Not everyone has a clear idea about how bail works. Bail is not a free pass from prison but rather a way to prevent innocent victims from serving unnecessary jail time. When one is arrested, he is taken to jail, where he must wait until produced to the court. Many might not know about their constitutional rights when it comes to getting arrested. Police will frequently tell you about the right to stay silent, but they will hardly mention the legal right to counsel. Each defendant has a claim to fair representation. One must be presented in court for a bail hearing within 48 hours of the initial arrest. Continue reading this article to find out more about the bail process and the disadvantages of cash bail.

Cash Bail: Cash bail, also known as money bail, allows a defendant to walk out of jail after posting the collateral amount in cash. At the bail hearing, the judge decides a bail sum for the defendant. Several factors contribute to the decision-making process. The judge may consider the financial condition of the defendant as well as the severity of the alleged crime while setting the bail amount. In California, a bail amount is selected from a pre-determined bail schedule. After the judge sets the bail, the defendant may appeal to the court for lowering the amount. It is up to the judge’s discretion to consider reducing the price.

The Downside of Cash Bail: Most of the time, the Cash bail is set at a considerably high amount. One may not have such an amount save up to post as bail. Therefore, an innocent victim has to spend time in jail because of his weak financial status. The cash Bail system has long been viewed as discriminatory practice towards the poor community. In addition to this criticism, there are more limitations to cash bail than meets the eyes.

  • At the end of the trial, the sum posted as money bail is generally reimbursed. But if the judge thinks that the defendant has violated bail regulations, then the money is not refunded. Therefore, thousands of dollars are at stake every time one opts for cash bail, making it a risky investment.
  • When one is out on bail, he must prepare for his upcoming trial. Hiring a private lawyer takes money. If a defendant invests a large sum of money in obtaining bail, it becomes hard for him to arrange for an experienced lawyer to represent him in court.
  • Bringing a large sum to the court has its own risk. A person carrying the physical cash to jail may be subjected to target. Therefore, people do not prefer money bail, especially when there is a more secure alternative available.

The Alternatives: Not long ago, California introduced a new law that states that defendants cannot be held in jail just because he is unable to post a high bail amount. Instead, people can go for the bail bonds option to get a quick bail, in California, multiple bail services are working 24×7 to provide their clients with better support. For example, a defendant can reach out to Orange County bail bonds services and get bail at affordable pricing. In California, most bail services cost about 10% of the bail amount as a fee for their expert assistance.


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