BY |

In California, posting bail lets you get out of jail while waiting for your trial. But before a judge decides on the bail amount, they check with California’s Pretrial Services to get more background information on you. Pretrial Services helps the court assess if you are a flight risk and if it is safe for you to be released before trial. They can recommend any conditions under which the court should release you, like suggesting electronic monitoring or regular check-ins to make sure you comply with the court’s orders.

This blog will discuss Pretrial Services, how they help the courts, and their role in the bail process.

Bail in California

Bail is money paid to the court to be released after an arrest. It serves as a promise that you will attend all future court hearings. If you don’t show up for your court trial, you risk losing the bail money, and the court could issue an order for your rearrest.

After the case ends, and you have attended all your hearings, the bail money is usually returned to the person who paid it, regardless of the case outcome.

What are Pretrial Services?

In California, Pretrial Services are public agencies affiliated with the court that give background information about defendants in custody and facing legal charges. The court uses this info to decide whether a defendant can be released before trial. Pretrial Services also monitors defendants released on Supervised Own Recognizance (S.O.R.) and helps them appear in court as required.

Pretrial Services in California has the following functions:

Background Checks and Release Recommendations

Pretrial Services officers look into, confirm, and assess background information for defendants accused of crimes. They verify where the defendant lives, their job, and family connections. They also check criminal records, get references, and look into ongoing cases and how the defendant did in past cases. Comments from probation or parole officers about how likely the defendant is to follow court rules and show up in court are included, too.

Pretrial Services writes up recommendations for whether to release or keep a defendant in custody, which the Court considers when deciding on:

  • Whether to let a defendant out on their Own Recognizance

  • Whether to let a defendant out on supervised Own Recognizance

  • Changing bail amounts

  • Keep a defendant in custody while they wait for trial

The judge usually looks at the release recommendation during the in-custody arraignment. Before making a release decision, the judge also considers flight risk and community safety.

Monitoring Pretrial Defendants

Pretrial Officers keep an eye on defendants who get conditional or supervised release. How closely they are monitored depends on court orders and the charges against them. For instance, those charged with violent crimes get more supervision. Defendants charged with substance abuse typically have to stay clean and will be tested for drugs.

They also update the court about compliance issues and suggest necessary actions. Pretrial Officers also assess how defendants are doing and share their findings with the Probation Investigations Unit when necessary.

Role of Pretrial in Bail Release

Pretrial Services writes a report for the court after completing its investigation, with recommendations that help the court decide whether to release you on bail or keep you in custody until trial. The report looks at how likely you are to succeed if released into the community and includes the officer’s recommendation for release or detention. If you are released on bond, Pretrial Services will supervise you until your case is dismissed, you are found not guilty, or your sentence starts.

The officer can suggest that the court set specific conditions. Here are some examples of what the judge might order before allowing your release on bail:

  • No contact with your children or witnesses in the case

  • Don’t have a firearm or other weapons

  • Stay away from your home or workplace

  • Don’t drink alcohol or use illegal drugs

  • Avoid certain addresses, streets, or towns

  • Wear a GPS monitor

  • Attend an alcohol or drug treatment program

  • Live with a specific person, like a parent, who will supervise them

  • Look for or keep a job

  • Get medical, psychological, or psychiatric treatment

  • Follow a curfew

  • Check in with a probation officer regularly

Pretrial Release Options

State law allows different types of pretrial release, also known as bond. A bond is a written promise, and a bail bond is an agreement between the defendant and the court, or between the defendant, a guarantor, and the court.

Bonds can be unsecured, requiring a promise to appear in court, or they might have extra conditions like financial guarantees or supervision by a pretrial services agency. The main types of bonds in state law include:

  • Conditional release

  • Release on own recognizance

  • Secured bonds

  • Unsecured appearance bonds

Types of Bonds

Below are the different types of bonds allowed for pretrial release:

Own Recognizance

These are agreements where the defendant promises to show up in court. Release authorities can issue them after an arrest or by law enforcement in the form of a citation instead of an arrest, which is allowed in all states for some offenses.

Conditional Release

Most states allow this, where defendants agree to appear in court, but the court can add extra conditions, like supervision by pretrial services or other kinds of monitoring.

Secured Release

These bonds involve a promise to appear and a financial condition that the defendant must meet upfront to ensure they show up, or for public safety.

Here are some types of secured bonds:

Surety Bonds

A surety bond is a deal between three parties that guarantees an individual will meet their obligations. A surety or insurance company manages this agreement, which includes:

  • Principal—The person who needs to get the bond, like a contractor

  • Obligee—The person or entity that requires the bond, like a government agency

  • Surety—The insurance or surety bond company that backs the principal’s performance

If the obligee thinks the principal has broken any laws or rules tied to the bond, they can file a claim against the principal’s bond. The surety company will pay the claims first, but the principal has to pay back that money to the surety.

Cash Bail

With cash bail, the defendant or their loved one pays the total amount using cash. Once the defendant shows up for all court dates, they get their cash back minus some fees. Cash bail is easy to understand, but it can be tough on the wallet.

Property Bonds

Property bonds use real estate as security for the bond. You need a professional assessment to figure out the property’s value. While property bonds can cover bigger bail amounts, they involve more complicated legal steps.

Find a Bail Bonds Company Near Me

Bail is a legal tool that balances the right to be released before trial with the need for public safety and accountability for defendants. Before deciding on a defendant's pretrial release, judges carefully consider factors Pretrial Services suggests, like your criminal background, current charges, financial status, and flight risk.

If you or a loved one has been arrested and requires bail to secure your release, understanding the decision-making process can help you take the right steps, ask the right questions, and prepare well. At 24 Hour Bail Bonds, we are here to help you throughout this process. We can help you post your bail if it is too expensive for you. Call us today at 800-930-8999 to speak to one of our bail bondsmen.