When someone is arrested in Los Angeles County, they may be eligible for release from jail by posting bail.
Bail is a financial guarantee that the defendant will return to court for all scheduled hearings while their criminal case is pending.
California law allows most people accused of crimes to be released on reasonable bail unless the court determines that the defendant poses a serious danger to the public or is likely to flee.
In Los Angeles, judges rely on a county bail schedule that lists standard bail amounts for most felony and misdemeanor offenses.
Understanding how bail bonds work in Los Angeles can help defendants and their families make informed decisions after an arrest.
Your best chance for a positive result is to work with an experienced California criminal defense attorney at the Hedding Law Firm. To arrange a consultation, call (866) 986-2092 or use the contact form here.
What Is Bail in California?
Bail is money or a bond posted with the court to secure a defendant's temporary release from custody. The purpose of bail is not to punish the defendant but to ensure the defendant returns to court.
Once bail is posted, the defendant can usually be released while the case moves through the criminal justice system.
If the defendant appears at all court hearings, the bail is returned at the end of the case, regardless of the outcome.
The Los Angeles Bail Schedule
Los Angeles County uses a standardized bail schedule that assigns bail amounts based on the alleged offense.
The bail schedule includes:
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a misdemeanor bail schedule
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a felony bail schedule
More serious crimes typically carry higher bail amounts because courts consider them greater risks to public safety.
Although the bail schedule provides a guideline, judges may increase or decrease bail depending on the circumstances of the case.
Factors Judges Consider When Setting Bail
When determining bail, judges consider several factors beyond the bail schedule.
These factors often include:
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the seriousness of the alleged crime
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the defendant's criminal history
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prior failures to appear in court
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the potential risk to public safety
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the defendant's ties to the community
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employment and family connections
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whether the defendant is considered a flight risk
Courts also review whether the defendant may commit additional crimes if released.
Types of Bail in Los Angeles
There are several ways a defendant may be released after bail is set.
Cash Bail
Cash bail involves paying the full bail amount directly to the court. If the defendant attends all court hearings, the money is returned after the case concludes.
Bail Bonds
Many defendants cannot afford to pay the full bail amount. In those situations, they may obtain a bail bond through a licensed bail bond company.
A bail bond typically requires paying about 10 percent of the bail amount to the bond company. The company then posts the full bail amount to the court.
The fee paid to the bond company is non-refundable, even if the defendant appears at all court hearings.
Release on Own Recognizance (OR Release)
In some cases, a judge may release the defendant without requiring bail. This is known as release on own recognizance, meaning the defendant promises to appear in court.
OR release is more common in misdemeanor cases or when the defendant has strong ties to the community.
Penal Code 1275 Holds and Bail Bonds
In certain cases, prosecutors may request a 1275 hold under California Penal Code 1275.
A 1275 hold prevents a defendant from being released on bail until the court determines that the bail money comes from a legitimate source.
This rule prevents individuals from posting bail using money obtained through criminal activity.
How a 1275 Hold Is Removed
There are two ways to resolve a 1275 hold.
First, the defense may show the prosecutor that the bail money comes from a legitimate source. If the prosecutor agrees, the judge may lift the hold.
Second, if the prosecutor objects, the defense can request a 1275 bail hearing.
During the hearing, the defense may present evidence or witnesses showing that the bail funds are lawful. The judge will then decide whether to lift the hold.
If the hold is removed, the defendant can post bail and be released.
What Happens If Bail Is Skipped?
If a defendant fails to appear in court after being released on bail, the court may issue a bench warrant for their arrest.
When bail is posted through a bail bond company, the company becomes financially responsible for the full bail amount.
To avoid losing that money, bail bond companies may hire recovery agents, commonly called bounty hunters, to locate and return the defendant to custody.
Bond companies usually have a limited period of time to locate the defendant before the bail amount must be paid to the court.
Can Bail Be Reduced?
In some situations, a defense attorney may request a bail reduction hearing.
The court may reduce bail if the defense can show:
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changed circumstances since bail was set
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the bail amount is excessive
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the defendant is not a flight risk
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the defendant does not pose a danger to the community
A bail reduction can significantly lower the cost of securing release.
Related Criminal Procedures
Several legal procedures are closely connected to bail in California criminal cases.
Arraignment
An arraignment is the first court appearance where the defendant is informed of the charges and bail may be reviewed.
Bail Hearings
A bail hearing allows the judge to reconsider or modify bail based on additional information.
Bench Warrants
A bench warrant may be issued if a defendant fails to appear in court after being released on bail.
Pretrial Release Conditions
Even after bail is posted, the court may impose conditions such as travel restrictions, stay-away orders, or electronic monitoring.
Frequently Asked Questions
How long does it take to get released on bail in Los Angeles?
Release times vary by jail facility and processing times. In many cases, a defendant may be released within several hours after bail is posted.
Can bail be denied in California?
Yes. Bail may be denied for certain serious offenses if the court determines that releasing the defendant would pose a significant danger to public safety.
What happens if someone cannot afford bail?
If a defendant cannot afford bail, they may request release on their own recognizance or seek assistance from a bail bond company.
Do you get bail money back?
Cash bail paid directly to the court is returned after the case ends if the defendant attends all court hearings. Bail bond fees paid to a bond company are not refunded.
What happens if someone misses court after posting bail?
If a defendant fails to appear, the court may issue a bench warrant and the bail bond company may attempt to locate the defendant to avoid paying the bail amount.
Why Legal Representation Matters in Bail Proceedings
Decisions about bail can affect how a criminal case unfolds. Being released from custody allows a defendant to work with their attorney, gather evidence, and prepare a defense.
An experienced criminal defense attorney can advocate for lower bail, argue for release on recognizance, and protect the defendant's rights throughout the process.
The Hedding Law Firm is here to assist. Schedule your consultation today. Our law firm is located in Los Angeles, CA.
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