Health and Safety Code 11358
When a person is arrested for violating Health and Safety Code 11358, it means that the person has been arrested for the cultivation, harvesting or processing of marijuana. This is a felony offense with different assumptive bail amounts depending on the number of plants that have been found. The assumptive bail amounts will be the same for all states across California.
If a person is arrested for having fewer than 50 plants, then the assumptive bail amount is $5,000. If a person has between 50 and 99 plans, then the assumptive bail amount is $25,000. For 200 to 500 plants, the assumptive bail amount is $50,000. For more than 500 plants, the assumptive bail amount is $100,000.
When the option of bail is offered to a defendant, the defendant may choose to decline the bail. If the defendant does not have enough money to pay for the bail or the down payment for the bail and cannot find friends or family to help him or her pay bail, then the defendant may stay in jail while he or she awaits trial. However, many defendants choose to enlist the help of a bail bondsman to get out of jail while they await trial.
A bail bondsman will provide the full bail amount to the defendant in order to have the defendant released from jail. If the bail amount is $50,000, then the bail bonding agency will provide the full $50,000 bond and charge the defendant a down payment for the service. The down payment is generally about ten percent of the amount of the bail. So if the bond is $50,000, the defendant will pay $5,000 to get out of jail.
In most cases, the down payment is non-refundable. It may also be paid through a payment plan that is arranged by the bail bonding company or it could be paid using a credit card. If the defendant does not fulfill his obligation to the court, then he or she may have to pay more to the bail bonding agency as well. The bail bonding agency, however, receives a full refund of the bail amount as long as the defendant fulfills his legal obligation to the court system. |
