Release From Custody Options
There are various options for a release from custody available to individuals who have been arrested in the state of California. While some options will require money up front, others will not.
Getting released on a bail bond, is probably the most common release option used. Getting a bail bond, or Surety bond as it is also known, will require entering into an agreement with a bail bond agency, or bail bondsman, who is fully licensed and operating legally in California. The release of a defendant is typically organized following their arrest, by a family member or friend. The family member, or friend, will contact the bail bonds agency, and start the release process. Once the bail has been set, and known, and all the necessary paperwork filled out, the bail bonds agency will work on getting the defendant released from custody. A bail bond is the guarantee that the defendant will show up for any and all court appearances. Should the defendant not meet these requirements, the bail bond company will then be forced to attempt to locate the missing defendant, return them to the court, to ensure they will be refunded the bail they posted on the defendant’s behalf.
Another option that may be available to the defendant, is to be released on their “own recognizance,” or “O.R,” as it is also known. With this option, a Judge believes that a defendant will keep their promise to appear for all required court appearances. No money is required for this option, nor is a bail bond company.
Cash Bail is one of the options that may be available to an arrested person, and also does not require the assistance of a bail bond agency. If permitted by the Court, the defendant can pay the bail in cash, or cashier’s check. If the defendant adheres to all court stipulations, the cash bail will be refunded at the completion of the case.
A further option is a Citation Release, or “Cite Out.” This is when a defendant is imply handed the written charges, together with the information relating to their court appearance, and are free to go. This can occur with minor violations.
The one option least used, is the Property Bond Release. If a defendant opts to use this method, either the defendant, or a willing family member, will use their property assets as surety for bail. This method is usually utilized in the case of an extremely expensive bail. The property will have to equal 150% of the bail amount to enable the court to record a lien on the property. A certified appraisal will also have to be performed, as well as a title search, and equity. Should the defendant fail to honor their agreement, the court can then foreclose on the lien. As this option takes a considerable amount of money, time, and effort, it is not used that often. Most defendants prefer to be released as quickly as possible, and this option slows the process down.