Bail in a criminal case

by | Apr 29, 2013 | Legal Services

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The normal procedure is that anyone arrested has to post bail before they can be released; that is not always the case, bail in Santa Rosa is sometimes not needed

Minor crimes:

Being arrested on a minor crime such as a traffic violation or, in some states, a misdemeanor drug possession charge will result in being issued a ticket or citation. The ticket specifies the offense and sets a date for a court appearance.

For many minor crimes it is possible to pay the pre-set fine and then there is no need for a court appearance. Minor crimes rarely result in an arrest.

Bail determination:

If you are arrested for a crime and you are jailed, one of the first things you will want to know is how to get out and how much it will cost. If the crime is a common misdemeanor, bail is usually a standard, pre-determined amount that can be posted just as soon as you can arrange the money. Normally in cases like this, a friend or family member will go to the police station, post Bail Santa Rosa and you will immediately be released. In these misdemeanor cases it is not unusual for a person to be arrested and back on the street in a couple of hours.

Bail set by the court:

For crimes of a more serious nature, such a crime with violence or a felony, bail must be set by a judge or magistrate. In a situation like this you will have to remain in jail until the next court date. The next court date will be a Monday if the arrest was made on either a Saturday or Sunday; there are some jurisdictions where you can be held for five days before being brought before a judge.

The bail in Santa Rosa will be set so as to guarantee that you will be back in court at the designated date and time. The more serious the crime, the more tempted the individual may be to attempt an escape from a court appearance; hence, the bail amount will be higher.

Buying a bail bond:

Depending on the amount of bail demanded by the judge, you may or may not have enough money to post bail. If this is the case, you can buy a bail bond. A bail bond is purchased from a bail bondsman who posts the bail set and charges a fee for doing so. The fee is normally 10% of the bond amount. The bondsman may insists that you put up collateral or provide some form of guarantee that will convince the bondsman that you will make the scheduled court appearance.

The difference between bail and a bond is; you will have your money returned if you post Bail Santa Rosa, if you post a bond, the money you advanced is the fee and it will not be returned.