Ventura County Inmate Bail & Release Information
If your loved one is in jail in Ventura County, of course you want to get him or her released as quickly as possible. But posting bail immediately may or may not be the wisest option. In the article below, our Ventura County criminal defense attorneys will discuss the process and your options:
The Ventura County Arrest & Booking Process
Waiting for the Inmate to Go to Court
Bail Procedures in Ventura DUI Cases
The Ventura County Arrest & Booking Process
The Sheriffs Department, CHP, Ventura Police, Oxnard Police and Simi Valley Police conduct most of the arrests in Ventura County. The arrestee is generally taken to a local police station for booking (fingerprints, identification and photographs). After that, the arrestee is held at the police station or taken to the Ventura County Jail to await arraignment in court.
If the person is arrested in Ventura County for a minor offense such as DUI or petty theft, the authorities will generally release him if he signs a promise to appear in court at a future date. In other words, the arrestee doesn't have to post bail.
With more serious offenses, the person is held in custody until he posts bail or goes to court. A person held in custody has a right to go before a judge within two court days (not counting weekends and court holidays) of the arrest. At this first court date, called the "arraignment", the judge advises the defendant of the charges, a plea of guilty or not guilty is entered, a future court date is set, and the judge determines bail.
Posting Bail Immediately in a Ventura Criminal Case
Once the person is booked, if he is not released with a promise to appear in court, bail will be set according to the Ventura County Bail Schedule. At this point, anyone may bail out the inmate by posting the full amount or hiring a bail bondsman. If the inmate bails out before the first court date, the arraignment will generally be set out weeks or sometimes months away (if the accused is no longer in custody, he no longer a right to go before the judge within 2 court days).
Ventura County bail bondsman generally charge from 8 to 10 percent of the total bond as a fee for posting bail. Bonds agents may also ask for collateral (such as the deed to your house) as added insurance that the defendant shows up for court and doesn't skip bail.
Example: Tom gets arrested on Friday by the Ventura Police for Penal Code 211 Robbery. After booking, Tom is held in custody and bail gets set at $50,000. Because Tom is held in custody and has a right to go before the judge in within 2 court days, the Ventura D.A. prepares to arraign him in court no later than Tuesday.
However, Tom's mother Liz hires a Ventura Bail Agent. Liz pays the bail bondsman $5000 (10% of the bond) and also provides the deed to her house as collateral. The bondsman bails Tom out of the Ventura County Jail Saturday morning. Because Tom no longer has to be brought before the judge within 2 court days, his arraignment gets set out for a date three months later.
Waiting for the Inmate to Go to Court
If the Ventura County inmate does not bail out immediately, he will go to court within 2 court days. In court, the judge can either keep the original bail amount, raise or lower bail, or release the defendant on his own recognacense (an "OR Release"). An OR release is where the court doesn't charge the defendant bail, but releases him just on a promise to return for future court dates.
If the inmate has a Ventura County criminal defense lawyer, the lawyer can present evidence and arguments to the judge as to why bail should be lowered or an OR release should be granted. Specifically, the lawyer will argue why the client is (1) trustworthy to show up for future court dates, and (2) not a danger to the community. Ventura criminal attorney Darrell York has been successful in many cases in getting bail substantially reduced.
If the judge does lower bail or release the person OR, this could save the family thousands of dollars in bail bondsman fees. Therefore it's usually a good idea to consult with a Ventura criminal defense attorney as soon after the arrest as possible. The attorney can advise you as to the likelihood of a bail reduction or "OR"...and therefore whether it's wiser to bail the person out immediately, or wait to go before the judge.
Bail Procedures in Ventura DUI Cases
Most people arrested for simple misdemeanor DUI in Ventura County get released directly from the police station or Ventura County Jail within 24 hours. No bail is necessary. They can consult with a Ventura DUI lawyer after release.
But someone arrested for DUI causing injury or a more serious drunk driving offense may be held in custody until bail is posted. In this situation, speak to a Ventura DUI lawyer right away. Depending on the facts, it may be advisable to post bail immediately...or to wait and go before the judge and seek an OR release.
