. In such cases, even where bail has been set by the arresting agency, the defendant is immediately released with no outlay of money and there is no need for any bail bond. Other times, a motion for reduction of bail or O.R. release can be made in court at arraignment, shortly after the arrest, or at other times during the pendency of the case, as appropriate.