Finding out that your husband was arrested and charged with a criminal offense can be a terrifying experience. This is especially true if you have never been in such a situation. Getting the call from your husband telling you he was arrested and that he requires your help getting out of jail can put you under a lot of pressure. What can you do in such a situation? How can you help your husband avoid jail time? Fortunately, bail can provide you with the answer you are looking for. However, it may be possible that you understand little or nothing about how bail works and how it can help you get your loved one out of jail. Our Santa Barbara criminal defense attorneys invite you to keep reading as we discuss how you can bail your husband out of jail.
How Bail Is Set
After your husband is arrested and charged with a crime, such as a DUI in Santa Barbara, he will go through the booking process. During this step, the police will gather your husband’s personal information, take his fingerprints, and mugshot. After the booking process is complete, he will go through the arraignment. During the arraignment, the court will advise your husband about his constitutional right, the charges against him, their first chance of entering a plea, and the possibility of bail. An arraignment should take place within 48 hours of your husband’s arrest. However, this time can be extended if your husband was arrested close to or during the weekend.
Bail is the amount of money a defendant must pay to be released from jail pending criminal proceedings. California, like most states, follows a “bail schedule.” A bail schedule sets the amount of money the defendant must pay, depending on his or her specific criminal offense, to be released from jail. The judge will generally determine the amount of bail to be paid depending on the particular circumstances of your husband’s case. However, there is no absolute right to bail, and a judge can deny it for different reasons. For instance, a judge may deny bail based on the defendant’s charges, criminal history, and previous failures to appear before the court, among other considerations.
Bail amounts can change from county to county, which makes it essential for you to understand how much money you may need to pay to get your husband out of jail. For instance, if your husband was charged with possession of cocaine in Santa Barbara, he may face up to $500,000 or more in bail. If he were charged with rape, his bail could be set at up to $250,000. His bail could be even higher if he were charged with murder in California; bail for a murder case can be set at $1 million.
How Can I Bail My Husband Out of Jail?
Now that you know how bail is set, how can you post bail for your husband? Fortunately, the system provides you with different alternatives to post bail for your loved one. You can pay your bail in cash. You will need to deposit the entirety of the bail with your court’s clerk. This does not mean you will automatically lose all the money you deposit with the court. If your husband goes to every future hearing in his case, the court will refund the full bail amount no later than 90 days following the resolution of your husband’s case. Conversely, if your husband skips a hearing without a valid excuse, the court will remain in possession of your money.
The court and the prosecution will always look at cash bail suspiciously. This is especially true when the court may have reason to believe the money used to post bail was obtained through illegal means. In such a situation, it is up to you to prove the money you used to pay for your husband’s bail is legitimate.
There may be situations where the bail may be too much for you to pay. In this case, you can use the services of a bail bond agency. Bail agents will post your bail for a fee, usually a 10% non-refundable premium based on the total bail amount. For instance, if your husband’s bail was set at $100,000, the bail bond agency will keep $10,000. It is vital to know that bail bond agencies will likely require collateral (such as a house, car, or jewelry) before posting bail. Like bails paid in cash, if your husband fails to meet the requirements set by the court, you could lose your collateral. By signing the bond for your husband, you become a “cosigner.” As a cosigner, you essentially commit to ensuring your husband attends all court-ordered hearings. If your husband skips his hearings or fails to comply in any other way, the bail bond agency will try to collect from your husband first. If he cannot respond to the bail money, you will be on the hook for him.
Keep in mind that proposed legislation to be put to a statewide referendum might eliminate cash bail. This law, should it pass, would completely alter the way this process works.
What Happens if My Husband Fails to Appear in Court After Posting Bail?
The importance of appearing before the court in any pending proceeding cannot be overstated. Posting bail means your husband will be set free from jail, but not free to do as he pleases. He will still need to meet all the court's requirements while his case is pending. If, after posting bail, your husband flees or skips his hearings, the judge will issue a bench warrant for his arrest. As we mentioned before, if you posted bail in cash or through a bail bond agency, you will likely lose your money or collateral as well.
However, not everything is lost. Your husband has up to 180 days from the date of bail forfeiture to present a valid reason for missing his hearing. The court may excuse your husband’s absence if he provides proof of things such as a disability, insanity, or a severe illness, among other “good causes” that made it impossible to show up at his hearing.
Our Criminal Defense Lawyers Offering Free Consultations
Our criminal defense attorneys at the Law Offices of Bamieh & De Smeth, PLC, understand the frustration you may feel knowing your loved one was placed under arrest. However, you don’t have to face this overwhelming situation alone. Our criminal defense attorneys can provide legal assistance and guidance to your husband every step of the way. We will fight tirelessly to defend his constitutional rights and make sure he understands what he can expect from his case moving forward. Call our law offices today for a free, confidential consultation at (805) 643-5555.
