Can I bail someone out the day before their arraignment? 12 Answers as of March 08, 2011

Is it wise to bail someone out the day before arraignment or should we wait, and if we do bail him out before will he still end up going to jail after the arraignment?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes. No one knows whether or not it is a good idea to do so ahead of time. Court may reset bail lower or it could also raise it.
Answer Applies to: California
Replied: 3/8/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You can bail someone out whenever you wish. It is usually wise, however, to wait until after the arraignment to see if the bail can be reduced or eliminated.
Answer Applies to: California
Replied: 3/7/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Unless it is a no bail detention, they can be bailed out. It might be smart to wait for arraignment, to see if OR can be obtained, or bail reduced, before spending your money. Youll need money to spend on attorney fees, so minimize or avoid paying non-refundable bail premiums. An attorney at the arraignment will have a better chance of obtaining that outcome. If this is in SoCAL courts, and if youre serious about hiring counsel, feel free to contact me.
Answer Applies to: California
Replied: 3/4/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Definitely wait. The case might not be filed. The charges might be filed as misdemeanors. This is one of the most common, and worst, mistakes people make. There are good and decent bail bondsmen out there, but there are many unscrupulous ones as well, with very predatory practices. It is a shame, and there is very little regulation of the industry. Sometimes, law enforcement agencies even coordinate with favored bail agencies to direct profits. Always wait at least three court days to bail out.
Answer Applies to: California
Replied: 3/3/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You can bail him out before arrangement. If you think he may get a OR release at arrangement then wait. Once bailed out he will stay out unless he does something stupid.
Answer Applies to: California
Replied: 3/4/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Yes. Sometimes the bail can be increased at the arraignment, sometimes it can be decreased. My recommendation is if it is possible to bail the person out now, do it now.
    Answer Applies to: California
    Replied: 3/3/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    He stands a good chance of getting his bail lowered at the arraignment so your bond fees will be cheaper. Also if you have private counsel (not the public defender) they should only charge you 8% not 10%, Question the bondsman before you hire him. If he doesn't want to reduce the percentage find another. Let him wait one more day. If you do bail him before arraignment, it is only if the DA presses more charges that he will go back to jail - but it is stupid. Just let him wait a day and make sure you can a criminal lawyer who knows what he is doing. If he is in the Bay Area call me Dennis, at 510 465 6363 or I can send you to a good lawyer.
    Answer Applies to: California
    Replied: 3/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    At the arraignment the Judge could eliminate, increase, or reduce the bail. However, unless circumstances have changed, Judges usually don't up the bail, especially when the defendant had just bailed out the day before.
    Answer Applies to: California
    Replied: 3/3/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    Yes, call us now.
    Answer Applies to: California
    Replied: 3/3/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You can bail someone out before the arraignment. Depending on the situation, it is possible that the person would be released on what is called "O.R. release" by the Judge. Your Attorney can request this and put up a fight for O.R. release, but it is at the discretion of the court at that point, and would depend on how serious the charge is. If you do bail someone out, then they would potentially be able to stay out of jail during the proceedings on that same bail already posted. It is also possible that the Judge could increase the bail amount...or potentially deny bail altogether in serious situations. What is the charge? I can give a better assessment on what I think depending on the Court you are in, and the charge. Call me.
    Answer Applies to: California
    Replied: 3/3/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    You can bail someone out before the arraignment, but I dont advise it. The bail amount often changes at arraignment, for better or for worse. If bail goes down, you dont get a refund from the bond company. If bail goes up, the person goes back into jail until the new amount of bail is posted (assuming that you can afford the new amount).

    Depending on the case, the person might also be able to get released without any bail.
    Answer Applies to: California
    Replied: 3/3/2011
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