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Getting Someone Out of Jail in South Lake Tahoe: Understanding California's Bail System

When someone is arrested in South Lake Tahoe, California's bail procedures come into play for their potential release. Bail refers to the money required by the court for an inmate's release. In essence, it ensures future court appearances. If someone posts bail and fails to return to court, the court can eventually seize the money initially put up for their release. This serves as a deterrent to missing court dates when someone is arrested and awaiting the resolution of their case.

Currently, there are statewide and national movements advocating for "bail reform" or the elimination of cash bail. However, here's a brief summary of the current state of bail in California.


Both state and federal laws grant the right to reasonable bail, allowing most individuals arrested and charged with a crime the opportunity to post either cash bail or a bail bond for their release. The California Supreme Court has also ruled that there is a constitutional right to affordable bail meaning the court may need to take into consideration a particular persons financial circumstances in setting a bail them out.

When the court sets bail, it specifies the amount of money required to be "posted" or provided to the court before the person can be released from jail. If an individual posts cash bail, they are essentially paying the entire amount out-of-pocket for their release. At the conclusion of their case, regardless of the outcome, that money will be returned to them. This is in contrast to a bail bond, where an individual makes an agreement with a bail agent or bail bondsman to have the agent put up the money for their release. As a fee for this service, the bail agent typically requires around 10% of the total bail amount. Again, at the conclusion of the case, regardless of the outcome, the bail agent will receive all the money they put up, but the 10% paid to the bail agent is nonrefundable. The agent keeps that money as a fee for posting the bond.

Most courts in California operate with a bail schedule, which is a list of charges, each with a corresponding bail amount. Generally, the more serious the charge, the higher the bail listed in the schedule. A judge is not bound to impose the amount listed in the bail schedule; they have the discretion to increase or reduce bail based on factors related to the individual requesting bail and the nature of the crime. Judges often deviate from the bail schedule to increase bail if the defendant has a prior criminal history, is a flight risk, lacks substantial ties to the community, or if the charge itself was committed in a particularly dangerous or egregious manner. Conversely, a judge may reduce bail if the person requesting it has limited financial means, lacks a prior criminal record, or has strong ties to the community.

One of the many ways a criminal defense attorney can assist a client is by arguing for the judge to set a reasonable bail amount or reduce the current bail. An attorney can demonstrate the client's good character, highlight that the alleged crime wasn't particularly egregious, and potentially show that the current bail amount is unaffordable, thus violating their constitutional right to reasonable bail. If you or a loved one has been charged with a crime and is currently in custody, contact me today to discuss how we might be able to secure their release on bail or explore alternative options.

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