Posting Bail and Schedule

RELEASE ON YOUR OWN RECOGNIZANCE (O.R.) is a the defendant’s promise to appear in court. In Los Angeles, if an arrested person is in custody after booking,   he/she may call the Bail Commissioner prior to the court appearance in order to request an O.R; neither the attorney nor anyone else will be able to do it for the arrested person. Jailers provide the on duty Bail Commissioner’s phone number and they will then attempt to verify employment, residence, etc. by calling the arrestee’s references to see if he/she has sufficient local ties to justify O.R. The Bail Commissioner may consider the nature of the offense, opinion of the arresting officer, any prior records and/ or prior failures to appear in previous court cases (traffic citations are included). If the Bail Commissioner denies the O.R. release, the judge in court may either grant O.R. or reduce bail amount at the arraignment or after the preparation of an O.R. report. 

IF YOU HAVE TO POST BAIL: Bail can be posted by cash or cashier’s check for the full amount of bail, which will be  returned if the defendant appears as directed at the court proceedings. -WARNING- Posting cash bail may result in  money seizure for purposes of forfeiture, based on claims that they cash are the proceeds of drug trafficking.  

Note from Bruce: A second option is to go to a BAIL BONDSMAN, who typically will charge a non-refundable premium of 8% (if you have attorney) or less of the amount for bail; for example, if the bail is $10,000, you pay the bondsmen $1,000 which you never get back. Bail bond agents usually have discretion regarding the type and the  amount of collateral required. Some agents will waive the collateral altogether if the defendant’s friends or family members have good jobs and guarantee payment of the full bail amount (usually resulting from the defendant’s  failure to appear, if not picked up or surrenders in 6 months. 

UNDER THE FEDERAL SYSTEM, a release can be made on personal surety bonds (promise to appear), corporate  surety bail bond companies, third party surety, a real property bond, and/or cash; collateral may be required. 

YOUR PHONE CALL: In California, after an arrestee is booked, he/she has the right to make three completed  phone calls to an attorney, to a bail bondsman, and to a relative or other person; however, be careful because these  phone calls are not confidential. 

BAIL ENHANCEMENTS: Be aware that depending on the county you are in, the bail can be raised considering  the circumstances surrounding the arrest. Some counties have bail charts and enhancements listed online; for  example, here is a list of existing bail amounts for Los Angele County :  

EXAMPLES:

Sale Or Furnishing Substances Falsely Represented as  Controlled Substance with Respect TO Certain Specific  Or Classified Controlled Substances . ……………………..20,000 

Marijuana/Cannabis: Cultivate Process …………………10,000 

Marijuana Possession For Sale 

Person 18 Year or over with prior conviction …………….20,000 

Persons 21 years or over while knowingly hiring  employing or using person 20 years or younger to  cultivate, transport, carry, sell, etc. ………………………………25,000 

Marijuana Transportation, Sale, Furnishing , …..20,000 

Marijuana Person 18 Years or Over Using Minor Under  14 in Sale Transportation giving to Minor. Up to 25 lbs………………………………………………………………………40,000 If Over 25lbs……………………………………………………………………..50,000 If Over 50lbs……………………………………………………………………..100,00 

Manufacture Concentrated Cannabis Using Volatile  Solvent With Or License. ……………………………………………50,000

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