Individuals who are arrested for alleged crimes can be held in prison until their trial date, even though being arrested does not prove a crime was committed or that the person who was arrested is guilty of any wrongdoing. When this happens, the “innocent until proven guilty” idea does not seem to really apply. The amount of time that a person must sit in jail while they await the official filing of charges and setting of a court date can take months. Defendants who are arrested are extremely lucky to be able to see their day in court in a few weeks, but most of the time, a person awaiting a court hearing will at least spend a couple of months behind bars. The most severe felony criminal charges can keep a person awaiting court for years.
The reason why it can take so long to get a court date is that there are a lot of procedural actions that have to be taken when a person is arrested, including:
- The prosecution will review a case and determine if charges should be filed.
- If the prosecution determines that there will be charges pursued, they can decide which charges apply.
- An investigation into the case will ensue.
- Motions to the judge are made.
- Legal teams will work on preparing their cases.
Does Bail Work for Everyone?
Sometimes a judge will assign a bail amount to a person arrested. If they can post their bail, they do not have to wait in jail while all of these procedural steps are being taken. These individuals can go home and only have to worry about returning to court on the date of their hearing. The problem with the bail system is that not everyone can afford the expense. Even though bail will be reimbursed when a defendant’s case comes to its conclusion, finding that initial amount of money to temporarily put up can be a real struggle for many.
To get access to the funds necessary to make bail, many defendants will use a bail bondsman. A bail bondsman in San Diego will pay the bail amount for a defendant, and then the defendant is responsible for paying the bail bondsman back. The defendant will have to pay a fee of as high as 10% of the bond, however. The extra charge is how a bondsman makes money. While working with a bail bondsman may seem like a good way to avoid spending unnecessary time behind bars, even with payment plans, actually paying back the full amount to the bondsman is often challenging to those with limited resources. Also, while the initial bond amount will be refunded, the fees that are paid to the bondsman will not. These costs come directly out of a defendant’s pocket.
Speak With an Experienced San Diego Attorney Today
David M. Boertje has compassion for individuals facing criminal charges who also will struggle with paying bail. As an experienced San Diego criminal defense attorney who has handled thousands of criminal cases of varying severity, David M. Boertje will determine if a motion can be made to either have your bail amount reduced or in some cases, make a strong and convincing case to have you released without the need to pay any money upfront. To schedule a free case evaluation, please call the California criminal defense attorney at the Law Offices of David M. Boertje at (619) 229-1870 for the San Diego office or (760) 476-0901 for the Carlsbad location.