When someone is arrested they are usually taken into custody by a law enforcement officer.

The arrest can be based on a warrant issued by a judge or because the peace officer has knowledge of circumstances that makes them conclude that there has been a crime. There are many laws that establish when an arrest without a warrant is justified.

Arrestees will be taken to a police station for “booking.” Booking involves a set of routine procedures that are followed to get the defendant registered into the criminal justice system. The individual will be fingerprinted and photographed. The identity will be verified and past records will be checked. Personal possession will be taken, cataloged and retained until release from custody. All information will be entered into a computer system.

The charge against the defendant and the specific circumstances of the case will determine whether the defendant will be released or not without seeing a judge. All jails have a bail schedule for the most common types of crimes. Generally, the defendant can be released on bail without seeing a judge if your case fits the norms for the bail schedule. If the case does not meet the requirements for immediate bail, the defendant will have to wait to appear before a judge who will set the bail amount.

The purpose of paying bail is to assure that you will return to court as directed. The amount will be set at a level sufficiently high that you will not want to forfeit it. You can pay the bail yourself if you have the financial means to do so. In most cases, the bail you’ve paid will be returned to you after the case is concluded.

If you don’t have the necessary funds to pay bail directly to the court, then you will want to use a bail bondsman. In California, the fee is 10% of the full amount of bail.  For example if the bail is set at $20,000 then the fee is $2,000.   The fee is nonrefundable regardless of the outcome of the case.