In California, a California judge will set “bail” which is the amount of money a court wants posted as security for your future appearances. You can be arrested if a California police officer has a reasonable belief that you participated in a crime. You can also be arrested if a warrant has been issued for your arrest by a California judge. Under either circumstance you should carefully consider what you say and do from this moment on.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that handles California arrests associated with domestic violence. Due to the fact that we primarily represent clients with family law matters, we are able to provide our Sacramento, California clients and clients in Northern California with services they need and deserve when addressing a California domestic violence charge. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Call now 916-443-1267 for your free consultation.
California Domestic Violence Bail
California domestic violence bail is addressed once there is an arrest for domestic violence, domestic assault, or domestic battery. In order for a person to be released from jail on bail, it will be necessary to either secure the services of a bail bond agent or pay the full amount of bail with cash or a cash equivalent such as a cashier’s check.
Bail bond companies charge a fee of 10% of the bond that is not refundable. Alternately you can post a cash bail that is fully refundable, a month or so after the disposition of the criminal case.
Own Recognizance Release
If a person is not bailed out of custody, they will be taken to court to be Arraigned within two court days of their arrest for domestic violence. Arraignment can be delayed if the domestic violence arrest takes place on a weekend or holiday. At the Arraignment, the issue of pretrial release will be discussed. Prosecutors typically oppose a defendant’s pretrial release from custody or seek high bail or conditions even when the incident the defendant is charged with happened months or more before their arrest and the defendant has been out of custody without their being any other incidents between the accused and the accuser. Prosecutors frequently argue that the accused should stay in jail because they might attack, stalk, or kill their victim. Judges often refuse to release a defendant pending trial because they are concerned that the accused and the complainant will have future incidents.
Supervised Own Recognizance Release
Supervised Own Recognizance release is often imposed as a condition of pretrial release in domestic violence cases where the court has concerns about the possibility of future domestic violence incidents between the parties.
The police usually book the people they arrest on the most serious charges in domestic violence cases. This usually means a felony arrest on the accused’s record. Statutory felony bail is much higher than misdemeanor bail.
Judges will usually only release a person accused of domestic violence on the condition that they attend a batterer’s intervention program during the pendency of the domestic violence case. Oftentimes judges will impose a substance abuse program, anger management classes, or parenting classes. Defendants are monitored by the probation department, and come to court for progress reports while their case is pending.
Forfeiture of Bail
Should you fail to appear, your bail will be forfeited and the court will issue a warrant for your arrest.
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