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Home > Posting Bail in San Diego, Calif.: 4 Things to Know

Posting Bail in San Diego, Calif.: 4 Things to Know

Bail is San Diego is specific to San Diego County. Instead of a statewide bail system, every county has a bail schedule that court officials use as a starting point in determining bail. That means the bail schedule varies in each of the 58 counties in the state. In cases involving misdemeanors, there often is no variation from the schedule. That is more likely with more serious crimes. If you are arrested in San Diego, here are 4 things you should know about posting bail.

Bail process in San Diego

A defendant arrested for a misdemeanor or felony could be taken to a number of facilities, including the San Diego Central Jail and the George Bailey Detention Facility. The procedure is the same at all facilities: a defendant is first processed into the facility and then allowed to make a phone call. That phone call will often trigger the jail release process, whether a defendant calls a friend or relative or a bail bond company. Defendants who have sufficient cash can almost immediately post bail if the amount has been set. That often happens almost immediately with the help of a county bond schedule, judges will often require a bond hearing to get more details on the crime before setting bail for a more serious offense.

Types of jail release in San Diego.

  •      Own recognizance. California law makes this an option, though it is usually reserved for defendants with no prior criminal history and for misdemeanors not involving physical violence. No bail is set; instead, the defendant signs an agreement promising to return for all court hearings. A skilled criminal defense attorney may be able to argue for a defendant to be granted an OR release.

  •   Cash bond. A defendant or co-signer can pay the entire amount of the bail in cash, which saves money on the 10 percent premium paid to bail bond agents. Some criminal defense lawyers recommend against a defendant putting up cash because it lead officials to suspect the money came from a criminal enterprise.

  •      Surety bond. This is the most common jail release option because many defendants do not have the money to pay the full amount of bail, even for a misdemeanor. Instead, a bail bond agent puts up the money and accepts a 10 percent premium from the defendant that is nonrefundable. A defendant who skips bail must pay the entire amount of bail – the same requirement for a co-signer that posts bail on behalf of a friend or loved one.

  •     Property bond. This option is the most time-consuming because a defendant must present paperwork that proves ownership of the property as well as equity in the property equal to twice the value of the bail. Generally, a recent appraisal is required. Property bonds are seen most often in cases in which the bail amount is very high - $100,000 or more.


Requirements for co-signers

Most bail bond companies require that co-signers have satisfactory credit and a connection to the community – often, a co-signer must have lived at least one year in the community to qualify. Of course, a co-signer must sign a contract promising to ensure that the defendant shows up for all court hearings. It is possible, however, for a co-signer to revoke the bail if there is a concern the defendant will skip bail. When a defendant does not show up in court, the co-signer is responsible for the entire amount of the bail.

Bond costs and options

California law regulates the bail bond industry and has imposed a ceiling on the premium agents can charge at 10 percent of the total bail amount. However, it’s possible to find some companies that charge less than that amount, particularly for military veterans or defendants represented by an attorney. Those types of defendants – historically – are more likely to show up for all court hearings.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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