Bail in California Traffic Court

If you try to fight a traffic ticket (speeding, red light, red light camera, stop sign, unsafe lane change, HOV violation, etc.), you might be surprised by what happens at your arraignment.

"Bail" was originally created to secure a defendant's availability in court.  The idea being that if someone puts up a sum of money, they have an incentive to return to court.  The possibility that a defendant might fail to appear at a future court date has taken a back seat lately to public safety concerns, and bail policies have changed to reflect public safety concerns.  Now, instead of just demonstrating that a defendant is not a "flight risk" the defense must also show that the defendant does not pose a danger to the public.

Bail is used for these purposes in California traffic matters.  If you don't show up to your traffic trial, your bail is forfeited and you are found guilty of the traffic infraction.  So bail does solve the Failure to Appear concerns a court might have.  At the same time, bail conditions can restrict someone's rights in such a way as to protect the public.  A condition of bail might be that the defendant may not drive, may not drive with any measurable amount of alcohol in the system, may not drive at night, etc.

Ultimately, though, bail in traffic matters achieves one thing: guilty pleas at arraignment.  If fighting your ticket costs more than paying it (and you have less time to come up with bail money than to just pay the fine), more people will plead guilty, more people will just pay the fine and the courts run more smoothly.  Although ultimately winning your case at trial means that you will get your bail money back, the idea of parting with your money before a conviction isn't appealing.  In some cases, defendants who need extra time to pay have to plead guilty because they wouldn't be able to come up with the bail amount.

This is one major advantage of retaining an attorney for traffic matters.  Not only does having an attorney represent you give you the best chance of avoiding a conviction, but it can save you time and money.  Bail money.  When an attorney enters his/her appearance on your behalf, you do not need to be present in court.  You save two days of your time and WILL NOT NEED TO POST BAIL.  Worst case scenario, you get more time to pay than you would have gotten otherwise.  Best case scenario, your case will be dismissed. 

If you've got traffic tickets in California, hiring an attorney might very well be your cheapest solution.  It definitely gives you the best chance at success, but you probably thought it was cost prohibitive.  With representation for traffic matters as low as $200-$300 per ticket, you should always at least consult with an attorney before paying $500 in fines or bail or before attempting to represent yourself. 

Best,

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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