How Is Bail Determined In Los Angeles County?
In Los Angeles County, the determination of bail is based in part upon a bail schedule that has been created by Los Angeles County judges. This schedule contains a list of every crime along with its corresponding bail amount. During the booking process, the police will determine what they think the bail should be based upon the crime they are charging.
The bail amount set by the police could be increased or decreased by the prosecutors once they review the case. When dealing with a particularly dangerous defendant, prosecutors may seek a bail deviation, which is a request for a high amount of bail.
Ultimately, bail determinations are based on the bail schedule, the defendant's level of dangerousness to the community, and whether the defendant is deemed a flight risk.
In misdemeanor cases, citations to appear in court are usually served in lieu of bail being set. If someone charged with a misdemeanor does not sign the citation and promise to appear in court, the police could arrest them, at which point bail may be set.
It should be noted there is a chance to have bail lowered due to a change in circumstance.
Can I Be Released On My Recognizance?
In LA County, it is possible to be released on one's own recognizance, which means that one can be released based on the promise to appear in court.
In some cases, bail may initially be set very high, and a judge may later decide to release the defendant on their recognizance. Such a decision would be based on several factors, primarily the defendant's criminal record and whether or not the crime for which they've been arrested involved injury to another person.
If the crime were not violent, then the primary consideration would be whether the person is a flight risk or a danger to the community. Suppose a defendant's lawyer can effectively argue that they are neither a flight risk nor a danger to the community. In that case, there is a chance the defendant will be released on their recognizance without having to pay bail.
Can I Get Out The Same Day Or Night?
You do have options for paying the bail amount. If someone is able to have a bail bondsman or family member post their bail, then they could be released from jail an hour or two after being booked, depending on the busyness of the jail on the day or night in question.
Technical issues with jail computer systems can delay verifying that no warrants exist, which can delay the release. In most cases, however, an individual can be released relatively quickly. If an individual is unable to bail out, they will typically be released after waiting one or two days for a court date.
If the arrest occurs on a weekend or holiday, there will likely be more people in custody and, therefore, longer processing times.
