FAQ
What is Bail?
In certain situations and with minor offenses, a person will be arrested, booked and processed, then released on his or her own recognizance. With more serious offenses, the court will set a bail amount. This is to assure that the person arrested will make all their court appearances and any other release conditions the court requires. In a few situations, usually involving more serious offenses or under certain circumstances, the court is allowed to set “no bail,” which means the person arrested cannot bail out.
There are three ways to post bail.
Cash bail is when you post the entire amount of the bail. Once the entire case is completed and you’ve haven’t missed any required court appearances, you will receive the entire bail amount back.
A second, more common option is to use a bail bonds company. They will charge you a premium or a percentage of the total bail amount, and the company will guarantee the rest of the amount. However, once the case is complete, you do not get your premium back. If you have an attorney, most bail bonds company will charge you a lower premium of 8% instead of the standard of 10%.
A third option, rarely used, is a property bond, which allows the court to place a lien on your property.
If you are confused about the bail process and need assistance, please call. I am here to help you.
What Is The Difference Between A Felony And A Misdemeanor?
If you are charged with a misdemeanor, the maximum punishment is 364 days in the county jail. If probation is a term of a misdemeanor conviction, it usually be informal probation. This means, you will not be assigned a formal probation officer. You will be left alone to monitor yourself over the term of the probation to follow all the terms of your probation conditions.
If you are charged with a felony, the maximum punishment will depend on the crime or penal code section you are charged with. But with a felony, you can be punished with prison time. Felonies usually involve more serious crimes and conduct or maybe charged when the person has a “rap sheet” meaning prior convictions. If probation is a term of a felony conviction, it usually involves being assigned a formal probation officer. You will be required to regularly check in with your probation officer and comply by the terms of your probation conditions. You may also be subject to random house visits and searches should your probation officer choose to do so.
With a felony case, the court process also has more stages involving what is called a preliminary hearing.
What Is An Arraignment?
The first court appearance will be an arraignment. During the arraignment, you or your attorney will be informed of what you are being charged with and will be given the opportunity to plea either guilty or not guilty. You or your attorney should also be able to obtain an initial police report at this time. If you are charged with a misdemeanor, in most cases, your lawyer should be able to go to court for you, without your presence. If you have a felony, your presence at the arraignment is required. You might also be addressing the issue of bail at this initial hearing. You lawyer should be able to advise you should there be a need to address the issue of bail.
What Is A Pre-Trial or Trial Readiness Conference?
Depending on what county your case is in, the next phase of the criminal proceeding (after the arraignment) will be called a pre-trial hearing or trial readiness conference. This phase can be short or long depending on the specific circumstances of your case and what you and your lawyer are trying to accomplish. It is not uncommon for multiple appearances at this phase where your case gets continued. During this phase, your lawyer can obtain additional discovery or evidence, beyond the initial police report obtained at the arraignment. If there are any motions that need to be litigated, such as Penal Code section 1538.5/suppression motions, motions to strike priors, Pitchess motion, it is usually during this phase. It’s also the time where your lawyer will be negotiating with the prosecutor to obtain a deal or plea agreement. If you and your lawyer obtain a favorable outcome and you have decided you want to resolve your case, this is the stage where most cases resolve.
What is A Jury Trial?
If your case was not resolved at the pre-trial or trial readiness conference phase, you and your lawyer have decided to move forward with a jury trial. This is the time where you be entitled to have a trial in front of a jury of 12 people and they will ultimately decide in your guilt or innocence. Well before this stage of the proceeding, you and your lawyer should have thoroughly discussed all your options, the strength and weaknesses of your case, the time and costs associated with your trial, and the likely outcome based on the facts and evidence of your case.
What Is A Preliminary Hearing? (For Felonies Only)
With a felony case, there are additional stages between the arraignment and jury trial. After the arraignment and pre-trial phase on the complaint, if your case does not resolve, the next hearing is the “prelim.” Because the case is more serious than a misdemeanor, at the preliminary hearing, the prosecution must prove there is enough evidence to hold you to answer to the charges filed against you. It is essentially a probably cause hearing. In this hearing, a judge will hear evidence and decide if “more likely than not” you are the person who committed the crime or crimes that are charged against you. If the judge decides there was enough evidence presented against you, you will be “held to answer” to the charges and your case will move to an arraignment again on only the charges you were “held to answer” to. After the arraignment on the information (no longer called the complaint), you will continue with the pre-trial phase and so on until your case either resolves with a plea agreement or jury trial.
