What Defendant's Need to Know
POSTING BAIL- Should you post bail for your family member or friend?
Scott’s honest truth … like it or not!
In most cases a DUI defendant will be asked to post bail in the range of $5,000 to $50,000:
- $10,000 bail requires a service charge of $1,000.
- $20,000 bail requires a service charge of $2,000.
- $25,000 bail requires a service charge of $2,500.
- $50,000 bail requires a service charge of $5,000.
The most common service charge for a bail bond is 10% of the cost of the bail, but if you know a good bail bondsman, you can get it for 8% if the defenant has legal representation.Odds are that the defendant will be brought in front of a judge within 48 hours of the arrest. They must be brought to court within a maximum of 96 hours. At the first hearing, with a good attorney, many defendants will be released on their own recognizance ("OR") without posting ANY bail, if the defendant has a steady job, they live in the area and they are not a flight risk, and they do not pose a risk to the victim (if any) of repeating the crime. Also, a good attorney may LOWER the amount of the bail required, even if the Defendant is not granted "OR" ie release without posting bail. The attorney saves you $100 on every $1000 that bail is lowered.
My experience is that most people cannot earn the amount of the service charge on the bail amount during the same 48 hours they will be held in custody before going to court and most people will be required to do SOME jail time for a DUI anyway. The more serious the DUI, the higher the bail.
Despite what your friend or relative in jail might want, it may be more beneficial monetarily to all parties involved, to leave the defendant in jail 48 hours, wait for the first hearing to argue bail reduction or OR, get credit for two days time served that has to be served anyway, and not the waste the money on bail. With the money saved NOT posting bail, you might save enough money, to hire a good attorney who can argue to reduce the bail amount or get an OR granted without bail. However, If due to the seriousness of the charge, the judge does NOT grant an OR or reduce bail after the first hearing, then consider posting bail at that time.
To discuss bail and other issues, feel free to call Scott B. Ennis Esq. on his cell phone anytime for an appointment to have a free consultation: (209) 200-7200.
OUT OF COUNTY Defendant, OUT-OF-STATE Defendant, OUT-OF-COUNTRY Defendant or ILLEGAL Defendant---- ISSUES that MUST BE ADDRESSED
Do you have to do jail time locally?
Will your DUI DRUG PROGRAM TRANSFER to the area you live?
Will your ALTERNATIVE WORK PROJECT TRANSFER to the area you live?
Can you do COMMUNITY SERVICE as a SUBSTITUTE for work project?
Can you do a COLLAR instead of jail time?
Will out-of-state DMV take your license away for the California DUI prosecution?
Are you eligible for OUT-OF-STATE WAIVER from DUI requirement?
Call Scott B. Ennis Esq. on his cell phone at (209) 200-7200 for a FREE CONSULTATION to discuss these pressing legal issues that absolutely DO affect your legal rights.
Stockton CA 95207
Cell: (209) 200-7200
Fax: (209) 957-7222
Normal office hours are
Monday thru Friday