If you are arrested, what follows is a bail hearing that determines the bail so that you can be released from custody. However, high bail costs can make it challenging to secure your pre-trial release. A bail bond is a practical solution if you cannot pay the total amount. With a bail bond, you do not have to pay bail from your finances.
You only have to pay a fraction of the set amount, the bail bond fee, and then the bail bondsman will post your bail. This way, you can return to your everyday life, work on your defense, and take care of your responsibilities while waiting for trial.
At El Don Bail Bonds, we handle the financial part of bail, so you can focus on what matters. Our experienced Cathedral City bail bonds team is committed to helping ease this process. If you are in jail, contact us today to secure your release and put your mind at ease during this difficult time.
What is Bail?
Bail offers an opportunity to remain out of custody while you wait for your trial, and it is part of your right to a fair and balanced legal process. When charged with a crime, the court will set a bail amount, which is the financial commitment to return to each court appearance you must attend. This amount is based on:
- The severity of the offense
- Your criminal background
- Your ties to the community, and
- How likely you are to appear in court
The court holds the bail amount as a guarantee. If you go to all court dates and follow any release conditions, you can get your bail back at the end of your case minus any fees. However, failing to appear in court means the bail amount is forfeited. In addition, the court can issue a bench warrant for your arrest, which will result in even more penalties.
The nature of the charges and risks involved are the deciding factors in the bail amount. Minor offenses result in lower bail amounts, thus enabling a faster release. On the other hand, more serious crimes attract higher bail amounts, which are often challenging to afford. In other more grave crimes or where there is a very high flight risk, judges will not grant bail at all and will keep you in custody.
Posting bail extends beyond securing your short-term freedom. It allows you to carry on with work, attend to personal responsibilities, and work hand in hand with your attorney to build a defense.
Bail Increase and Reduction
Bail amounts that judges set can change as your case circumstances change. The judge could increase the bail sum if new information arises. For example, they could increase the amount for your current crime if it violates your parole or probation. This adjustment acts as a safeguard, enabling the court to reassess the risks associated with your release. Posting your bail promptly can also help you avoid potential increases in bail. Doing so limits the opportunity for new factors to influence the judge's decision.
On the other hand, reducing bail follows stricter guidelines. Ordinarily, a judge cannot reduce the bail set except in exceptional circumstances. Valid justifications for reduction usually do not include attending court hearings or not committing further offenses. However, as in any legal matter, bail is subject to change due to new evidence coming forward or other developments, like changes in legal proceedings. This requirement is necessary to make the bail reflect the weight of the charges and your responsibilities. However, this does not mean that the first bail setting was amiss. It only means that the legal context has changed. If these changes occur, the court could decide if the bail terms can be modified.
If you have not posted bail, you can request a bail review hearing within five days of setting that initial bail. This is a chance to present your side and, if you have issues with meeting the original bail conditions, to explain what they are. It is an opportunity to argue for changes that fit your situation.
Procedural requirements are imposed on specific offenses, like violations of protective orders, domestic violence cases, or felonies. In these cases, you have to give a two-day written notice to the prosecutor and then ask for a bail hearing. This requirement ensures that the prosecution has sufficient time to prepare, especially when public safety is a concern.
Can Agreeing to Bail Terms Lower the Value of My Bail?
A judge could decrease your bail if you agree to specific terms and conditions and demonstrate your accountability and commitment to following court directives. An experienced criminal defense attorney can significantly improve your chances of negotiating favorable bail terms with the court. These conditions aim to assure the judge that you are not a flight risk and that you will follow the legal requirements during this time before your trial.
One common condition is house arrest with an electronic monitor. This arrangement restricts you to one area, your home, and allows authorities to keep tabs on your location. If you propose this arrangement, tell the judge you want to stay available and responsible throughout the legal proceedings.
The bail conditions may also include travel restrictions. With travel restrictions, you are restricted to a particular geographic area or must get permission before traveling. This only adds to the belief that you neither plan to avoid the legal system nor plan to defy the conditions set by the court.
Moreover, handing over your identification documents can show you are ready to comply with court orders. Handing your driver’s license, passport, or other forms of ID to the court means you are serious about staying in your jurisdiction, and law enforcement can easily verify your identity.
It can also be a strong indication that you are prepared to deal with problems that might result in criminal activity when you participate in a substance abuse treatment program. Agreeing to enter treatment or regularly testing drugs shows the court and authorities that you are serious about recovery and rehabilitation. It also demonstrates that you want to help ease any present concerns they have about your behavior while on release.
Bail agreements also include community supervision. In most cases, this condition requires you to meet with a probation officer or another person specified for continuing monitoring during the pre-trial period. These meetings remind you of your responsibilities and keep you committed to obeying the law.
How to Post Bail
When you need to post bail, you generally have three main options:
- Cash bail
- Property bail and
- Cathedral City bail bonds
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Cash Bail
Posting a cash bail requires you to pay the bail amount to the court all at once in cash. If you attend all court appearances, the court refunds your payment in full, minus any administrative fees. The benefit of cash bail is that it is fully refundable, which is attractive if you have the money. However, bail amounts are often set high, and most people cannot get them all immediately.
Cash bail is an option if you have immediate financial resources. However, it is difficult for those who do not.
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Property Bond
A property bond is an alternative when cash bail is out of reach. With this bond, you take real estate or another high-value asset and submit it as collateral to the courts rather than cash. The court then puts a lien on your property, putting a legal claim on the property if you meet court obligations. If you go to every court date, the lien is released, and you keep your property. However, if you miss a court appearance or violate conditions, the court can take the property and sell it to compensate for the bail.
A property bond is a viable option for those with substantial assets but little liquid funds because it requires the property’s equity to be equal to or greater than the bail amount. However, using property to post bail often takes longer than cash bail because it involves property appraisals, legal documentation, and court approvals.
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Cathedral City Bail Bonds
If you cannot pay the full bail amount upfront or do not have property to use as collateral, bail bonds provide a reliable option. If you opt for this option, a licensed bail bondsman will post the bail on your behalf and thus secure your release. In exchange, you pay your bondsman a nonrefundable fee, generally 10% of the total bail amount. The fee covers the bondsman’s service.
After the bail bondsman has bailed you out, they become responsible for getting you to court appearances and ensuring you do not miss any court appearance or condition. If you fail to appear in court, the bail bondsman is on the hook for the entire bail amount. To minimize this risk, bail bondsmen often keep an eye on their clients with regular check-ins, and, in cases where a defendant does not show, they hire bounty hunters to find them.
The affordability of a bail bond is its primary advantage. Cathedral City bail bonds are an alternative for many since instead of paying the full bail amount upfront, you pay a fraction as a fee. However, this fee is nonrefundable even if you meet all court obligations and your case ends up favorably. This differs from cash bail, where you can generally expect a full refund after you comply with court requirements.
The bondsman may request additional security for higher-stakes cases with large bail amounts. Sometimes, this means having a cosigner. If you fail to meet your obligations, this person will take on the financial responsibility. Collateral, including cars, real estate, or other valuable assets, may also be required of bondsmen to protect further the sums they use to post bail. The bail bondsman holds collateral to ensure you comply with the court's conditions. It also lowers the risk of losses if you do not meet court expectations.
The lower initial cost of a bail bond is appealing to many. However, the non-refundable fee and the fact that there may be additional conditions are issues to consider carefully. Using collateral means you could have your assets seized if you fail to appear in court or violate the terms of your bail. It also means co-signers could face legal repercussions.
The Impact of Failing to Appear in Court
If you fail to appear in court, the judge will consider this a serious lack of respect for the legal process, which can have a cascade of effects.
Failure to appear charges is one of the immediate outcomes of skipping bail, which adds a new criminal charge to your record. This charge complicates your original case, and you may face harsher penalties if convicted. When you fail to appear, the court will issue a bench warrant for your arrest, so the law will actively pursue and detain you. If you are arrested under these circumstances, you will have limited options for release, complicating your overall legal strategy.
Furthermore, judges and prosecutors view failing to appear as an indication that you are a flight risk. It can drastically change the terms of any future bail applications. If you are rereleased on bail, the amount will probably be higher, so raising the money to get you out will be more challenging. Moreover, the court could impose stricter conditions on your bail.
Failure to appear can also undermine your credibility in the eyes of the court. Your past actions will be taken as a sign of irresponsibility, and prosecutors will be more inclined not to be lenient or unwilling to negotiate plea deals. If your case goes to trial, the judge may have a different perception of your character and could be less inclined to be lenient if you are convicted.
It can also put extra strain on your relationships with people who helped you get bail in the first place. Co-signers or individuals who provided collateral could experience financial loss and feel compelled to distance themselves. This will further complicate your support network during this difficult time.
Common Bail Violations
If you do not follow the conditions set by the court when you were granted bail, you are said to have violated your bail. Knowing the violation is necessary because it can significantly impact your legal standing and the progress of your case.
Here are the most common forms of bail violations you should be aware of:
- Failing to appear in court — The most common violation is missing a scheduled court date. Courts view this absence as a grave disregard of legal obligations. This violation attracts further charges and harsh penalties.
- Ignoring court orders — These may include certain specific mandates, like restraining orders or limiting contact with specific individuals while on bail. If you do violate these terms by, for example, contacting a protected party or leaving the jurisdiction without permission, you can be subjected to very severe consequences.
- Substance abuse — While you are out on bail, courts often prohibit the use of drugs or alcohol. The results can be a violation, especially if you are subject to regular drug testing while on bail.
- Committing new offenses — Engaging in criminal activity while out on bail is a more serious violation. The consequences of an arrest for any new offense can be immediate, including bail revocation and an arrest warrant.
- Failing to meet reporting requirements — Some bail agreements require you to keep an appointment with a probation officer or other official on regular check-ins. If you do not attend these appointments, your bail conditions can be violated.
- Non-compliance with monitoring devices — If your bail includes requirements for electronic monitoring or house arrest, tampering with that device or violating the rules can be considered a violation.
- Unauthorized travel — You may be restricted to a particular geographic area and may be required to have permission to travel outside that area. Ignoring these travel restrictions is a violation.
The consequences of bail violations are serious. The judge can order a bench warrant for your arrest, revoke your bail, and raise the bail amount for future applications. These violations can also hurt your case, making reaching a favorable resolution much harder.
Ensure you understand the conditions of your bail agreement and then follow them to the letter to avoid potential bail violations. If you have questions about your bail terms or are accused of violating them, get help from a qualified attorney or a Cathedral City bail bondsman.
Jail and Courthouse Information
Jail Information
Cathedral City Police Department
Court Information
Superior Court of California, County of Riverside - Palm Springs Courthouse
Find a Bail Bondsman Near Me
Understanding the importance of bail bonds can help ease the bail-out process. Bail bonds allow you to secure your freedom while awaiting trial and save you from the heavy financial strain of the high bail amount. Enlisting a knowledgeable bail bondsman can help you navigate this process with ease.
Contact El Don Bail Bonds if you or a loved one needs help today. Our experienced Cathedral City bail bondsmen are at your disposal to assist you in posting bail as soon as possible. Call us at 760-342-0444.
Testimonials
Great bail bond company I would recommend if you need someone reliable and honest - Orange County Criminal Lawyer
El Don is the best when it comes to helping people with bail bonds. Honesty and Reputable! - Los Angeles Criminal Lawyer