Los Angeles Criminal Defense Lawyer Blog

In courtroom dramas you hear attorneys arguing with each other about bail. The prosecutor argues for a high dollar figure; the defendant's attorney, for a low figure or none at all. The judge bangs the gavel and says, "Bail is set at . . ."

When a person is arrested, he can be held in jail until he:

• is given a citation and released; or


• is released on his own recognizance, which means he is trusted to appear on his scheduled court date; or


• posts bail.

Bail is like an insurance policy. It is cash or a cash equivalent held by the court to guarantee the defendant's appearance. If the defendant fails to appear on his scheduled court date, he forfeits the money. In California, bail can be paid with cash or a check or the individual can pledge real or personal property, although often the value of the pledged property must be equal to twice the bail amount.

When the bail amount is high and the defendant cannot raise the money on his own, he goes to a bail bond company. The bail bondsman pays the court a designated percentage of the bail amount, in effect entering into a contract with the government to guarantee the defendant's appearance, and the individual is released. If the defendant flees or fails to appear, the bond company must pay the court the full bail amount. Bail companies generally charge a non-refundable 8% to 10% of the total bail amount to assume this risk.

Raising bail through a bail bondsman can be expensive. In Los Angeles, a bail amount of $50,000 can require a payment of $5000 to a bonding company, even if you show up in court. Bail bondsmen often require that a family member or friend co-sign the bond. If the bond is high or the defendant is considered a flight risk, the bondsman may also require the co-signer to pledge collateral, such as cash, a property deed or a valuable possession, on which he places a lien. If the defendant fails to appear and the bondsman has to pay the bail amount, he will collect from the co-signer, taking his property if necessary.

Bail bonds are expensive and you or your co-signer could lose your cash or collateral or both. You will lose the hefty 8% to 10% fee charged by the bail bond company, even if you appear in court as scheduled. Before you contact a bail bondsman, talk with experienced criminal defense attorney Stephen Rodriguez about your options. If bail is necessary, he will recommend a bond company that will handle your case with care and professionalism.