The Bail Process

Once someone is arrested and brought into custody, *The Intake Process begins. The intake process involves collecting personal information, recording case details (including what they are being charged with, court information, etc.), and determining bail. Once the intake process is complete and the Bail Amount is set, they are updated in the system and cleared to be bailed out.

*The Intake Process: It is important to note that intake processing takes time for the Police Department to complete. Unfortunatly, we cannot post bond until this process is complete. Different Jails have different processing speeds. Usually, local jails take less time (around 30 minutes) because they have less people and central jails take more time (up to 12 hours) because they have more people. It relies solely on the deputies and their workload at the time of processing.

There are three options for an inmate once they are processed into the Jail, and cleared for Bail, they can either: (1) Post Bail, (2) hire a Bail Bond Company to Post Bond, or (3) Remain in Custody. Depending on the circumstance, any one of these three options may be the best fit your situation.

(1) Post Bail: Posting Bail entails coming up with the full Bail Amount in cash (most commonly around $50,000). Once the cash is put up with the court, you do not have access to it until the Case is finalized.

(2) Post Bond: If you find that you are unable to gather all the cash necessary to post Bail, the only other option for release is hiring a Bail Bond Company. Bail Bond Companies have the ability to post a Bail Bond (via a Power of Attorney) that holds them financially responsible for their client's return to court. Given the weight of the financial responsibility associated with the undertaking of a Bond, Bail Bond Companies require payment of a Bail Bond Premium (7-10% of the Bail Amount), and the collection of personal information in order to indemnify their liability. In some cases, Bail Bond Companies may also require a co-signer and/or collateral. This Bail Bond Premium is final and cannot be returned.

(3) Remain in Custody: Unfortunately for some, there is no other option besides remaining in Jail pending Arraignment. The dilemma with those who find themselves in this predicament is that generally, it looks much better to a judge if someone is released from Custody prior to their Arraignment. Also, if one is not able to be released from a local jail, they will be put through *The Transfer Process while they wait for their Arraignment Hearing, which takes much more time. For example, in Los Angeles, most local jails/local LAPD branches will transfer their inmates to Twin Towers Correctional Facility, otherwise known as LA County Jail.

*The Transfer Process: The transfer process, which also includes intake processing, takes much more time because inmates are being transferred from a smaller, local jail to a larger, centralized jail. When inmates are transferred, they are first processed out of the local jail, then transported to the central jail, and finally processed again into the new, central jail. Not only does the processing-out and transportation add to the amount of time elapsed, but the Intake Process itself, at central jails, takes much more time. The reason the intake process is so much longer at central jails (8-12 hours at LA County Jail) is because of the large number of inmates at these facilities. All inmates at local jails are eventually transferred to a central jail if they are not released from the local jail. Thus, More inmates + More information = Slower processing speeds.

During an Arraignment Hearing, charges are formally presented to the defendant, a plea (guilty, not guilty, or no contest) is entered, and the judge reviews bail or release conditions.

If Bail has already been set, and the defendant has already been released from Police Custody, there is a good chance that the Bail Amount and Conditions of Release/Bail will not change.

If Bail has not been set, or the defendant has not yet been released, there is still a chance that Bail may be set or changed (either raised, lowered, or denied) by a judge during one’s Arraignment (or subsequent Bail Hearing) depending on how the judge views your case.

Arraignment is crucial because it sets the tone for the trial. If you know that there is a chance you may have Bail placed on you during your arraignment, it may be worthwhile to consider Bail options for release prior to your Arraignment Hearing so that you don’t have to be transferred back to Jail.

Side note: if you have been released, Arraignment is even more crucial to attend because a failure to appear in court can result in your Bail or Bail Bond being forfeited, your Bond being surrendered, and a bench warrant issued for your arrest.

If the case does not resolve during Arraignment, you may have to attend following court appearaces such as pretrial conferences, preliminary hearings, or a trial. It is crucial that defendants return to court for all appearances. As mentioned, missing a court appearance can lead to one’s bond being surrendered, a warrant placed for their arrest, and potentially other serious legal consequences (placed by the judge). Once the case is finalized, the Bond is exonerated, and the relationship between the Bail Bond Company and their client is complete.