People don’t generally anticipate getting arrested. However, if you find yourself arrested and in jail, you should know the steps you need to take to get out of jail as quickly as possible There are generally two ways in which you can be released from jail after being arrested for a crime in California: 1) on your own recognizance, and 2) by posting bail. Both scenarios are explained below.
On Your Own Recognizance Release
If the court allows you to be released from jail on your own recognizance after an arrest, it means that you are free to get out of jail without any financial obligations, as long as you promise to attend all future court appearances. This type of release is basically a promise that you will attend all of your court obligations.
In most cases, the California Justice System will only allow you to get out of jail after an arrest if you post bail with the court. The main purpose of posting bail is also to make sure that you appear for your court appearances. During your arraignment, which must be done within 48 hours of your arrest, the judge determines whether to continue the bail or to modify the amount.
Factors a Judge Will Consider When Setting Bail
Bail is typically posted through a cash bail or a bail bond. While setting the bail, the court will mostly look at the details surrounding your case and determine whether your actions were based on malicious intentions or not. The judge will also want to know if you are a repeat offender and look at your criminal record extensively. Another major factor the court will consider is your flight risk.
Determining Bail Amount
Bail is set based on the severity of the offense and is not imposed on just every other offense. If the alleged crime you are accused of is relatively minor, such as a DUI with no bodily injuries, it is common for the court to allow release from jail on your own recognizance.
If the minor criminal offense involves a bodily injury, the entire procedure of the arrest and the determination of bail amount is followed as per the law.
Call an Experienced Central Valley Criminal Defense Attorney
If you or someone you know has been charged with a crime in the Central Valley and is seeking an expungement of your conviction record, it is in your best interest to immediately consult with an experienced criminal defense attorney to help you learn your legal rights and options.
For more information or to schedule a complimentary consultation with Central Valley criminal defense attorney Gurjit Srai, please call (209) 323-5558 or complete our online form.