The Latest Bail, Community, and Local News

Can You Go to Jail for Not Paying Bail Bonds in California?

A depiction of bail bonds including cash, a gavel, and cuffs

While most people know what bail is and how it can help you get out of jail until a court appearance, there’s still a lot of confusion as to how bail works, who qualifies for it, and how you can make bail if you or a loved one ends up in jail. Furthermore, bail amounts can be reduced or raised for different reasons (or prohibited entirely) so it’s important to know your rights.

How Bail Works

In the state of California, each county has a different bail schedule for different offenses. Once you’re arrested, bail will be determined by either the schedule or a bail bondsman, though attorneys or judges may weigh in. For minor offenses, there may be reasons for no bail, but that depends on the offense and the circumstances of the crime. Sometimes, people are released immediately after booking with no bail at all.

However, if your offense is on the bail schedule, bail will have to be paid if you want to spend time outside of jail prior to your court appearances. If you’re wondering if you can bail yourself out of jail, the answer is yes, as long as you have the funds and the means to do so. The same goes for if you have a family member or friend that will put up the bail – you’ll be able to walk away until your arraignment and other hearings.

How Long Do You Stay in Jail if You Can’t Make Bail?

If you can’t make bail, you’ll be stuck in jail until your court appearances start. Sometimes that can be a short period, but it could also take weeks or months, particularly during overly busy and challenging times. If you take out a bail bond in California, you may be interested in how to get out of paying a bail bond, but then you’ll soon be headed back to jail.

That’s because you can go to jail for not paying bail bonds in California. Or, rather, if you can’t afford to bail yourself out, the law says you should be held in jail until your arraignment. If you don’t have enough money and can’t make the bail payment in full, a bail bond company may be able to help by putting up most of the money while you put up cash, assets, or other collateral that the bail bond company can use to initiate the proceedings to get you out on bail. Be careful, though, and make sure to do your research. Some companies will charge high fees with a hidden catch. 

Things that will affect your bail total include:

  • if anyone was injured
  • the seriousness of the offense
  • whether threats, weapons, or drugs were involved
  • whether you’re employed or have community connections
  • your criminal history &
  • whether you’re likely to appear for your hearings

Getting Out on Bail

For most people, the number one concern is getting out on bail as soon as possible after a recent arrest. That can mean the same day or within a couple of days, but it’s all better than waiting weeks or months for your arraignment and other court appointments to start (especially when you feel unsafe in jail). Non-serious offenders are often released without bail as soon as they’re booked, but a serious crime will have contingencies attached to your freedom. 

While you can go to jail for not paying bail bonds in California, you can also end up back in jail if you don’t abide by the conditions of your bail. Sometimes, conditions are used to reduce the amount of bail, such as remaining under house arrest, surrendering a passport or driver’s license, and even restrictions on travel – like not being allowed to leave the state. 

Posting bail is often relatively simple as long as you have the cash. However, if the large amount is giving you pause and you can obtain about 10 percent in cash or collateral, working with a bail bondsman can provide a way forward. Bail bonds in California only require you to put up 10 percent or less of the total, meaning that a $50,000 bond can be bought for $5,000 or less.

To get professional help within minutes, contact the bail experts at My Bail Hotline. We’re here throughout California to help you with any bail issue, and offer flexible payment plans at affordable rates. Contact us today!

Bail vs Bond Jail: What’s the Difference?

A defendant waiting for bail

While defendants of smaller crimes may be released after arraignment, those that have committed more serious crimes will remain in jail until their court dates unless a bail or bond is posted. The bail amount depends on whether the defendant is a flight risk and whether they may commit additional crimes upon being released, though bail can also be denied altogether. Continue reading

Why Was the California Bail Reform Act Paused?

Handcuffs on a California flag

Those that voted in the 2020 election in California had an interesting choice to make. Given that access to money can make it easier to get out of jail on bail, Golden State voters were allowed to decide whether to replace the existing bail bond system with something a little more equitable. After all, those without the means to post bail often languished in jail until their court dates while their well-heeled counterparts could walk free shortly after being booked. Continue reading

Leaving the County While on Bail: What You Can and Can’t Do

A depiction of the bail bond system

If you or a loved one has been recently arrested and subsequently released on bail, it can be a worrisome time. After all, being stuck in jail is no way to spend the holidays or any other time of year – and worrying about upcoming court dates can be a burden weighing on anyone’s shoulders. A bail bondsman can help get you or your loved one out of jail, but what about what happens after you go home? What are your rights? Can you leave the county while on bail? Or what about other travel restrictions while you’re out on bail?  Continue reading

Possession of Drug Paraphernalia California | CA HS11364

Almost everyone in California should know that possessing drugs is a serious offense that can result in severe consequences. What many people may not know, however, is that simply possessing the items used in the consumption of certain drugs can be a criminal offense. This crime is known as possession of drug paraphernalia, and if convicted, an individual may end up with a punishment that many view as excessive.

What is Possession of Drug Paraphernalia in California?

Drug paraphernalia involves any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes. Merely being in control of these items is a violation of California’s Health and Safety Code. The law says that it’s illegal to possess drug paraphernalia in California. It goes on to state that these types of items include anything used in the smoking or injecting of unlawful controlled substances. It should be noted that syringes used for medically prescribed purposes do not fall under this statute.

The prosecution must prove that a person had control over, or simply the right to control, the paraphernalia when arrested. In addition, it must be proven that the individual knew the item was drug paraphernalia and also knew that they had control over the item. Items used for marijuana use are exempted from this law and handled under other statutes.

Types Of Drug Possession Charges

Understanding the types of drug possession charges can help you know what to expect in a court of law. The penalties for various types of drug possession charges vary from case to case, and it is important that you have a strong defense against any potential charges. 

There are three types of drug possession charges an individual may face:

  1. Actual Possession – Actual possession happens if drugs were found on the defendant’s person. For example, if you are smoking a marijuana cigarette and police walk by, you would stand charged with actual possession.
  2. Constructive Possession – Constructive possession happens if drugs were stored and under the defendant’s control. For example, if drugs were in the trunk of a vehicle, then it would be considered constructive possession.
  3. Joint Possession – Joint possession happens when multiple persons possess the drugs in question. For example, if two friends were in a car and police found marijuana on each of them, they would both face charges for joint possession.

Bail Amounts for Possession of Drug Paraphernalia in California

Although the state of California sets forth punishments related to all crimes committed within its borders, it does allow individual counties to set their own bail amounts. Each county lists these amounts on their bail schedule. Individuals who can either pay the face amount, or have Bail Hotline post the bond for a fraction of that cost, can be released from jail instead of waiting in custody for their court date.

The bail amounts for possessing drug paraphernalia can vary greatly. In Los Angeles, for instance, bail is set at $250 after an arrest for drug paraphernalia possession. It’s important to note, however, that many bail schedules don’t even list a bail amount for possessing drug paraphernalia. This doesn’t mean, though, that there is no set measure. In Orange County, for instance, the bail schedule states that any misdemeanor charge that isn’t listed will have a bail amount of $500.

Punishments for Possession of Drug Paraphernalia

The potential repercussions for a conviction of this magnitude are pretty straightforward. Those who are convicted are guilty of a misdemeanor and subject to up to six months in jail. In addition to this, a person may also face a $1,000 fine for their possession of these particular items. Many think this is a bit excessive for merely having certain equipment, but these punishments have long been set forth by the state.

In addition, individuals with California professional licenses, such as a teaching license, may be put on automatic leave until the situation has been resolved. This means that these individuals could face the loss of their jobs in addition to the aforementioned penalties.

While the punishments for possessing drug paraphernalia in California may seem excessive to some, this doesn’t mean that the California criminal justice system is going to go easy on a person convicted of the crime. Anyone facing these types of charges has a few important decisions to make, and an individual who gets help from an attorney is much more likely to have a good outcome from their case.

How Long Does it Take to See a Judge

Getting arrested starts an entire series of hardships and consequences that a person must face. People are often left sitting in jail wondering when they can see a judge so that they can learn their bail amount – but this is not always necessary. Regardless of the situation, there are standards in the legal systems of most states and localities that dictate how long a person will be in jail before seeing a judge. People who are being held on federal charges actually have a law on their side stating when their arraignment must take place. There are circumstances when a person can get out of jail before seeing a judge, but people usually can’t take advantage of these legal nuances if they do not know of them.

When Can You See a Judge After Being Arrested?

There is no set federal law that tells states and localities when they must arraign a defendant, but most areas provide the accused with their first appearance in front of a judge between 48 and 72 hours after booking. This time frame will vary greatly depending on how busy a specific jail is and when a person was arrested. Many areas do not hold court on weekends or holidays, so if a person is arrested around either of these times, they may be held for a bit longer than usual.

If a person is arrested on federal charges, federal law requires they be given their initial arraignment within 48 hours of their arrest. This will also vary if a person is arrested on a weekend or holiday, but the time doesn’t exceed 72 hours. 

In both local and federal courts, a person is informed of the crime they are being charged with and expected to enter a plea. If a person enters a “guilty” or “nolo contendere” plea, then they may be sentenced immediately. If a “not guilty” plea is entered, then the judge will inform the defendant of the bail amount, if any, that they must post before leaving jail.

How Long Can You Be Held in Jail Before Seeing a Judge?

If a person makes bail, is granted “release on recognizance,” or is being held for extradition proceedings, then they can be detained before an arraignment. If the defendant has not been indicted within 48 hours of their arrest, they must be brought before a magistrate for an initial appearance. During this first appearance, the defendant will be informed of the charges against them and whether they can post a bond to be released while awaiting trial.

If a “not guilty” plea is entered, the judge may consider various release conditions depending on the circumstances. These might include an ankle monitor or house arrest. There are many factors that go into determining bail including, but not limited to: flight risk, criminal history, prior failures to appear in court on any charges (especially violent crime), and the nature of the charge.

How Long Does It Take for Bail To Be Set?

When you can see a judge and are given a specific bail amount, you can get out of jail as soon as you post that amount. 

It isn’t, however, always necessary for a person to wait in jail before seeing a judge. In most areas, certain crimes have a preset bail amount, known as a bail schedule, which can be posted before a person ever sees a judge. In these instances, the defendant can be released without ever seeing the inside of a courtroom.

Bail amounts – even preset ones – may seem excessive, but bail costs in America are high in general. If a person has the available funds to post their own bail, then they may do so. 

In most cases, however, a person will likely be better off if they contact a bail agent. These agents are usually able to get a person released from jail within hours of being contacted. If a person is able to use a bail agency, they may be out of jail before missing any work at all. Bail agents only charge a 10%fee of the bail amount, so they are much cheaper than if a person tried to post their own bail.

Going to jail is a stressful situation for anyone. It can affect a person’s job, family, and freedom. Seeing a judge for arraignment is the right of every person accused of a crime, but the time frame in which this occurs is usually in a gray area in local matters. A person who knows their rights is far more likely to get out of jail in a short amount of time. 

Many crimes carry with them set bail amounts; this means bail agents can have a person out of jail in a matter of hours. It is important that a person contact a bond agency as soon as they get their phone call after arrest to see if their charge has a set bond amount. If it does, then a person can continue attending to the responsibilities in their life without allowing their arrest to seriously affect them.

Get Professional Bail Bond Help Now.

Riverside, California Hosts Tamale Festival for Community

On Saturday, April 21st, 2018 Riverside, California hosted a tamale festival for the community in order to fundraise for the Trujillo Adobe. The festival took place this past weekend at White Park in California, during the 2nd weekend of another HUGE music festival, Coachella in Inland Empire. Although this event was not as big and as loud as Coachella Arts and Music Festival, it sure brought awareness to the community with the festival bringing large donations for the cause. Continue reading

Branch Office