Navigating Bail and Pretrial Release in Orange County

Bail and pretrial release are ways for defendants to stay out of jail while waiting for their trial. Here’s an A-to-Z guide on how they work in Orange County:

Bail is money given to the court as a guarantee that the defendant will show up for their court dates. Think of it like a deposit. If the defendant goes to all their court appearances, the money is returned (minus some fees). If they don’t show up, they lose the money, and a warrant might be issued for their arrest.

Paying Bail: Defendants can pay bail in cash or use a bail bond. A bail bond usually costs 10% of the total bail amount and is non-refundable.

Bail Amounts: The amount of bail depends on the crime's severity and the defendant’s history. Serious crimes like murder or robbery often have higher bail amounts or might not allow bail at all.

Pretrial release means that a defendant can be released from jail before their trial without paying bail. Instead, they promise to show up for all their court dates and follow any rules set by the court. The goal is to balance the defendant’s freedom with public safety and ensure they come back for their trial.

Conditions of Release: Conditions might include regular check-ins, travel restrictions, or electronic monitoring. Pretrial release is often given to those who are not considered flight risks or dangers to the community.

There are a few ways pretrial release can happen:

• Release on Recognizance (OR): This is the most common type. This option is usually for people who are considered low-risk and unlikely to run away.
• Supervised Release: Sometimes, more oversight is needed. In this case, the defendant must check in regularly with a pretrial services officer and might have to follow extra rules like drug testing or wearing an electronic monitor.
• Conditional Release: Conditional release comes with specific conditions, like not leaving the area, not contacting certain people, attending substance abuse programs, or checking in with a pretrial services agency.

Pretrial release has the following benefits:

1. You don’t have to pay bail, which can be expensive. This allows you to use your money for your defense and personal needs.
2. It upholds the principle that you are innocent until proven guilty, allowing you to stay free while your case is pending.
3. You can assist in your defense, gather evidence, and work closely with your attorney.
4. You can continue to work, go to school, and take care of family responsibilities, keeping your life stable while you wait to go to trial.

Bail and pretrial release form a key part of the criminal justice system in Orange County. They allow defendants to continue with their normal lives as they await trial.

But what are the factors influencing bail or pretrial release?

1. Nature and Severity of the Crime

The seriousness of the crime plays a big role in deciding bail:

• Violent vs. Non-Violent Crimes: Non-violent crime suspects are more likely to get bail than those charged with violent crimes like assault or robbery.
• Severity: More severe crimes usually have higher bail amounts. Serious charges like murder or large-scale drug trafficking might even result in no bail.
• Potential Sentence: Crimes with longer potential sentences tend to have higher bail amounts to ensure the defendant’s return to court.
• Use of Weapons: If a weapon was involved, bail amounts might be higher, or bail could be denied altogether.
2. Criminal History

A defendant’s past can greatly affect bail decisions:

• Previous Convictions: Those with past convictions, especially similar ones, might face higher bail or stricter release conditions.
• Failure to Appear: A history of missing court dates can lead to higher bail or no bail to prevent non-appearance.
• Probation or Parole: Defendants currently on probation or parole might have stricter bail conditions or be denied bail due to a higher risk of reoffending.
• Pending Charges: If there are other pending charges, this can negatively impact bail, leading to higher amounts or stricter conditions.
3. Ties to the Community

Judges look at how connected the defendant is to the community:

• Family and Residence: Strong family ties and a stable home can help lower bail amounts, as the defendant is seen as less likely to flee.
• Employment: Steady employment shows stability and responsibility, which can positively influence bail decisions.
• Length of Residency: Long-term residents are seen as less likely to flee, leading to more favorable bail terms.
• Community Involvement: Active participation in community activities or organizations shows commitment to the area and can positively influence bail decisions.
4. Risk of Flight

The court considers the risk that the defendant will flee if released:

• Travel History: Frequent travelers or those with international connections might be seen as flight risks, leading to higher bail or additional conditions like surrendering passports.
• Financial Resources: Wealthy defendants might be considered higher flight risks due to their ability to leave the jurisdiction easily.
• Behavior During Arrest: Cooperative behavior might result in more lenient bail terms, while attempts to flee or resist arrest can lead to higher bail or denial.
• Evidence of Planning to Flee: Signs that the defendant was planning to flee, such as packed bags or large cash withdrawals, can significantly impact bail decisions, leading to higher bail amounts or denial.

With that said, how do you get bail or pretrial release? Let’s first cover the pretrial release process.

Orange County has a Pretrial Services Program that supports the pretrial release process. The program’s goals include:

• Making sure defendants show up for their court dates
• Minimizing pretrial detention, and
• Keeping the public safe.

Here’s what they do:

• Risk Assessment: They evaluate how likely it is that the defendant will appear in court and not pose a risk to the public. This helps the judge decide on pretrial release.
• Supervision and Monitoring: For those on supervised release, Pretrial Services oversees regular check-ins, electronic monitoring, drug testing, and other methods to ensure compliance with release conditions.
• Support Services: They connect defendants with resources like substance abuse treatment, mental health counseling, job training, and other support services.
• Court Date Reminders: They provide reminders of upcoming court dates to help ensure defendants attend all required appearances.

Here’s what typically happens to get bail in Orange County:

1. Arrest and Booking

When someone is arrested, they’re taken to a police station or county jail for booking. This includes recording personal information, taking fingerprints and photographs, and listing the charges. Booking is the first step before a bail hearing.

2. Bail Schedule

Orange County has a bail schedule with standard bail amounts for various offenses. This schedule gives a quick reference for law enforcement and courts, but judges can adjust bail based on factors like community ties or past behavior.

3. Bail Hearing

A bail hearing usually happens within 48 hours of the arrest (excluding weekends and holidays). This is what usually happens during this hearing:

• Presentation of Arguments: Both the defense and prosecution present their arguments about bail.
• Judge’s Decision: The judge reviews the charges, the defendant's history, and other factors to set the bail amount or decide if bail should be granted.
4. Posting Bail

Once bail is set, it can be posted in several ways:

• Cash Bail: Paying the full amount directly to the court ensures the defendant's release. This amount is refunded after the trial if all court appearances are made.
• Bail Bondsman: If paying the full amount is not feasible, a bail bondsman can post bail for a fee (usually 10% of the total bail amount). This fee is non-refundable but allows the defendant’s release without needing to pay the full bail upfront.
• Own Recognizance (OR): Sometimes, the judge might release the defendant on their own recognizance, meaning they don’t have to pay bail but must promise to return for all court dates and comply with any conditions set by the court.

That’s it! We hope you now have a better understanding of how pretrial release and bail work in Orange County.

With the help of a knowledgeable criminal defense attorney, you can ensure a fair bail amount, favorable conditions, and stay free while awaiting trial.