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CALIFORNIA LAW: THE PROCESS OF ARREST & RELEASE ON BAIL

Getting arrested can take a toll on a person’s physical and mental health. It is all the more terrifying if the defendant is a minor or someone completely innocent of the said crime. Spending time inside the lock-up can be dehumanizing in many ways. One needs to know what to do and what to avoid during such an unpleasant situation. 

  1. All about the arrest warrant: Typically, the warrant is signed by a magistrate or judge, and one is allowed to see it as soon as it is available. Under general circumstances, the police officer will knock, identify themselves and inform you of your arrest. However, if required, they will enter the house by force. They are allowed to search the area of your arrest. It is suggested not to resist arrest, as this can lead to additional charges. If required, the officer can use force to overcome your resistance.
  2. Who can make the arrest: All law enforcement officers have the right to arrest no matter if they’re on or off duty, with a few exceptions. Furthermore, probation and parole officers can also arrest a person. Their course of action will depend on the offense:
  • Probable cause for a felony: if their judgment tells them that you have good reason to have committed the crime, they can arrest you without a warrant. If it is a felony, you can be imprisoned for more than a year. On the other hand, a misdemeanor is punishable by a fine and/or a shorter jail term. However, they have to observe you commit the act first-hand to act without a warrant.
  • Infraction: you will be asked to sign a citation and not taken into custody. By signing such a notice, you promise to appear in court. Refusal to do so may result in police custody. In California, anyone can make a citizen’s arrest if a crime is being attempted or committed; similar laws cover felonies as well. 
  1. Finding a suitable lawyer: One should contact and hire a lawyer as soon as possible to build a strong defense and avoid any miscommunications with the police. Furthermore, a lawyer serves the purpose to advise your family and friends on the bail process, which is necessary to avoid unnecessary jail time.
  2. How to secure release:This is the most important yet most misunderstood part of the process. A bail is a sum that you pay to the court in order to be released from the police custody, promising to appear in the courthouse on the set date. The bail allows you to spend your time outside the prison while you wait for a fair trial. To get bail, you must contact an experienced bondsman. People living in California have access to a reliable bail bondsman in Sacramento ensuring a fast release.
  • In Sacramento, the Court of California fixes a bail of $10,000 for a felony with no presumptive bail. Such a schedule is available online, and a lawyer can guide one on the appropriate amount of bail money legally required.
  • One has the opportunity to request a bail reduction or a bail review hearing. So, make the right choices ahead of time and avoid bail troubles with a trustworthy bondsman.

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