The Law of Bail

Posted by Chris Morales on Fri, Feb 19, 2016 @ 10:04 AM

Christopher Morales, Criminal Defense Attorney 

The United States Constitution states that anyone that is arrested and charged with a crime has the right to bail. The only exception to this is if the person is charged with murder.

How does the law of bail work?

When a person is arrested by police and taken into county jail the jailers set up an amount for bail. This amount is based on the charges, for instance in a drug case bail may be $10,000. Also, one does not need a lawyer to arrange for bail.

How do family and friends post bail?

1) You can use a bails bondman.

A bail bondsman usually charges between 5-10 percent of the total bail amount. You can also go to my website at where I have posted a couple of the names of my favorite bails bondsman.

2) You can pay the jailers the full bail amount.

So if bail is $10,000 you can pay $10,000 with a check, cashier’s check, and cash or with a credit card.  Once the case is over then they will return that money to whoever posted it.

3) You can lien your real estate property.

 If you have real estate property that is worth two in a half times the amount of bail then you can turn that property over to the Superior Court Judge and the county where the person is being held. The judge will hold that property and then release the person. When the case is over the judge will return that property back over to whoever put that property up.

This process can take a week or two if not longer because the judge will want the real estate property to be appraised. The judge will want to know if there is enough equity in the property or at least twice the amount of bail. In other words, if the bail is $100,000 then there has to be enough equity in the house or houses for $200,000 at least. And that has to be on an appraisal that was done within 6 months.

How long does it take for a person to be released?

It usually takes about 4 or 5 hours for the person to be released.

If you or a loved have been charged with a crime in California, call my office today to set up a free consultation (415) 552-1215. 

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