The criminal process can be confusing, as many things must be taken into careful consideration. As such, if you are charged with a crime, you may be overwhelmed by the sheer amount of questions that arise regarding your circumstances. Often, the most confusion lies around the bail process. You may wonder how you can afford the amount and what factors influence how much you must pay. One option many consider is relying on bail bonds. If you’re unsure what these are, you’ll want to keep reading to learn more about this process. You’ll also discover why enlisting the help of a Sacramento criminal defense lawyer is crucial.
What Is Bail?
When charged with a crime in California, a judge will often hear the details of your case before setting bail. Generally, this is a collateral amount of money that a defendant will pay to the courts to ensure they will appear for all scheduled court dates upon their conditional release from jail.
Bail is set by the judge assigned to your case, and they will take many factors into consideration when determining this amount. Generally, a judge will consider the crimes a defendant has allegedly committed, whether or not they are a flight risk, if they are a threat to themselves or their community, and other relevant factors. If a defendant can pay the amount of bail set, they will be released.
Upon the completion of their trial, the defendant will receive the money they paid for bail, so long as they appear at their scheduled court dates, regardless of whether or not they are convicted. If they do not appear when scheduled, the court will keep the money.
What Are Bail Bonds?
In many instances, a criminal defendant may be unable to afford the bail set by the judge. As such, they may enlist the assistance of a third party to help cover the cost. Often, this is a bail bond agency. These companies require the defendant to pay a premium, which is generally 10% of the bail amount. Once this is paid, an agent from the business, or bail bondsman, will post bail for you.
How Can an Attorney Assist Me?
When you are facing criminal charges of any kind, enlisting the assistance of an experienced attorney is crucial. Not only will they be able to provide legal advice and represent you during the criminal proceedings, but they will also be able to assist with bail issues you may encounter.
Under the Eighth Amendment of the United States Constitution, criminal defendants are protected from unreasonable and excessive bail. As such, an attorney can help request a motion to lower the amount.
At the Law Offices of Dale R. Gomes, we understand how complex and confusing these circumstances can be. As such, our dedicated team is committed to doing everything possible to assist you through these challenging times. Contact us today to learn how we will fight for you.