The option to post bail is not up to the defendant, the defendant’s family and friends, or the arresting police; it is up to the judge. Since the judge is never actively present at the time of the actual arrest, the defendant will not immediately know if he or she has been afforded the opportunity to post bail, and if so, how much. They must wait a short period of time before they can appear before the judge in what is called an arraignment hearing. This is when they are formally charged, as well.
In extreme cases, the judge may deny the defendant the right to post bail. However, in most cases where bail is allowed, then the defendant has a few options to this.
- Cash bail – Paying the full bail amount in cash directly to court. If they oblige to all release terms and conditions, including showing up for court, the money is refunded at the end.
- Bail bond – Paying a licensed bail agent 10% of the full bail amount. The bail agent will then issue a bail bond, covering the remaining amount on his or her own end with extra insurance and collateral. The defendant must oblige to all release terms and conditions, or the bail bond will be terminated, they will be taken back into custody, and will lose all collateral. The 10% is not refundable, no matter the outcome.
- Own recognizance – No payment is required. The defendant only signs a promise to oblige to all release terms and conditions. The judge will be the one to determine the defendant’s eligibility for own recognizance release.
You can talk more about bail bonds with Santa Ana Bail Bonds. We offer bail bonds with customizable payment plans. Do not at all feel embarrassed or ashamed of your situation, we are 100% confidential, understanding, friendly, and helpful.