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When your loved one has been arrested in California, you might want to post bail for them to ensure their prompt release. Doing so will allow them to resume their various responsibilities, including family, work, and the development of their defense. Often, people want to know how soon their loved one can be released after posting bail. The truth is, there is no definitive way of telling how long it will take. Specific factors determine the time of your loved one’s release, as this blog explains.

Arrest Late at Night

If your loved one is arrested at night in California, they can be released on bail just the same as someone detained during the day can. The bail process at night follows the same legal framework as daytime procedures, although there are some practical differences. Once a police officer arrests your loved one, they will transfer them to the nearest Sheriff's Department, jail, or police station for booking into police custody.

After booking, your loved one may qualify for bail. Bail is the amount of money or property a defendant or their loved one deposits with the court as a promise that they (the defendant) will make court appearances once released before trial. If the defendant makes all court appearances, the court will refund the bail money to the defendant or the person who paid it. However, if they do not attend all court hearings, they will face bail forfeiture.

If your loved one's crime is minor, the arresting officer may set bail by referring to the bail schedule. A bail schedule refers to a list of crimes and their corresponding predetermined bail amounts. Each county has its own bail schedule that guides judges and law enforcement officers in setting bail. Bail schedules list a wide range of crimes, and law enforcement is allowed to impose the amount listed for minor offenses.

Alternatively, the arresting officer may release your loved one on their own recognizance (O.R. release). Here, you will not have to post bail for them. The arresting officer will only need them to sign a written promise to appear in court.

Otherwise, once the arresting officer has set bail, you must deposit the amount before your loved one can be released. If you have enough financial resources, you can post the entire bail amount using cash and, in some cases, a check, credit card, or debit card. This is known as cash bail. If you do not have money readily available for cash bail, you can contact a bail bonds company for help. In this case, you will pay the bondsman a premium of only 10% of the total bail amount, and they will deposit your loved one’s entire bail amount on your behalf.

Once you have posted bail, the jail will start processing your loved one’s release. The nighttime jail release period may take longer than the daytime period for several reasons. Generally, it could take up to 12 hours for your loved one to be released after you post bail. Factors that affect how soon your loved one can be set free include the following:

  • Staffing levels. Lower overnight staffing may lead to slower processing times than daytime operations, consequently slowing down the release process.
  • Jail size and capacity. Smaller or less busy jail facilities may process inmates faster, whereas larger jails may experience delays due to high volume.
  • Volume of arrests. During busy nights, particularly on weekends, many defendants may be processed simultaneously, resulting in possible delays.
  • Verification period. The jail facility must verify the funds (if you paid cash) or bail bond paperwork before your loved one is released. Doing so takes time.
  • Shift changes. If you post bail during a shift change, the jail release process might take longer since responsibility is transferred between officers.
  • Complexity of the case. Factors like the accused's criminal record and the type of charges influence the timing of the case.

Night Court vs. Next-Day Procedures

As it is, the nighttime and daytime bail procedures are the same except for a few differences. Before you post bail at night for your loved one, they must first be booked into custody, just as it happens during the day. The booking procedure remains unchanged. It entails the arresting officer doing the following:

  • Noting the arrestee’s personal details, including their name, phone number, date of birth, address, and the supposed crime.
  • Taking their mugshots
  • Fingerprinting them
  • Conducting a criminal background check against them
  • Checking the police database for any outstanding warrants
  • Conducting a full-body search
  • Conducting a health assessment
  • Confiscating your loved one's personal belongings

After the booking process at night and based on the nature of your loved one's crime or the day the arrest occurred, the arresting officer can opt to place them into a holding cell or set bail. If the offense is severe or does not appear on the bail schedule, your loved one will be placed in a holding cell after booking to wait for the judge to determine bail on the next business day.

Similarly, if your loved one was arrested on a weekend or holiday for a severe offense, they will have to wait for the judge to determine whether they can set bail. However, if it is a minor offense, the arresting officer can set bail right after booking, allowing your loved one to secure their release as soon as you pay the money. Once your loved one is released, the arresting officer will set the date for their arraignment. Since your loved one will be out of custody, the arraignment can take place within a few weeks of arrest, per the date the arresting officer provides upon release.

If the arresting officer does not set bail during the night of arrest, your loved one will be subject to arraignment the next business day. Since your loved one will be in custody, the arraignment must usually happen within 48 hours of arrest. It is the defendant’s first court appearance, during which the judge will decide whether or not to set bail.

First, the judge will read the charges against the defendant and require them to enter a plea. The defendant can plead guilty, not guilty, or no contest. If they plead not guilty, the judge can either set bail or deny them altogether. When deciding whether or not to set bail, the judge considers various factors, including:

  • The defendant’s criminal history
  • Whether they are likely to flee the jurisdiction
  • Their ties to the community
  • Public safety
  • The severity of their crime
  • The likelihood that they will appear in court

If the judge sets bail, you will have to post the amount before the jail release process can start. However, if your loved one is denied bail, they will have to remain in custody until their case is resolved.

How Bail Bonds Can Start Immediately

Once a bail amount is set, you will have three ways through which to pay. You could pay the amount yourself (cash bail), have a bail bond agency pay it for your loved one (a bail bond), or post it using collateral such as a home or car (a property bond). Should you decide to deposit the bail amount yourself, you will have to raise the entire amount necessary from your pocket or with the help of friends. This can be difficult, particularly if the bail amount is too high.

If you post bail using collateral, your loved one may have to stay in jail a little longer. That is because the court will need to appraise the property to ensure it is valuable enough. That said, posting a property bond to bail your loved one out at night may not be an option.

If you decide to hire a bond service, you will only have to pay the bondsman a percentage of the bail amount, and they will post the whole bail amount on your behalf. This percentage, as mentioned above, is the bondsman’s fee for their services; thus, it is not refundable even if your loved one makes all the court appearances.

Once you contact a bondsman, they will start processing your bail bond immediately, regardless of the time. If you wish to bail your loved one out at night or during the day, a bondsman can ensure the process moves smoothly and quickly. When working with a qualified bondsman, the bail bond process is swift and straightforward. Ensure you have all the essential information about your loved one to help expedite the process and minimize the time it takes for them to be released. Information you will need includes:

  • Your loved one's official name, date of birth, and address
  • The name of the jail facility holding them
  • Their supposed crime
  • Their booking number
  • The amount of bail imposed against them

The bail bond process can take place remotely, meaning you may not have to go to the bondsman's office. You can complete the bail bond paperwork, including the contract and application, through text, email, or online portals and append your signature via DocuSign. You can also make your premium payment remotely. Most companies have a wide range of payment options, so if one does not work for you, you can opt for the other one.

The legal procedure governing bail can be complex, and a bondsman's insight can help with correct document preparation and prompt submission. This rigorous approach speeds up the jail process, reducing delays caused by document-related omissions or errors.

Furthermore, a bondsman can provide expert and knowledgeable guidance during a difficult period. Your loved one being subject to an arrest at night, and you helping them navigate the complexities of the legal system, can be overwhelming. An experienced bondsman understands the stress and urgency of these kinds of situations. They can explain the bail process in detail, helping you understand every step. This knowledge can empower you and foster transparency, allowing you to make an informed decision regarding your options.

Examples from California Counties

In California, the time it takes an accused person to secure their release from jail after posting bail generally ranges from 2 to 12 hours. This timeline, however, varies significantly across counties for several reasons. Available data compares average jail release periods across various counties, generally measured from booking to release. The following is a stage release period for people who post bail:

  • In Orange County, 95% of inmates are released within five to twelve hours.
  • In Fresno County, 70% of inmates are released within ten to twelve hours
  • 65% of inmates are released within twelve hours in Los Angeles County
  • 75% of inmates are released within eight to twelve hours in Riverside County
  • 90% of inmates are released within six to twelve hours in San Diego County

Most counties strive to process releases within twelve hours, particularly for misdemeanor charges. However, some counties fall short more often than others. Orange and San Diego Counties lead in the quickest processing and jail release periods. Contrarily, Los Angeles jail facilities are known for administrative delays and overcrowding, resulting in longer wait periods even after bail is posted.

Factors that impact jail release timings include jail size and volume. Some counties have larger jail facilities than others. A larger jail translates to a higher volume of arrestees being processed. For example, Men's Central Jail and Twin Towers in Los Angeles are often busier since they process more inmates at a time. Other factors include time of day or weekends, shift changes, and a 1275 hold.

Faster release periods do not just affect accused persons. They also save taxpayers money and minimize jail overcrowding. Efficient jail-release systems are increasingly being recognized as an essential part of criminal justice reform.

Find a Professional Bail Bondsman Near Me

The process after you post bail for your loved one can take some time due to several factors, and the administrative work the authorities must do after bail processing. If you seek a professional bondsman’s help, your loved one will more likely secure their release much faster than usual. If you wish for your loved one to be released quickly after being arrested anywhere in California, we at Future Bail Bonds provide round-the-clock bond services to ensure our clients do not stay in jail any longer than necessary. Call us now at 714-515-5154 to begin the bail bond and jail release process.