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Traffic Ticket in CA - Do I HAVE to pay bail BEFORE arraignment?

Arraignment is scheduled, want to know if I need to do anything [like pay] before that date?

3 Answers

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  • Anonymous
    8 years ago
    Favorite Answer

    The way California handles citations is unusual. When you "pay" the citation before the appearance date, you are actually posting bail--but the bail is in the amount of the fine. If you do not appear on the appearance date, the bail is forfeited, you are convicted, and the forfeited bail pays the fine.

    Even stranger is the legal way traffic school actually works. If you chose to go to traffic school, you do not pay a fine, you pay an administrative fee in the AMOUNT of the fine, plus an additional fee of about $50.

    So, if you do not intend to contest the citation, you will pay either bail or an administrative fee before the appearance date--and then not have to appear.

    If you wish to contest the citation, you can post the bail before the arraignment date and have the matter scheduled for trial. However, if you chose to appear for your arraignment without posting bail, constitutionally and statutorily you should NOT have to post bail pending your trial unless you are a demonstrated flight risk. Many judges think they can require you to post bail if you appear for arraignment, but when you object and mention Penal Code section 1270 (which says that those charged with minor offenses should usually be released without bail), most will back down. But note, this applies only if you appear for arraignment, not if you post bail beforehand.

    BTW, in most cases it does not pay to contest a citation. My usual advice is to pay it, go to traffic school, and take care of it all online.

    Source(s): 35+ years as a criminal defense attorney
  • ?
    Lv 4
    4 years ago

    Traffic Arraignment

  • 8 years ago

    I think you pay bail right after arraignment. I believe.

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