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Everything You Need to Know About Bail and Release in California

bail and release in California

Facing any criminal charge can be a stressful and unnerving experience. However, when it comes to bail and release, those accused of a crime has statutory and Constitutional rights. Furthermore, a lawyer should be used to advise the accused in addition to friends and family on the best course of action regarding bail. In general, there are four ways to be released on bail pending trial in both state and federal cases.

While you should always consult your lawyer, consider factors like cost, the timeline, and restrictions. While it is in your best interest to always follow legal counsel, the following are fairly common in California cases. One key takeaway here is the following apply to state cases. It is the best practice to obtain legal counsel for any federal cases.

1. Bail Bonds

To post bail with a bond in California, it is typical to contact a bail bond agent. You will be responsible for paying a premium to the bond agent. You will also pay a security fee to the bail bond agent that is typically the total amount of the bail. The court, if necessary, will then set any restrictions or holds with the release. It is important to always pay attention to these restrictions as they are an integral part of adhering to the terms.

Pending the receipt of funds, the individual will then be released from jail. In order for the bond funds to be discharged at the end of the case, ensure that you meet all mandated court dates and appearances. Failure to do so could result in the forfeiture of these funds.

2. Cash Bail

Another option is for the arrested party, or friends and family, to post bail directly with the jail. Some jurisdictions also permit the use of credit cards. However, always make sure to do your research as it is not a universal practice. As with bonds, the amount will be returned to you at the end of your case. If you fail to appear in court or violate the terms of your release, you will forfeit the entirety of your bail to the state. While we encourage you to always heed the advice of legal counsel, read and understand all terms and restrictions associated with your case.

3. Property

If bail cannot be posted through bail bonds or cash, there is also real property instead. According to the Superior Court of California in Santa Clara County, this is defined as “pledging the value of real property to the court to guarantee the defendant will appear in court”. You will be required to provide proof of ownership of the aforementioned land through the procural of the land title. This is the most time consuming of the bail options and is typically reserved for cases with a higher set bail. If you choose to move forward with property, you may spend a few days in jail pending the court’s approval.

4. Federal Cases

In federal cases, it is paramount to heed all legal counsel provided by your lawyer. Also, federal charges are not the same as state charges. Therefore, you may have different restrictions or options.

Conclusion

While dealing with arrest is stressful, it is important to remember that you always have options for bail and release. This article was presented by Avvo’s “Bail and Release from Jail in California”. At Kersey Law, we are here to assist you with any legal matter and we urge you to contact us if you have any questions or concerns.

Picture of Meet Jamahl Kersey

Meet Jamahl Kersey

Jamahl Kersey is a distinguished criminal defense attorney and the principal attorney at Kersey Law, a boutique law firm in San Diego. With a focus on criminal defense, Jamahl has built a reputation for his unwavering dedication to protecting his clients' rights and securing favorable outcomes in complex cases. Known for his strategic approach and thorough understanding of the law, he has successfully defended clients against various charges, including sex crimes and other serious offenses.

Beyond his legal practice, Jamahl is committed to supporting his community and providing educational resources to help individuals understand their legal rights. He regularly engages in discussions about criminal justice reform and is passionate about empowering young people to navigate potential legal challenges. Jamahl's dedication to his clients and community has established him as a trusted advocate and leader in the San Diego legal community.

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    Kersey Law has defended nearly every type of criminal accusation, from misdemeanors to capital offenses. Whether you’re facing charges like Sexual Assault, DWI, or even Aggravated Assault with a Deadly Weapon, our team has the experience and expertise to handle the most complex, high-stakes cases. We’ve built a proven track record of success in defending clients whose futures depend on the outcome. Trust us to use every tool at our disposal to fight for you.

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When everything is on the line, you need a legal team that will protect your future, fight tirelessly for the best outcome, and be by your side at every step.

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I am beyond grateful to Keysey Law Firm for everything they've done, not just for me but for my family as well. For over 25 years, I've carried a weight I thought I might never be free from. Thanks to Mr. Kersey and his team that burden has finally been lifted. Even though I live in Texas and this case was in California their team made the entire process seamless. I was prepared to travel across the country is needed, but Mr. Kersey and his team handled everything remotely, with professionalism, care and incredible efficiency. Their customer service is outstanding, always responsive, kept me informed every step of the way and never once made me feel like my many questions were ever a bother. Their patience, kindness, and dedication stood out in every interaction. The relief I feel now is hard to put into words...it's overwhelming is the best possible way. What once felt impossible is now behind me, and that's entirely because of the incredible team at Kersey Law. From the bottom of my heart..thank you all!!
Nick M
Best Attorney Experience Jamahl was my first criminal lawyer — and I hope to God my last. What you see is what you get with him. Not only is he an attorney, but he’s also a YouTuber, so you can actually check out his channel and see for yourself how knowledgeable he really is. During the most difficult time of my life, Jamahl was there to tell it like it is. Between court dates, he didn’t waste time with unnecessary calls or meetings, but whenever I had a question, he answered right away. I trusted him to do his job, gave him whatever information he asked for, and it worked out perfectly. He really listened to where I was coming from and understood my case details. Another thing I appreciated was his firm’s pricing — straightforward, clear, and with no hidden fees. At the same time, I had been paying another attorney who charged me for “case review meetings” every month without providing documentation or results. I felt completely taken advantage of. Now I know why that firm is called “The Moore Group” — more money, more frustration, and no results. In the end, thanks to Jamahl and his team, I went from facing two misdemeanors to only having to complete seven anger management classes — and then it will all be dismissed. That’s an incredible outcome, and I couldn’t be more grateful. I wish Mr. Kersey and his family all the best. Thank you to him and everyone who helped make this happen. Don’t forget to check out his channel: 👉 Jamahl Kersey YouTube
Gary Flores
We all know that going to court can be very stressful. In my particular case I was arrested on a felony and misdemeanor charge. I mention this because this was the first time I ever had to call around trying to find the right lawyer and was unaware of how expensive attorneys can be, which only added on to my worries.Nonetheless, I called law firm after law firm and felt as if most just wanted to know my charges so that they could hurry and give me a quote. When I got into contact with Mr Kersey, it was a completely different experience, I felt he truly cared about me and understood my worries about possible conviction and my financial worries aswell. He reassured me multiple times on our first call that he would be able to defend me in court (which at the time I really needed to hear) , his confidence, understanding, and willingness to go out of his way to help me find a way to pay for representation sealed my choice with picking Kersey Law to represent me in court. The results, I had all charges, both felony’s and misdemeanors dismissed. The experience of having Kersey Law on my side was one of the best choices I have ever made as they always kept me up to date with everything and anything I needed to know before each court date in a timely fashion. Whenever I had any questions or felt nervous after or before a court hearing, I would reach out to Kersey law and they always made sure that all my questions and worries were addressed. They will communicate with you throughout the entire court process, you will not feel alone and you can rest assured that the people that are representing you in court are truly fighting for you, care about you and have your best interests in mind. With Kersey law you don’t have to go through this challenging process alone and will have someone on your side who can get the job done, like I mentioned prior, with their representation I had all my charges dismissed. This law firm is the right option as they will be there for you from start to end. I will forever be thankful for all of the team at Kersey law!
Cristian Enrique Duran

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