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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. |
