WHAT IS THE BAIL PROCESS?

After an individual is arrested, booked, and charged, the defendant has an “Initial Appearance” before the Magistrate, typically within several hours of arrest. The Magistrate can (1) release the defendant without bail on a Written Promise to Appear in court or an Unsecured Bond; (2) set secured bail, which the defendant must pay or go to jail; or (3) deny bail so the defendant must go to jail.

Within several days of being seen by the Magistrate, the defendant has a “First Appearance” before a District Court Judge. The Judge reviews the recommended bail/bond set by the Magistrate as well as recommendations from the Orange County Pre-Trial Release Program, Again, the defendant can either afford bail, not afford bail, or is denied bail. If detained, the defendant may wait in jail for months or years between the First Appearance and his or her trial.