Bailing Someone Out of Jail vs. Retaining a Criminal Lawyer
Bail refers to funds deposited by a defendant or another person primarily designed to ensure they will attend all future court appearances. Bail can be posted with cash or in the form of a bond secured by a bail bondsman.
Bail is not required in all criminal offenses; rather, it normally depends on the severity of the crime. The amount of bail could be a set amount that a judge has the discretion to raise or lower.
The decision is typically based on the defendant's prior criminal record and the circumstances of the case.
Many defendants who are arrested for a misdemeanor or felony crime have little or no experience dealing with the Los Angeles criminal justice system.
Being detained in jail after an arrest is a stressful event for most people and their families. While some defendants can post bail and get released from jail while their case is pending, most can't afford it.
For first-time defendants, the bail process can be a daunting mystery. However, understanding this process and the crucial role of an attorney can bring a sense of relief and confidence.
Most people know that under our legal system, defendants are presumed innocent until they are proven guilty.
However, there is a valid concern that criminal defendants released from custody while their case is pending will attempt to flee the area to avoid prosecution. To prevent this, the courts rely on the bail system.
Put simply, bail is money that has to be posted with the court so a defendant can be released from jail while their case is pending. After the case is resolved, the bail money is returned.
Please know that on October 1, 2019, California's bail system drastically changed after the passage of Senate Bill 10. In short, SB-10 provides for the elimination of cash bail to be replaced with a system of judicial discretion for felony cases and no bail required for misdemeanors.
How Does a Judge Set Bail?
Every county in California has a local bail schedule for certain types of crimes. Thus, after you are arrested, your family can view the bail schedule themselves or ask a bail bondsman to determine the bail amount.
If you are arrested for a misdemeanor offense, such as DUI with no accident or injuries, you will normally be released with no bail after getting booked at the jail.
If your crime is included on the bail schedule, the jail will normally require that amount be paid or a bond posted. The arresting officer could request your bail be at an amount more than the bail schedule indicates.
The judge will either continue the bail or modify it at your arraignment, which is the first court appearance after arrest. Your criminal defense attorney could request a hearing on your bail within two days after your arraignment to challenge it.
After the bail hearing, the court can leave the bail amount as is, increase it, decrease it, or release you on your recognizance (OR).
Here are the bail schedules for Los Angeles County:
What is More Important in a Criminal Case: Bailing Someone Out or Hiring an Attorney?
Believe it or not, this question comes up all the time, and it's a valid question because usually, what happens is that a person gets arrested and wants to get out immediately, and the person who's typically in custody and wants to get out really doesn't care about anything else except getting out.
They don't even know or realize that an attorney is crucial because getting out is temporary, while getting an experienced criminal defense attorney is essential and will help you resolve your case.
That's what you have to realize. Sometimes, if you're on the outside and one of your loved ones is on the inside, you've got to take the bull by the horns and realize what's best for that person.
If you bail them out and then they go back to what got them in trouble in the first place and don't have an attorney by their side who can help them with their criminal case, then it really doesn't do you much good.
So, the answer to the question is very simple: hire the attorney first. You can even take it a step further because the attorney has the ability to get your loved one out of custody.
The attorney can argue for an OR release or for a lower bail. The attorney can also tell you whether bailing your loved one out makes sense.
When Should You Not Bail Someone Out of Jail?
A lot of people might ask why we wouldn't bail the person out. Here are a couple of reasons:
- Sometimes, they have a very bad criminal record;
- Sometimes, they definitely look at jail or even prison time.
So, why would you waste the money to bail them out only to have them go back in again?
Or, they won't want to go back in again, and they're going to make foolish decisions while they're on the outside, only to cause them to get a much harsher sentence.
These are the types of decisions that can be overwhelming. That's why it's crucial to seek the guidance of an experienced criminal defense attorney. Their advice can provide the support and reassurance you need during this challenging time.
Contact the Hedding Law Firm for Help with Bail Issues
If you're on the outside and your loved one is on the inside, and you're looking to decide on your best move, I suggest you pick up the phone.
Call my office. Ask for a meeting with me. If you're serious about hiring one of the best criminal defense attorneys in LA County, you've come to the right place.
Early in my career, I worked for the District Attorney's office; then, I worked for a Superior Court Judge because I wanted to get complete knowledge on handling a criminal case.
Finally, in 1994, I put up my shingle and I've been a criminal defense attorney ever since, so I know what it takes to be successful, such as:
- I know what it takes to win a case;
- I know what it takes to negotiate a case;
- I know when you should bail your loved one out versus hiring an attorney.
Sometimes, people have the luxury of bailing the person out and hiring an attorney, which I certainly understand. Depending on the circumstances of the case, I may advise you to bail the person out.
So, pick up the phone now. Ask for a meeting with Ron Hedding. I stand ready to help you. Hedding Law Firm is located in Los Angeles County, and we offer a free case evaluation by calling (213) 542-0979.
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