During COVID, LA had what’s known as a “zero-bail policy” in place – but what is zero bail, and what are the implications for defendants? Here’s what you should know about CA’s zero bail policy.
What Is Bail?
Bail is a large sum of money a defendant pays in exchange for release from jail. Once bail is posted, the defendant may be released within a few hours, but it can take longer if it’s a weekend or holiday.
The defendant must agree to certain conditions, known as bail conditions before they’re released. Bail conditions include, for example, returning to court on scheduled dates. If someone fails to meet their bail conditions, they could be arrested, and the bail money is forfeited.
What Is the LA County Zero-Bail Policy?
In April 2020, LA County introduced an emergency order for a “zero bail” policy.
The Los Angeles zero bail policy meant that those accused of misdemeanors, or low-level offenses, could be released from jail without posting any bail. The rules stem from CA’s statewide Emergency Bail Schedule of 2020.
As the zero-bail policy only applied to lower-level crimes, not every defendant was eligible for zero bail. For example, zero bail didn’t apply to serious felonies.
Why Did LA Have a Zero-Bail Policy?
Zero bail was introduced during the pandemic to help stop the spread of COVID-19 among inmates. The jail population is vulnerable to infection more generally due to the enclosed space, and so the policy helped to keep defendants and prison staff safe.
Is Zero-Bail the Same as a Non-Bailable Offense?
No. A non-bailable offense is a crime for which the defendant cannot get bail. Examples include terrorist offenses and crimes for which you could be sentenced to life imprisonment.
Is Zero-Bail the Same as Released on Own Recognizance (ROR)?
A defendant who is released on their own recognizance is released without having to post bail. This might happen if, for example, the defendant faces very minor charges.
Although it means there’s no cash bail payable, it’s not the same as a zero-bail policy, as it’s offered on a case-by-case basis – it’s not a general policy.
Is the California Zero-Bail Policy Still in Effect?
No. The California zero bail policy of 2022 (and earlier) is no longer in effect. It expired on July 1, 2022.
Is The Zero-Bail Policy in California the Same as Los Angeles’s No Bail Policy?
Yes, the zero bail policy in California and Los Angeles’s no bail policy refer to the same thing. Both policies were implemented to address the same concerns and follow similar protocols.
Under these policies, defendants accused of misdemeanors or low-level offenses could be released from jail without posting bail. This approach is part of the cite and release or book and release methods, where defendants are cited or booked and then released pre-arraignment, provided they meet specific criteria.
These pre-arraignment release protocols were designed to reduce the jail population and mitigate the spread of COVID-19 within correctional facilities. The zero bail policy in LA helped ensure that defendants, who posed a minimal flight risk and were not accused of serious crimes, could await their court dates outside of jail, thereby minimizing health risks for both inmates and staff.
Pros and Cons of the CA Zero Bail Policy
While there is some suggestion that zero bail may have led to higher crime rates, there’s not enough tangible evidence to show that this is the case.
However, what’s clear is that the zero-bail policy reduced pressure on the justice system by decreasing the number of defendants facing pretrial detention. It also helped to keep jail populations safer by mitigating the spread of a highly contagious – and potentially dangerous – virus.
What is the Benefit of a Zero-Bail Policy?
The zero-bail policy offers several benefits, particularly in addressing issues of fairness and public health.
Reducing Unfair Detention
One significant benefit is that it prevents situations where an innocent person stays in jail simply because they cannot afford to pay a large sum for bail. Traditionally, the inability to post bail can lead to prolonged detention in jail before trial, regardless of whether the individual poses a threat or is a flight risk.
Fairer Pre-Trial Release Decisions
The policy ensures that the determining factor in deciding whether someone remains in jail before trial is based on their risk to the community and likelihood of appearing in court, rather than their financial capacity. This approach requires a magistrate judge to assess factors like flight risk and public safety when deciding whether that person should be held in jail or released.
Easing Burden on the Justice System
Implementing a zero-bail policy also helps reduce the burden on the justice system. By releasing individuals accused of low-level offenses without requiring them to pay bail, law enforcement and judicial resources can be focused on more serious cases.
Promoting Public Health
During the COVID-19 pandemic, the zero-bail policy was particularly beneficial in promoting public health. By minimizing the number of people held in crowded jail environments, the policy helped mitigate the spread of the virus among inmates and staff.
How Much Is Bail in LA Now?
There’s no set amount, but bail is usually set in line with bail schedules. A bail schedule is a list of recommendations that judges may refer to when determining the bail amount. For example, in LA, bail can be as low as $35 for infractions, but it will be significantly higher for violent crimes or serious offenses such as robbery.
What if I Can’t Afford Bail?
It’s not unusual for a defendant or their loved ones to struggle to afford cash bail. If you can’t pay, you may obtain a bail bond instead.
A bail bond is a guarantee, or surety, that a defendant will meet their bail obligations. In California, it’s usually 10% of the overall bail amount. You may obtain a bail bond from Bail Hotline 24 hours a day, 7 days a week – contact us now to purchase a bail bond.
How Do I Post Bail in Los Angeles?
The process for posting bail is simple.
- If you can afford the whole bail amount, you can pay in person at the county jail where the defendant is held.
- If you can’t pay the full amount, you can purchase a bail bond. Contact bail bondsmen who will process the payment and help you arrange bail.
If you have any questions about posting bail in LA, don’t hesitate to contact us.
Post Bail in Los Angeles With Bail Hotline
Defendants in LA are no longer released on zero bail unless it’s on their own recognizance. If you need a bail bond to secure a loved one’s release from jail, Bail Hotline is here to help. We can process bail bonds 24/7 and we will do everything possible to expedite the bail process.
Don’t waste precious time searching for a bail bonds company in LA – choose Bail Hotline. Get in touch today or visit one of our local offices.
