Pretrial Release

Release Following Arrest


If you have a loved one who has been arrested by the police in California, you will want to arrange for their release from jail. There are basically two forms of release following an arrest. The first type of release is bail. For a person to be released from jail on bail, it is necessary to either secure the services of a bail bond agent or pay the full amount of bail with cash or a cash equivalent to the Superior Court. A bail bond agent receives a fee for posting a bond. The typical fee a bail bond agent is paid for bail is ten percent. However, Robert Tayac’s office has developed relationships with California bail bond agents enabling his clients to obtain bail at a significant discount and with terms which makes bail attainable for more people.

The fee bail bond companies is not refundable. Alternately a defendant can post cash bail that is fully refundable, after the criminal case is concluded. If a lawyer files a bail motion the court may reduce bail. It takes at least two days to get a court date for a bail motion. Friends, employers or family members who post bail for a defendant who fails to appear for court may be civilly liable for the entire amount of the bail.

Own Recognizance (OR) Release

If a person is not bailed out of jail, they will be taken to court to be Arraigned within two court days of their arrest. Arraignment can be delayed if the arrest takes place on a weekend or holiday. At the Arraignment, the issue of pretrial release will be discussed. It is critical that the accused be represented by a qualified lawyer with specialized experience handling criminal cases at the Arraignment in order to maximize the likliehood of securing own recognizance release on the best possible terms.

Prosecutors typically oppose a defendant’s pretrial release from custody or seek high bail or conditions even when the incident the defendant is charged with happened months or more before their arrest and the defendant has been out of custody without their being any other incidents between the accused and the accuser. Prosecutors frequently argue that the accused should stay in jail because they might reoffend. Judges often refuse to release a defendant pending trial because they are concerned that the accused will have future incidents.

Supervised Own Recognizance (SOR) Release

Supervised Own Recognizance release or SOR is often imposed as a condition of Pretrial release in criminal cases where the court has concerns about the accused returning to court or reoffending while out of custody.

The police usually book the people they arrest on the most serious charges in criminal cases. This usually means a felony arrest on the accused’s arrest record. Statutory felony bail is much higher than misdemeanor bail. In many cases the district attorney will file misdemeanor rather than felony charges. This results in a substantial decrease in the bail amount. However, the accused will have to spend time in jail until the district attorney actually charges the case. A defendant who stays in jail until Arraignment, usually within three days, can ask the court to reduce the bail or release them on their own recognizance without posting bail. Defendants who have warrants from other counties or who are non-citizens may have an immigration hold imposed by the United States Immigration and Customs Enforcement (ICE) and may not be eligible for release on bail.

In many cases defendants who have no money to post bail stay in jail on a no time waiver basis for over 30 days, only to have the charges dismissed on the day of trial. In criminal cases the right to a speedy trial is within 30 days of arraignment for a misdemeanor charge.

A defendant who posts bail may be obligated to attend a treatment program while their case is pending. If the defendant makes any admissions about his or her case in the group counseling sessions, his or her group leader may inform the prosecuting district attorney, in spite of the patient/client privilege.

Experienced California Lawyer

The stakes are high in a California criminal case. Any criminal conviction in California may result in jail, large fines, mandatory counseling, mandatory alcohol education classes, personal conduct orders, stay away orders, and other punishment. For that reason, it is critical that that a person charged with a crime have only a qualified criminal defense lawyer to handling the case from the earliest possible moment.

Robert Tayac is recognized as being among the top criminal defense lawyers in California and represents clients in Califonia criminal cases. Attorneys, investigators and experts working with this law office represent clients in the Northern California criminal courts located in San Francisco, San Mateo Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties. Additionally, lawyers of this law firm represent clients seeking or defending against temporary restraining orders and no harassment orders before the superior courts of San Francisco, San Rafael, Redwood City, South San Francisco, Napa, Oakland, Palo Alto, Walnut Creek, San Jose and Santa Rosa. The firm accepts only California domestic battery cases, California temporary restraining order actions or California driving under the influence cases.

Office Locations and Areas We Serve

Mr. Tayac represents clients who have been arrested in the following counties as well as other cities throughout California and can meet clients at one of several office locations in Northern California.

San Francisco
San Mateo County
Marin County
Alameda County
Santa Clara County
Contra Costa County
Napa County
Sonoma County
Palo Alto
Walnut Creek


Oakland DUI Lawyer
San Mateo Lawyers
Napa DUI Lawyer
San Rafael DUI Lawyer