Updated: Nov 24, 2022
Learn How Bail Works Under DUI Laws in California
As frustrating as it might sound, bail doesn't have a set amount for every case. The exact amount you'd need to pay highly depends on the severity of the case and other factors.
The judge may determine the amount based on the following:
DUI history and criminal background of the suspect
DUI crime severity in terms of potential harm to others
Family, community, and employment links of the suspect
That said, let's look at what else goes into DUI Bail Payments in Los Angeles. But first, let's look at the common factors affecting them, as experienced by our prescreened Los Angeles DUI Attorney.
What Happens In A DUI Arrest In California?
After an arrest is made, a DUI suspect is usually brought into police custody. A suspect is "processed" or "booked" after being in police custody. A police officer takes the following actions during the "booking" process:
The name, date of birth, and physical attributes of the suspect are listed
There is documentation of the suspect's claimed offense
The suspect's criminal history is investigated, if any
The suspect is patted down or searched, as well as have their fingerprints taken
Keys and other items held by the suspect are seized, noted, and stored for return to the suspect after release
The suspect is sent to a holding area at the police station or the local jail
If there have been issues in your arrest or DUI claim, it's best to contact a DUI lawyer in Los Angeles ASAP. They can represent you, preserve evidence that'll help you, and help you throughout the process of your DUI case.
What Is The Process Of Paying Los Angeles DUI Bail?
If a DUI suspect is detained, they can typically get pre-arraignment release through bail release if they are locked up.
After being processed for several hours, a DUI suspect is typically freed. However, it can be difficult to obtain bail when a person has been arrested for several DUI offenses, when they are on probation, or when they are accused of committing additional offenses in addition to DUI.
In exchange for being released from police custody, a DUI suspect who has been arrested is permitted to post bail, usually after being booked. However, a suspect must agree to attend court for all scheduled criminal processes, such as their arraignment, preliminary hearing, pre-trial motions, and the actual trial for bail to be granted.
It is conceivable for a judge to later decide to permit release on bail at a separate hearing or the arraignment if the DUI defendant is not allowed to post bail at the police station immediately after being booked.
What About DUI Bail Bonds In California?
The suspect may pay the whole bail sum determined by the court in a DUI case or by the suspect's friends and relatives. In addition, a "bond" may be posted in place of the whole sum if it is not practicable to do so at the time of the suspect's arrest. A bond is typically issued through a bail bond company and is a written assurance that the full bail sum will be paid if the defendant does not appear for court as scheduled.
Bail bond companies charge a fee for posting the bond (typically around 10% of the bail amount). They may also request additional collateral be put up as a guarantee before posting the bond because they will be responsible for paying the full bail amount if the suspect fails to appear as scheduled (sometimes called "jumping bail").
Hire A Los Angeles Criminal Defense Attorney Near You
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