“Bail” refers to the amount of money that a defendant must pay (or “post”) to the Department of Correction (DOC) in order to be released from jail.
Bail is intended to assure the DOC, prosecutor and judge that the defendant will appear in court as expected. Bail in Santa Clara County is first set by reference to the Santa Clara County Bail Schedule
The bail amount is based on the crime(s) for which the individual is arrested as well as his or hire criminal history. For example, misdemeanor bail typically starts at 5 to 10 thousand dollars. Felony bail starts at 25,000 dollars and increases depending on the seriousness and number of charges.
The most common way to post bail is by securing a bail bond from a bail agent. Unlike a cash bail, you only pay a maximum 10% of the bail amount. The difference here is that the amount you pay to the bail agent is nonrefundable. You are paying that fee in exchange for the bail company posting the rest of the bond. If the inmate fails to make his court appearances, you are liable for repaying the full amount of the bail to the bondsman.
We recommend contacting VIB Law so that we can give you a recommendation to a reputable and experienced bail bondsman.
Just using the right bail agent can save you time and money.
Also, we may be able to schedule a bail hearing where we can argue that bail amount should be reduced or eliminated. For example, we may be able to convince the judge to reduce bail if the client agrees to wear a GPS bracelet or a SCRAM monitor. Or we may be able to argue that the client is a good candidate for “Supervised Own Recognizance” release due to his ties to the community or lack of criminal history.
You can obtain a bail bond within about 20 minutes, although it generally takes another 30 minutes to four hours for the defendant to be released from custody.
In addition to using a bail bondsman, you also secure release for a family member by paying the entire amount of the bail yourself. This process is known as paying “Cash Bail” even though it can be payed via a Cashier’s check or Money order as well.
If the defendant attends all court appearances, the bail will be returned at the end of the case (minus a small processing fee). If the defendant does not attend all of his court appearances, he forfeits that money to the court.
If you wish to pay “Cash Bail” using a cashier’s check, the funds must clear before the inmate will be released. Also, only y California bank cashier’s checks will be accepted and must be payable to the Santa Clara County Department of Correction. All cashier’s checks should have the inmate’s name, booking number and personal file number written on the check.
If you wish to post “Cash Bail” for an inmate using a money order, it must be a U.S. Postal Service Money Order that is also for the full bail amount. And, like the cashier’s check, the money order should include the inmate’s name, booking number and personal file number in the lower left corner of the order.