Most everyone has heard of bail and most people have a basic idea of what it is. That said, until a person needs it, they often don’t know exactly how it works, how to get it, and what the specifications are. The purpose of bail is simple: To prevent a person accused of a crime from fleeing after they’ve been arrested. The idea is that if they’ve put up a large sum of money, they’re not going to walk away from it.

The more serious the charge is, the higher the bail is likely to be. This is because the courts believe that a person charged with murder has a bigger incentive to flee compared to someone charged with a lesser offense like domestic violence. As a result, the courts want there to be more incentive for the accused to stay. Read on to learn more about the ins and outs of bail and then reach out to Law Office of Michael L. Fell at (949) 585-9055 with additional questions or to set up a legal consultation.

Some people feel the bail structure discriminates

There have been some moves to change the way bail moves, primarily because some say that the way it’s structured discriminates against poor people. While it’s true that the amount of the bail is based on the severity of the crime – not how much money the defendant has – it’s not a stretch to understand that a person without financial means would have a much more difficult time affording bail compared to a person who is wealthy.

What to do if you need to make bail

First and foremost, reach out to an Orange County criminal defense attorney. Depending on your case, we may be able to get the bail amount lowered, or perhaps we can get you released on your own recognizance. Essentially, that involves you promising in writing that you will show up for court if you’re released.

This is an option if the offense isn’t very serious and if you can prove you have ties to the community that would keep you here. For example, if you own a business, have a job you would be unlikely to leave, or are the caregiver for a family. Your attorney will do their best to get you released on your own recognizance or at least get the bail reduced to a manageable amount.

How to post bail

In the event that you need to pay bail, you’ll either pay the full amount to the court or a percentage of the full amount to a bail bondsman. In the event you pay the full amount to the courts, you’ll get the full amount returned when your case is over, regardless of the outcome of said case. If you work with a bail bondsman, then the amount you’ve paid them is their fee for putting up the rest of the money and you will not get it returned.