BY Jesse Black |
The state of California has a stringent bail bond system. If you or someone you know needs to post bail, this article can help provide some guidance on what to expect and how best to prepare for the process.
Bail bonds in California are unlike any other type of bail bond because they typically require extensive paperwork and collateral before being granted by a judge. The following information will serve as an introduction for anyone who is unfamiliar with the process of posting bail in California and what you need to know if you find yourself or a loved one in a situation where you need one.
What Is A Bail Bond?
When a person is accused of a crime or arrested, they will be held in jail until they go before a judge. If the person is unable to afford bail, he or she will have to remain incarcerated while awaiting trial for their crime. If you or a family member is unable to pay the bail amount since they’re usually very high, you can seek the assistance of a bail agent to help you get released. This is where a bail bond can help.
A bail agent is someone who provides services that typically involve posting the total amount of the person’s bail and then collecting payment for both their fee and 100% of the total amount after they’re released from jail.
Bond companies are open around the clock to help defendants and usually require a down payment in order to be released. The bail agent will have all information of the case, including the jail location, booking number, charges, and legal name of the defendant.
Defendants will have to sign paperwork and offer some type of collateral to guarantee that the defendant won’t go on the run and skip out on court appearances. If they don’t appear at their hearings, the bail bond is relinquished, and the court will demand that you pay the entire bail.
How Is Bail Set?
Your bail is usually set with what is called a bail schedule. This schedule varies depending on the county, but bail is typically set depending on the crime committed on the person’s first court appearance. After that, they might either allow a person to be released on their own recognizance, or they might deny it and set bail. The judge will look at factors such as the defendant’s criminal history, how serious of a crime was committed, whether the defendant is on probation and whether they’ve missed appearing in court before.
Who Has The Right To Bail?
While different states have different laws, defendants have the right to bail unless they’ve been charged with a capital offense. There are other exceptions to this, including if you’ve been charged for felony sexual assault, felony offense with “acts of violence,” or with the threat of great bodily harm. Bail should be set if you don’t fall in any of those categories and aren’t deemed a danger to the public or a flight risk. The cost of the bail will vary depending on the specifics of the case.
The 6 Types Of Bail Bonds In California
There’s more than one type of bail bond that might be applicable to your case, depending on the specific situation, crime committed, the jurisdiction where you were arrested, and your past criminal offenses. Here are the six most common types of bonds you’ll find in California.
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Cash Bond
With a cash bond, a person is required to pay a certain amount of money in full with the court. They can pay either with a debit card, credit card, check or pay in full with cash. As long as the defendant appears for their hearing, they will have their bail money returned within a few weeks after the court case has ended.
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Surety Bond
This is one of the most common bonds you’ll find available at most companies that offer bail bonds. A bondsman will pay for the amount of your bail but will require you to pay 10% of the total cost of the bail. You may also need to have a co-signer or put down other collateral just in case you don’t show up for the designated court date.
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Property Bond
With property bonds, the defendant is required to either put their property in order for them to be released from jail. There will be a lien placed on the property until the defendant shows up for their court dates. The property value will need to be double the value of the bond. Property bonds take a while to be approved, as you must submit specific paperwork and have your property appraised to ensure its value is accurate.
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Own Recognizance
Own recognizance is when a defendant is allowed to sign an agreement promising they will show up for all court dates without the need of posting bail. This is usually only allowed in cases with no prior criminal convictions or for minor crimes.
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Federal
Federal bonds are used if a defendant is facing a federal crime. They work similar to Surety bonds but require a minimum of 15% of the total bail amount because the bail is generally more expensive. Plus, federal bonds are backed by insurance companies.
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Immigration
Immigration bonds have the highest fees, ranging from 15 to 20% of the total bail amount, and are used to release illegal defendants that are detained by ICE (Immigration and Naturalization Service).
How Much Do Bail Bonds Cost?
Bail bonds vary depending on many factors, including the location, charges, and payment method used. Most bail bond companies will charge at least 10% of the bail amount. However, there may be discounts available to lower this payment to 7% or allow you to enroll in flexible payment plans.
What Are The Terms And Conditions Of A Bail Bond?
When you need a bail bond, you’ll have to sign a bail agreement in order for the funds to be released on your behalf. This contract is between the bail agent and the defendant. It includes the defendant’s contact information, the date the bond was executed, the bond amount, criminal charges, and where the defendant will have to appear.
Signing this agreement means that you assume responsibility for ensuring that the defendant, or yourself (if you are the defendant), arrives at court for all scheduled appearances. If the contract or agreement conditions are not met, the collateral will be seized to pay back the bail amount to the court, as the bondsmen are still responsible for that amount.
4 Steps You Need To Take After Getting Arrested
If you or somebody you know has been arrested, it’s essential to know the steps you need to take to ensure bail can be posted. The first option is to always pay for it with cash, credit card, or debit card. However, this is not always possible depending on your financial situation. This is when a bail bond agent can help!
Call Bail Bonds Agent
Once you have been processed at the jail, most jails will allow you to make a phone call. Call your bail agent and let them know what happened so they can start working on your case immediately! You’ll need to present some information to have the bond processed, including the name of the person arrested, their booking number, the jail location, and what they’re being charged with.
Fill In Your Information
Once you have supplied all of this information, the bail bond agent will put together the necessary paperwork needed to have bail posted. This agreement includes the percentage you’ll need to pay upfront, which is typically 10%, as well as signing off on any additional collateral required. You’ll have to sign the paperwork in order to move forward. Payment plans are usually available as well and most cases in California do not require collateral.
Post Bail
The final step is to post bail, which is when the bond agent will typically show up at the jail and post the bail to release you or your loved one.
Leave Jail
The next step is processing, which can take anywhere from ten minutes to a few hours, depending on how crowded the jail is at that moment. From there, you’re free to live your life until you need to show up for your court appearance. Remember, failing to show up for court forfeits your bail bond, along with the collateral you put down.
Conclusion
A bail bond ensures you don’t have to sit in jail, waiting for your trial date, and instead allows you to return to your everyday life until your court appearance. With the information above, you now understand what bail bonds are, the different types of bail bonds available, and how they work.
To learn more about this process or get help securing your release from jail, don’t hesitate to contact us at future bail bonds! With a few easy steps, you’ll be able to get home safe and not have to spend your time waiting in a jail cell. In addition, we’ll be happy to answer any questions you may have regarding your rights as it pertains to getting out of jail and securing a bail bond.