When someone is arrested in California, one of the first and most urgent concerns is how to get out of custody. Whether a person remains in jail or is released before trial can shape the entire case. In recent years, bail and pretrial release in California have undergone significant changes, creating new options and new risks for defendants.
For people facing charges in San Diego County, understanding these systems is critical. The decisions made in the first 48 hours after an arrest can determine how a case unfolds.
How Bail and Pretrial Release Work in California
California no longer relies solely on traditional cash bail. Today, courts use a combination of California bail options and risk-based release systems to decide who stays in custody.
When a person is booked, one of three things usually happens:
- The person is released on their own recognizance.
- A bail amount is set under the county bail schedule.
- The person is held for a judge to review release conditions.
This system is designed to balance public safety with the presumption of innocence, but it can be confusing and unpredictable.
Understanding Bail in California
Understanding bail in California starts with knowing that bail is not a fine. It is a financial guarantee that a person will appear in court.
San Diego County maintains a bail schedule that assigns dollar amounts to different charges. If bail is posted, the defendant is released while the case proceeds.
Bail can be posted by:
- Paying the full amount to the court.
- Using a bail bond company.
- Posting property in some cases.
The bail bond process in California usually involves paying a non-refundable premium, typically around 10 percent of the total bail, to a licensed bail agent who then guarantees the full amount to the court.
Pretrial Release in California
In many cases, courts now favor pretrial release in California over cash bail. Judges evaluate factors such as criminal history, ties to the community, and the seriousness of the charge.
A person may be released under conditions such as:
- Reporting to a pretrial services agency.
- Travel restrictions.
- No-contact orders.
- Drug or alcohol testing.
These pretrial release programs in California are meant to reduce unnecessary detention while ensuring court appearances.
When Bail is Denied or Set High
In severe felony cases or when the prosecution alleges a public safety risk, bail may be denied or set at an extremely high amount. In these situations, a defense attorney can request a bail review hearing to argue for release or for a bail reduction.
Judges must consider:
- The strength of the evidence.
- The likelihood of appearing in court.
- Public safety concerns.
- The defendant’s personal circumstances.
Without legal representation, defendants are often stuck with unnecessarily harsh conditions.
Why Early Legal Action Matters
The bail and release stage is not just procedural. Statements made, conditions imposed, and findings entered at this stage can affect later motions and trial strategy.
At Griffin Law Office, APC, our San Diego criminal defense attorney works quickly to challenge improper bail, seek pretrial release, and protect our clients from unnecessary detention.
Get Help From Griffin Law Office, APC
If you or a loved one has been arrested in San Diego, do not assume the system will treat you fairly. Bail and pretrial release decisions require strong legal advocacy.
Contact Griffin Law Office, APC at 619-269-2131 or visit us online to schedule a confidential consultation. Understanding your California bail options and pretrial release programs can make a critical difference in your case and future.
Related Blogs
- How is Bail Determined in California?
- The New California Bail Law Reform- How This Affects Your Loved Ones
- How Bail Works and Your Plans of Action
- First Degree Murder: Client Released on Bail, Murder Charge Dismissed
- Does California Still Operate Under a Cash Bail System?
- Federal Bond vs. State Bail: Understanding the Key Differences Between Pretrial Release Systems
