Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Laws » What is California Bail Law?
2021 Update for California: People can no longer be incarcerated solely because they cannot afford bail. Clear and convincing evidence is required to show that detention is necessary to protect public safety. See In Re. Kenneth Humphrey on Habeas Corpus, (March 25, 2021).
2020 Update for Los Angeles County: Except in serious or violent felony cases, most arrestees will be released without having to pay bail. Learn more in our California bail article.
California Penal Code 1276 regulates bail bond in the state of California. Most people who get arrested and charged with a crime will opt for posting bail through a bail bond since they may not have enough cash on hand to post cash bail.
A bail bond is a contract between the accused and a bail bond agent. Under this contract, you promise to appear in court when ordered and the agent promises to post bail for you. You have to pay the agent a specified premium, which is typically 10 percent of the bail amount the court has set. This premium is not refundable, but can be reduced to 8 percent of the bail amount if an attorney refers the accused to the agent.
If you fail to appear in court, the bail bond agent forfeits the bail money. Therefore, these agents will have a very strong incentive to monitor you and make sure you appear. If you fail to do so, it will be up to the agent to find you. In order for the bail bond agency to post bail on your behalf, an agent will typically require some sort of collateral to be posted. This can be a house, car, or anything of value you own. If you fail to appear in court, this collateral will be used to cover the forfeiture of the bail amount.
When the bond is forfeited and the period of time in PC 1305 has elapsed, the court in question enters a summary judgment and the district attorney or county counsel must demand immediate payment within 30 days after the summary judgment becomes final. The clerk of the court must serve notice of the entry of judgment within five days of the date of the judgment. The court can extend the time period not to exceed 180 days from its order or permit tolling.
The California Penal Code establishes a number of conditions under which the forfeiture is set aside:
A California criminal defense attorney not only can help reduce the percentage you need to pay for your bail bond premium, but also work in defense of your legal rights. Contact us if you need a criminal representation.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
People who apply for a California driver’s license or renewal must meet certain minimum vision requirements. Initially, the California Department of Motor Vehicles will test to see if a driver can meet its “visual acuity” screening standard. The DMV’s vision screening standard is: 20/40 or better with both eyes tested together, and 20/40 or better in ...
If you’re convicted in California of selling or furnishing alcohol to a minor, it’s a misdemeanor. The punishment includes up to six months in jail. And moreover, if you’re an establishment that sells alcohol, then you could lose your liquor license and face other penalties from the alcohol board of control. Here at Shouse Law Group, ...
Robbery and burglary are related but different crimes. Robbery occurs when a person takes someone else’s property by force or fear. Burglary is entering a structure with the intent to steal or to commit another crime inside of the structure. Robbery, then, involves the actual taking of a person’s property and the use of force ...
Updated June 9, 2021 Yes. Physically handling any electronic device while driving is against Nevada law. It does not matter if the driver is not talking on the phone nor texting nor surfing the internet. Touching the phone for any purpose including to use the navigation system is illegal. Therefore, Nevada drivers who wish to ...