If your loved one is facing jail time in Riverside, you may feel hopeless and confused. Fortunately, however, your loved one may be able to await trial from the comfort of home rather than a jail cell. Although the legal system is complex, a skilled attorney can help you navigate the process. Below, our experienced criminal defense attorneys explain how bail works and how you may be able to get your loved one out of jail.
How Does Bail Work?
When a person is charged with a crime and taken into custody, he or she will be given the opportunity to post bail. Bail must be posted in the form of money or property in order for the person to be released from jail before the trial begins. If the person fails to appear in court for trial, the bail money or property can be forfeited. The amount of bail is based on many factors including the seriousness of the alleged offense, the defendant’s criminal history, and the defendant’s flight risk. In general, the more serious the offense or the bigger the flight risk, the higher the bail will be set at.
What If I Can’t Afford Bail?
Once the judge has set a bail amount, you may not be able to pay the entire bail amount on your own. In this case, you can seek help from a bail bond agency in the form of a bail bond. A bail bond agency posts bail on behalf of the defendant, as a guarantee to the court that the defendant will appear at all court dates. To post a bail bond, the defendant is usually required to pay 10% of the bail amount to the bail bond agency. The agency will then secure the rest of the bail amount in the form of collateral such as a house, stocks, or property. If the defendant appears for court as required, the collateral is returned and the agency keeps the 10% as payment. If the defendant fails to appear for court, the bail bond is forfeited and the agency will use the defendant’s collateral to pay the remaining amount.
What If the Judge Denies Bail?
In most cases, the judge will set a bail that is reasonable for the alleged crime. However, there are some instances where a judge may deny bail, including:
- If the crime is punishable by death or a life sentence
- If the defendant poses a grave danger to the alleged victim or public
- If the defendant is a flight risk
- If the defendant has previously violated bail
If the judge refuses to set bail, the defendant must stay in jail while awaiting trial. Often, this can be a long period of time and can deter one from being able to support family and spend time with loved ones. As such, it is important that you hire a skilled attorney who can speak to the judge on the defendant’s behalf and convince him to grant bail.
Contact Wallin & Klarich Today
If you are trying to get a loved one out of jail, contact Wallin & Klarich today to see how we can help. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients get out on bail so that they do not have to await trial from jail. Additionally, we will guide you through the entire legal process and come up with the most effective defenses to clear your name and avoid harsh penalties.
With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you.
Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.