SECTIONS 1295-1298 - California Statutes

PENAL CODE

SECTION 1295-1298

1295. (a) The defendant, or any other person, at any time after an
order admitting defendant to bail or after the arrest and booking of
a defendant for having committed a misdemeanor, instead of giving
bail may deposit, with the clerk of the court in which the defendant
is held to answer or notified to appear for arraignment, the sum
mentioned in the order or, if no order, in the schedule of bail
previously fixed by the judges of the court, and, upon delivering to
the officer in whose custody defendant is a certificate of the
deposit, the defendant must be discharged from custody.
(b) Where more than one deposit is made with respect to any charge
in any accusatory pleading based upon the acts supporting the
original charge as a result of which an earlier deposit was made, the
defendant shall receive credit in the amount of any earlier deposit.
(c) The clerk of the court shall not accept a general assistance
check for this deposit or any part thereof.

1296. If the defendant has given bail, he may, at any time before
the forfeiture of the undertaking, in like manner deposit the sum
mentioned in the recognizance, and upon the deposit being made the
bail is exonerated.

1297. When money has been deposited, a receipt shall be issued in
the name of the depositor. If the money remains on deposit at the
time of a judgment for the payment of a fine, the clerk shall, under
the direction of the court, if the defendant be the depositor, apply
the money in satisfaction thereof, and after satisfying restitution
to the victim or the Restitution Fund, fines, and costs, shall refund
the surplus, if any, to the defendant. If the person to whom the
receipt for the deposit was issued was not the defendant, the deposit
after judgment shall be returned to that person within 10 days after
the person claims it by submitting the receipt, and, if a claim is
not made within 10 days of the exoneration of bail, the clerk shall
immediately notify the depositor of the exoneration of bail.

1298. In lieu of a deposit of money, the defendant or any other
person may deposit bonds of the United States or of the State of
California of the face value of the cash deposit required, and these
bonds shall be treated in the same manner as a deposit of money or
the defendant or any other person may give as security any equity in
real property which he or she owns, provided that no charge is made
to the defendant or any other person for the giving as security of
any equity in real property. A hearing, at which witnesses may be
called or examined, shall be held before the magistrate to determine
the value of the equity and if the magistrate finds that the value of
the equity is equal to twice the amount of the cash deposit required
he or she shall allow the bail. The clerk shall, under order of the
court, when occasion arises therefor, sell the bonds or the equity
and apply the proceeds of the sale in the manner that a deposit of
cash may be required to be applied.