Bail Issues: How Much is Bail? Should I Bail Out? How Much Do Bailbondsmen Charge?

Issues surrounding bail can be very confusing especially for someone not familiar with the criminal justice system. When an individaul is arrested bail is often set at an amount consistent with the county’s bail schedule. Most counties have a bail schedule that indicates the standard bail amount for arrests of most every crime. These bail schedules can often be found on the county’s court website such as Sacramento’s (www.saccourt.ca.gov). However, bail is sometimes set at amounts above or below the county bail schedule for the crime or crimes involved. Those arrested for low level misdemeanors may be released without bail being set based on the arrestee’s promise to appear in court. For example, in Sacramento a person arrested for a first time DUI is often released after being held in jail for about 8 – 10 hours presumably to sober up.

Once a person is arrested and bail is set, there are two options. The person can make bail or choose to wait 2 court days (weekends do not count as court days) wherein they come before a judge and can ask for a reduction of bail or a release on their own recognizance (“O/R”). If you choose the immediate bail option, you either have to come up with the bail money in full or pay a bondsmen 8 to 10 percent of the bail amount as their fee to put up the bond. If you pay the bail in full yourself, you will get all of the bail money back at the conclusion of your case assuming the arrestee shows up for all court appearances. However, if you go through a bondsmen, the 8 to 10 percent you pay him or her goes to the bondsmen and will never be returned.

There are several important reasons to hire an attorney as soon as you or a loved one are arrested. First, the criminal attorney can advise as to whether the bail set is reasonable given the county bail schedule. If the bail seems excessively high, the attorney can appear in court with the arrestee within 2 court days of the arrest and argue that bail be reduced or that the arrestee get an “O/R.” This could save you thousands of dollars. Secondly, many bondsmen will reduce their standard bail fee of 10% down to 8% if the arrestee has engaged the services of a private attorney. Bail agents view people with private attorneys as lower level risks to skip out while on bail thus the fee reduction.

The period immediately after a loved one is arrested is extremely stressful for all involved. As such, it is important that during that time period you consult with an experienced criminal defense attorney like Jonathan Turner.