California Penal Code previews that it is allowed to require to be released from jail by paying bail. The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant as well as that the bail will pay to the people of this state a specified sum.
While a person is charged with a felony, the decision of the admission to bail will be rendered by a competent Court or magistrate. The main purpose of the bail is to guarantee the appearance of the defendant to the trial. In a misdemeanor it is probable that the arrested will be released on his/her own recognizance( also known as O.R.). Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail. In general, it happens after one spent night at the local jail. In order to admit a person to bail it should be clear that he/she would appear at the court date listed on the citation. Otherwise, the law enforcement officer will issue a warrant for the defendant arrest.
The amount of bail depends on the seriousness of the committed offence as well as on criminal record, social risk and specific circumstances of each case. In general, bail varies from thousands to hundreds of thousands of dollars depending on the circumstances of each case. A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or the presumption thereof great.
I has to be mentioned that the down payment which the defendant pay to the California Bail Bondsman cannot be returned, moreover if the person fail to appear for any court date he will be obliged to pay the full amount of money issued for his/her admission to bail.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of DUI, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
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