Bail/ Jail Release Attorney in Orange County

If someone has been arrested, they can be held in jail until released or have posted bail. Bail is cash or its equivalent (real estate) that the court accepts in exchange for letting a defendant stay out of jail until the criminal case is concluded. The purpose of bail is to ensure the defendant makes all his/her required court appearances.

The amount of bail you will have to post is set according to a uniform countywide bail schedule. There are three ways you can post bail: pay the entire amount in cash or check, pledge real or personal property (e.g., your house or family member's house) or use a bail bondsman.

How a Bail Bond Works

A Bail Bond is a document (or contract), executed by a surety (insurance co.), which is a promise to pay the face amount of the bond equivalent to the sum set as bail, unless the defendant fulfills the conditions of the bond. When a bail bond is posted the defendant is released from jail. If the defendant does not appear in court or flees, the bail bond company is obligated to pay the court the entire bail amount.

Bail Bonds companies usually charge a non-refundable premium of 10% of the designated bail to post a bond with the court. For example, if the judge sets bail at $20,000, the bail bondsman will charge you $2000 to post bail. This percentage is the bond seller's fee for assuming the risk of the defendant not appearing in court, and is nonrefundable. 

Bail Bonds

Bail Bond companies generally require a "co-signer" for a bond (for example a family member, friend, or someone with excellent credit). Depending how serious the charges are, the bail bond company may also require a co-signer to pledge collateral (cash, a deed, or other valuable property). If you fail to appear, the bail bondsman will collect the bond amount from your co-signer to pay off the court. If the co-signer doesn't have the amount, the bail bond company goes after the collateral.

The Right Attorney Will Help

If someone you know has been arrested, getting him or her released from custody is a priority. An experienced criminal lawyer can get results quickly and efficiently. Before consulting a bail bond company, we recommend seeking the advice of an attorney. At the Law Offices of Michael Metaxas, you will be assisted by an experienced criminal defense lawyer who can help you in the following ways:

• Obtaining an OR Release. At the first court hearing, which is usually within 48 hours of the arrest (not counting weekends & holidays) we can argue to the judge that you are a good candidate for OR release because you can be trusted to appear in court, because of your lack or minimal criminal record, your employment and your roots in the community. If you are released OR, you will not have to post bail or purchase a bond.


• Obtaining a Bail Reduction. If the arresting agency sets a high bail, then we can argue for a lower amount. The court may reduce bail on a good cause showing. In determining whether to reduce bail, public safety is the court's primary consideration but it will also consider the seriousness of your offense, your criminal record and the probability that you will appear at trial.


• Keeping the Bail from Increasing. In some situations, a court may raise a defendant's bail at the first court appearance on a good cause showing. The court may even order that the defendant be committed to custody unless the increased amount is paid. We can usually prevent this from occurring.