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The basics of Bail on San Diego DUIs

| Aug 19, 2015 | Firm News |

A large majority of my clients went to jail due to an arrest.  These people all used bail to get out.  Bail is one of the many issues someone has to deal with in San Diego DUI cases.  They have to learn issues they had previously only had heard on TV.  

So what is bail?

Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear). In some cases, bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime accused. If a bondsman is used and a surety bond has been obtained, the fee for that bond is the fee for the insurance policy purchased and is not refundable.

San Diego DUIs usually come with a bail schedule of $2500.  Someone can either post the full $2500 or go to a bonds company and pay 8-10% of the cost.  If the person uses the bail they have to ensure they stay in contact with the bonds company on the progress of the case.  

In some countries, granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Legislatures may also set out certain crimes to be not bailable, such as those that carry the penalty of capital punishment. Even for lesser crimes, bail will not be granted if it is deemed likely that the accused will flee, tamper with evidence, or commit the same offense before trial.


How a San Diego DUI and bail usually work

When someone gets arrested they are asked whether they want to bail out.  The cost is explained to them.  Most people cannot get the process done fast enough because jail is horrid.  The person contacts the bail company from jail.  The process typically takes 6-12 hours to complete.  

In San Diego DUIs, once a person gets out they usually are heading to the tow yard to get their vehicle out.  Between bail and a tow, a person can easily be in the hole $700 or so before they begin to search for an attorney.

I want to take a second to give pause to those who do not think of the people who are ACCUSED of San Diego DUI and later find out their BAC is nowhere near .08%.  The two beers they told the cop was actually that.  They were arrested….taken to jail.  They paid bail and took the tow from the yard to find out they were .05%.  They get no refund.  Just thought this is a fitting place for a lot of people who get caught up in the net of DUI ivnestigations.

Our office is very sensitive to the bail situation of our clients.  We communicate it to the prosecution.  We ensure the clients has the documents to keep the bail company happy.  Bail is one of the many facets you have to keep smooth when dealing with a San Diego DUI.

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