An arrest for a low-level misdemeanor does not result in pretrial detention. Instead, the arresting officer issues a citation to appear without posting bail. However, you must post bail or obtain an own recognizance (O.R.) release for more serious offenses to regain freedom. Exiting custody without a financial commitment can be beneficial, but it is not for everyone. If you have requested an O.R. without success and want help posting bail in Soledad, Future Bail Bonds can come to your aid.
Leaving Jail Without Bail
When the court sets a defendant free without imposing any financial commitment but on a promise to attend future proceedings and abide by pretrial terms, it is called an Own Recognizance Release. The judge will grant you the O.R. after a criminal offense, if you do not face the death penalty, you do not compromise the safety of the public, or there are reasonable guarantees you will return as ordered.
Nevertheless, an O.R. does not come as easily as it seems, unless you are in Los Angeles, where many defendants are released without bail if it is proven they are behind bars for their inability to pay bail. In Soledad, Monterey County, only a few eligible defendants secure pretrial freedom without bail.
In California, when the court sets bail and you cannot pay, it holds a Humphrey proceeding, where they release you without a financial obligation if you satisfy the set protocols. The prosecutor must provide clear and convincing evidence that bail or continued detention is necessary to keep the public safe.
Release from jail or police custody without bail is not automatic. You make the request during arraignment when your charges are heard. Other times, the court can have commissioners on call 24/7 to rule on O.R.
Sometimes, a bail or adversarial hearing is necessary for the judge to evaluate the facts for or against O.R. pretrial release and give a ruling. Otherwise, in the initial court proceeding, when the court makes many bail decisions, your attorney can argue in favor of an O.R. The judge can ask for the prosecutor’s opinion on O.R. or additional evidence, if any, to assist with the decision during arraignment. However, this is optional. The only time the prosecutor must give their opinion regarding O.R. is in a formal adversarial proceeding.
Per PEN 1319.5, a bail hearing is required if you are to be released without bail if the underlying offense happened while you are on felony parole or were issued with a bench warrant at least three times in 36 months for assault, domestic violence, residential burglary, a STEP law violation, or any other felony violation.
Similarly, PEN 1270.1 makes a bail proceeding mandatory for O.R. release when you are charged with a protective order violation, serious felonies like rape or murder, or violent felonies.
It is difficult to convince a judge to restore your freedom after arrest without bail. If you build a compelling case, you will leave jail without posting bail. However, if you do not qualify, you must post bail or risk pretrial detention for months or even years pending case conclusion.
Using Soledada Bail Bonds
Bail is a security that assures your court attendance after temporarily leaving jail. Bail has several options. One is using collateral, where the court acquires a lien on your property until the case's conclusion. The other option is paying cash as a lump sum. Unfortunately, if you do not have money or property to use as security and an O.R. is no longer on the table, you must use bail bond services from a reputable Soledad bail bonds firm. The company ensures your temporary freedom by guaranteeing to owe the court total bail if you are released and skip court or contravene other release terms. After the promise, the court issues a bond, ordering your immediate release. Your Soledad bail bonds company does not do this for free. It charges a premium that is not refundable.
Mistakes to Steer Clear of When Partnering with a Soledad Bail Bonds Organization
While you are desperate to restore your freedom after a release without bail has failed, hiring the wrong Soledad bail bonds entity can lead to severe issues instead of enjoying the benefits of hiring these experts. The mistakes you should avoid are:
Not Doing Your Homework on the Bail Bondsman You Want to Hire
You want the best experts handling your loved one’s pretrial release. Therefore, you cannot hire just any company without inquiring about the price of their services, and if there are hidden charges you must know about. Additionally, you want to know the time it takes for the defendant to be released.
Not Evaluating the Defendant to Decide if They Are Trustworthy
Many defendants call their family members or friends to help with their release. The person who deals with a bail bondsman on behalf of the defendant is the cosigner. A cosigner has enormous responsibilities, including:
- Paying the bail premium
- Securing the bond using personal property as collateral
- Ensuring the defendant appears before a judge and complies with release terms
Before you take on these responsibilities, you should evaluate the defendant and ensure you can trust them to obey bail conditions. Only cosign for a defendant with robust community ties and a record of accountability. Cosigning for an unaccountable defendant could lead to bond forfeiture. If this happens, the bail bondsman will come after the property used as collateral to recoup their losses. All your lifetime investments will be gone because of trusting the wrong person.
Not Understanding Pretrial Release Conditions
Your freedom is only temporary and comes with stringent conditions that you must obey; otherwise, you could be rearrested and your cosigner could lose property. You can protect yourself and the cosigner by obeying bail terms. To do this, you must read the terms and understand. Your bail bondsman can also explain the terms you do not understand and help you comply.
Jail and Court Information
Salinas Valley State Prison
Monterey County Superior Court
Find a Responsive Soledad Bail Bonds Company Near Me
After detention in Soledad, the court grants, denies, or releases you without bail. If the court sets bail you cannot afford, you may request a reduction or O.R. release. You could stay longer in jail pursuing an O.R. Unfortunately, if your request is denied, your only option will be to post bail or remain in jail. At Future Bail Bonds, we can help you during this desperate hour by posting your bail at a small fee. Call us today at 619-880-8737 to discuss your bail options and mistakes to avoid.
