If your loved one is stuck in jail in Orange, CA, it helps to know you can help them secure their release. California law permits arrested suspects to obtain freedom from incarceration and await the mention of their cases at home. Your loved one doesn’t have to stay jailed until the date set for their trial. However, you must post bail to guarantee the court of their willingness to attend the trial. It is the only way a California court would agree to grant their release.
At Bail Bonds, we come as a great relief for people like you who cannot afford cash bail to help secure their loved one’s release from incarceration. Bail is sometimes high, and so could be unaffordable for you and your family. We help pay bail to the court on your family’s behalf to ensure your loved one doesn’t remain in jail much longer than he/she should.
When an Arrest Occurs in Orange
Law enforcement agents in Orange make arrests every day. It could happen anywhere and anytime, including in the morning, middle of the day, or late at night. The police don’t have a specific timeline to act on a call or warrant for arrest.
Once a person is arrested, they are taken to a police station to undergo the booking process. It includes an officer taking down their personal details like their name, date of birth, physical address, occupation, and details of their alleged offense. The officer also checks the defendant's criminal background in the police database. Details like those will help the judge set bail, and the prosecutor opens charges against the defendant in court.
The first arraignment soon follows the booking process. That is when the defendant appears before a judge for the very first time. The first arraignment is mainly for bail setting. During this first hearing, the judge will determine whether or not to grant your loved one bail, how much bail they should pay, and the nature of bail that the court will accept.
In most cases, bail is usually predetermined. However, it could change based on the facts of your loved one’s case. The judge might raise or lower the already-set bail during this first arraignment. If your loved one has a legal representative at this point, their attorney can negotiate with the judge to reduce the bail and make it more affordable to the defendant’s family. However, the attorney must offer assurance that your loved one will appear in court on the dates set for trial.
In some instances, the judge might decide to release the defendant on his/her personal recognizance. It happens if the defendant is a first-time offender and their alleged offense is a simple misdemeanor. If that happens to your loved one, he/she will be free soon after their first arraignment. In that case, you will not have to pay anything to bail them out.
But if your loved one is expected to post bail for their release, you might have to raise the money or find collateral soon enough to avoid prolonging their stay in jail.
Why Bail is Important
An arrest is life-altering, not just for the arrested person but for his/her family, friends, and colleagues. The people who remain behind have to bear with their loved one’s absence, at least until the court concludes the case. It becomes even more challenging if your loved one is facing severe criminal charges. You start living as if you will not have them back home for a very long time. However, there is usually hope since the law allows you to help secure their release from incarceration, at least until the matter is concluded.
California courts do not conclude criminal cases soon as it would be favorable to many suspects. It takes a lot of time for the police to investigate the matter, gather proof, and present it in court. The suspects also need adequate time to prepare for defense. Thus, a judge might take weeks, months, and sometimes years to conclude a particular criminal case. Within that period, the suspect could remain in jail, away from his/her family. It means that they will miss out on work, family, friends, and other things that matter in their life.
Again, the California justice system works on a tight budget sometimes. Thus, it might not be sufficient to maintain full jails, where all suspected criminals are kept until trial. It could cost the taxpayer a lot more money if everyone that the police arrested remained jailed until the matter’s conclusion. The law allows courts to release suspected offenders if they have demonstrated an ability and willingness to appear to cut the cost.
Bail is used throughout the country as the money you can pay to the court on behalf of your loved one to guarantee that he/she will appear for trial. A judge sets the bail amount based on the circumstances of that case and the defendant’s criminal history. The amount could be high or affordable for your family. If high, you might want to consider other means of posting bail to allow your loved one to await his/her trial while free.
Bail is vital for various reasons. First, no one wants to remain in incarceration, especially if they can win their case. As with all other states, a person is not guilty until they are proven so in California. There is minimal freedom for your loved ones if they remain behind bars until trial. Second, your loved one’s life might stop temporarily or even permanently after arrest. He/she is likely to miss out on many things, including their job, school, family, and friends. No one wants to experience that unless they are genuinely convicted.
Additionally, bail allows your loved one to prepare for trial. There is nothing much a person can do while behind bars. But while out, your loved one can hire an attorney, collect evidence, and prepare for his/her trial. It improves their chance of winning the case.
Bail Available for Your Loved One in Orange County
When posting bail for a loved one in Orange, you have various options to choose from, depending on your preference and what is acceptable in the local court where your loved one will stand trial. The type of bail will also depend on the details of the underlying offense. The standard options available today include:
Unsecured Bond
As its name suggests, it is a type of bail in which your loved one obtains their release from jail without paying anything to the court. As mentioned before, the judge might decide to release your loved one on personal recognizance. However, your loved one must assure the court of their willingness to appear for trial. If the judge is fully convinced, he/she will let the defendant go without securing their release. However, this only occurs in rare cases and at the discretion of the judge.
Cash Bail
Cash bail is quite common in Orange as a way to secure the freedom of a loved one from incarceration. By cash bail, it means you pay the total amount in cash. However, this option is only available for people or families that can raise the entire bail within a short period. Remember that you do not want your loved ones to remain in jail much longer than they should. That is why this option might not be the best if you don't have ready cash at hand to post bail for their release.
Property Bond
You could opt for a property bond if you don’t have enough money to secure your loved one’s release in cash. With the property bond, you’ll only need a title of available property. However, its worth must be greater than the bail amount. If the court agrees to accept a property bond, you will only be required to hand over the property documents to the court clerk, sign the necessary documents, and the court will process the release of your loved one. This process does not take long as long as you have the essential documents with you.
Surety Bond
It is the primary option for most families willing to secure their loved one’s release from jail. As mentioned earlier, bail is usually set high. It means that it could be unaffordable to most families. Thus, you may not have enough funds for bail and might not have valuable property with which to secure your loved one’s release from incarceration.
That is why California law permits the intervention of a third party called a bail bonds dealer. A company or individual could help you post bail for