What Happens When Bail is Not Posted?

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Question:  If I do not post bail for my friend, how long will they stay in jail with a $5,000 bail amount?

Answer:  If a defendant does not post bail, how long they will wait in jail depends upon the charges, jail,  jurisdiction and the courts. In the state of California,  the county jails are currently overcrowded.  If your friend were being held in a county jail with a bail amount that low,  and if  they were  non-violent, with a basically clean record, there is a pretty good chance of them being released on a “promise to appear” in court later.

Typically, when bail is not posted, the defendant will wait for their arraignment before a judge. The system has three business days to get the defendant before the judge.   At that time the defendant can either plead guilty or innocent.

In terms of bail, the judge has the authority to raise the bail, lower the bail, release the defendant on a promise to appear, or decide the defendant is not entitled to bail and remand them to jail.

Because of both the time frame of waiting for court and the discretion of the judge, most people will choose to go through the bail bonds process rather than wait to see the judge.

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