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

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

If someone is posting bail for you in San Francisco, it’s important to understand the consequences of not showing up for a scheduled court hearing. Failure to appear is a separate crime under California law, and the penalty depends on the original crime. For a misdemeanor, the failure to appear penalty is also a misdemeanor, with a fine of up to $1,000. For a felony, the penalty also is a felony – with a fine of up to $10,000 and up to 3 years in prison. However, you have up to 6 months to provide an acceptable explanation to the court and avoid any penalties. If you are arrested in San Francisco, here are 4 things you should know:

Bail process in San Francisco

Defendants arrested in San Francisco are brought to County Jail 1, part of the San Francisco County Jail system. County Jail 1 is where intake and booking takes place, while there are 5 other facilities where defendants can be housed in the area. For most misdemeanors and some less serious felony crimes, bail can be determined immediately from the San Francisco County bail schedule, which is available online.   After booking, defendants can begin the bail process themselves or call a friend or relative or bail bond agent for assistance.

Types of jail release in San Francisco.

  •      Own recognizance. This option is reserved for defendants with little or no previous criminal history who are arrested for crimes that do not involve violence or a minor. It can be helpful to have an experienced criminal defense attorney to argue for an OR release. No bail is set and no money is required from the defendant. Instead, the defendant signs an agreement promising to show up for all scheduled court hearings.

  •   Cash bond. The fastest way to be released from jail is for a defendant to post a cash bond. However, that requires that the entire amount of the bail be paid. Payment can be made by the defendant or a co-signer, and at the end of the trial, the money is returned – minus court fees and costs.

  •      Surety bond. For defendants who do not have the money to pay for bail in cash, a surety bond is the most common option. Under California law, bail bond agents can charge up to 10 percent of the bail amount – that fee is nonrefundable. In practice some bail bond companies charge 8 percent under certain circumstances.

  •     Property bond. This option is not seen often because it is time-consuming and involves granting San Francisco officials a lien on personal property. There is considerable paperwork required for a property bond, including an appraisal to prove the value of the property and proof that the defendant has sufficient equity in the property to cover the cost of bail. Property bonds are most common when the bail amount is very high.


How bail is set

While court officials can set bail for any case – whether the crime is a misdemeanor or felony – San Francisco County has a bail schedule that is used for most misdemeanors and less serious felonies. Under that schedule, for example, misdemeanor vehicle theft is $5,000, the same as misdemeanor burglary. Felony bail amounts can be much higher. For example, identity theft is $40,000 and aggravated arson is $1 million. An attorney can request a hearing asking for a reduction in bail.

Bond costs and options

Many bail bond agents charge a 10 percent premium for providing a surety bond. In exchange for 10 percent of the bail amount, the agent guarantees the entire amount of the bail to the court. If you are a military veteran or have hired an attorney, it’s usually possible to find a bail bond company that will charge 8 percent. It is illegal for any company to charge more than 10 percent.

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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