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The Legal Process: from Arrest & Booking to posting Bail
To help you understand legal procedures from arrest to posting bail, we offer the following information as a general guide.  Procedures may vary between counties and detention facilities.
 Arrest and Booking
After arrest, the accused will usually be taken to a detention facility for booking. This process usually involves taking personal information,
recording information about the alleged offence, searching records for previous offenses, taking fingerprints and photos, and placing in a holding cell.
Court Options
After booking, the court or jail may exercise the following options:
• Release the accused without filing charges
• Release the accused on their own recognizance (being OR'd), with a promise to appear in court.
• Cite and Release: Issue a Citation informing the suspect to appear in court at a specified date (Note that a Citation may also be issued prior to booking)
• Hold the accused in custody without setting bail
• Set Bail for the accused as per the County's bail schedule
The Bail Process (Posting Bail)
To ensure timely appearance in court, the Bail system allows the accused to post security. Security may be posted by family or associates. If the defendant fails to appear, the court (county) keeps the security and can issue an arrest warrant.
Bail Bond Security
Although Bail security may take various forms, Bail Bond agencies specialize in posting Bail Bond security in the form of Surety Bonds. A Surety bond is a written guarantee that the bail amount will be paid to the court, and must be issued by a bail agent who is licensed by, and in good standing with the Department of Insurance in the State of California.
The Surety Bond guarantees that the full value of the bail will be paid to the court in the event the accused fails to appear when required. The bail agency accepts financial responsibility for the full value of the bond, and therefore has incentive to help family and friends ensure the accused appears in court when required.
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