History

History:
Bail is to ensure the defendants appearance at trial. A bond guarantees the individuals appearance and guilt or innocence has no bearing on the return of the bond posted. Historically in England it was held that an individual may be held without bail upon the Kings command. Parliament argued that the King did not have
such authority. The English Bill of Rights established the right to bail. It was written for the protection of the citizens. The United States adopted similar rights under the 8th amendment of the Constitution and is a part of the Bill of Rights. However bail can be denied when the charges are sufficiently serious, most commonly in Capital cases. The Bill addresses the right against excessive bail and cruel and unusual punishment.

In California
Most of the 58 California counties established a dollar amount for the offense charged. This became known as the county schedule. In the majority of cases individuals would finance said bail bond through a bail bond Company, which are licensed through the California Department of Insurance. 10% was the usual amount charged by a California bail bond company. However, the legislature under Penal Code 1298 allowed for the use of government bonds and equity in real property to be used as a guarantee. Each county has a different set of policies and regulations related to the posting of a Property Bond. The majority of the 58 counties have an amicable attitude to the property bond procedure. In some cases the county wants County Counsel to review the documents and approve the property bond. In other counties the Criminal Law Clerk has a check off list of documents and procedu re. However, there are counties that under local rules attach so much red-tape to the process that it nullifies the purpose of the law and intent of the California Legislature. For example, the county requires the hearing to be a 10 day-noticed motion with notice to the District Attorney, requires a Title Insurance policy in the full amount of the bail, or requires that the Title Company be an Alta associate. None of this red-tape is required under Penal Code 1298.