
If someone has been participating in elder abuse, that person is violating penal code 368. This penal code violation comes with a misdemeanor charge and an assumptive bail rate of $50,000 for the county of Contra Costa. Chances are good that the defendant would get out of jail on a bail bond in this situation, unless the judge considers the person to be a threat to the lives of someone. For example, if the situation were one in which the defendant threatened to kill anyone that turned him in for elder abuse, then the judge may deny bail.
When a judge sets the bail amount, keep in mind that the assumptive bail is really only an approximate bail amount and is usually a starting amount. If the defendant is arrested for multiple abuses and other offenses, then the bail amount can be set at a much higher rate. For example, the bail might be set at $50,000 for each person that the individual as accused of abusing in addition to other crimes that he or she may have been accused of committing.
Also, keep in mind that just because a judge sets a bail does not mean that the defendant will pay it. If the defendant fails to pay bail, then the defendant will stay in court to await his or her trial. Often, it happens that bail is set at a rate that a defendant cannot afford to pay. In such a case, the person has no other option than to wait in court.
Bail bondsmen are available to help defendants make bail. However, most credible bail bondsmen charge about ten percent of the total bail amount for their fees. So, for example, if this individual were in jail on a $100,000 bail, then he or she would have to pay $10,000 to the bail bonding agency in order to get out of jail on bail. This fee would not be refundable. However, the bail bondsman’s fee would be refunded by the court as long as the defendant showed up in court for the trial. As you can see, because of the cost of getting out of jail on bond, many people choose to wait for their day in court while in jail.