Facing arrest for committing a crime in California results in detention. You can remain in custody until the court schedules your trial and determines the outcome of your case. Sitting behind bars can keep you away from your family and sometimes cause you to lose your job.
Most defendants in California can secure a release before trial by posting bail. The bail money assures the court that you will return for the scheduled trial and court proceedings. When the judge sets your bail, you can pay it in cash, using property, or through a bail bond.
Cash bail involves paying the total amount to the court, while property bonds involve [resenting the property equity. Bail bonds are provided by surety companies, which charge you a 10% fee for their services.
Using bail bonds in Coachella Valley is more convenient since you receive financial assistance and expert guidance. If you or a loved one needs help to secure a release from jail, you will benefit from our services at El Don Bail Bonds.
An Overview of Bail in California
Bail is the money you pay the court for a release from jail before trial. The purpose of bail is to discourage a defendant from fleeing jurisdiction while their case is pending. After your arrest, the law enforcement officers will book you into a jail cell where you can await your trial.
At your first arraignment, the judge will set your bail amount. The judge will consider factors like crime severity and flight risk to determine the amount you must pay as bail.
Types of Bail
You can use different types of bail to secure a release from jail with a pending criminal case. They include:
Own Recognizance Release
Not all defendants will require a monetary commitment for a release from jail. A recognizance release allows you to secure a release from jail without paying a bail amount. Before a release on OR, you must promise to return to court for future proceedings and trial.
A judge decides whether to release you on your own recognizance at the arraignment. You may secure a release with no bail when you face charges for a minor offense. Additionally, you can convince the court to offer this type of bail when you have no criminal history. California law encourages the use of OR release to decongest the jail cells.
Cash Bail
Posting a cash bail is a fast and convenient way to secure a release from jail with a pending case. When you opt for cash bail, you must present the full bail amount to the court before the release. Cash bail is available for individuals who have the total bail amount.
Unfortunately, California courts set high bail amounts, making it challenging for many people to afford a cash bail. Another downside of cash bail is the financial scrutiny it brings. When you post a high bail amount in cash, the court and prosecution may perform a financial scrutiny to determine the source of the funds. This will not only invade your privacy but also delay the release.
Property Bond
When you do not have the financial capacity for cash bail in California, you can post bail using property. To secure a release, you can use real estate property, vehicles, or other valuable items. Before presenting a property bond, you must file a motion with the court. The court will then schedule a property bond hearing.
At the property bond hearing, you must prove the value and ownership of the property you intend to use. Like a cash bail, the risk of losing property used for bonds is high.
Bail Bonds
Using a bail bond is the most desirable way to post bail in California. A bail bond is an agreement between a surety company and the court. The bail bonds service pays the bail for you or a loved one. In exchange for the bail bond services. You pay a small percentage of the bail. The process of posting a bail bond takes the following steps:
Arrest and Booking
When you commit a crime in California, you will face an arrest. After the arrest, the officer will take you to the station for booking. The booking process involves recording your identification details and taking a mugshot. Additionally, you can make a phone call to call your family or attorney.
Bail Hearing
Most defendants in California are entitled to bail release. The court will schedule a bail hearing immediately after your arrest and booking. At the bail hearing, a judge determines the amount of bail you need to secure a release while your case is pending. When setting your bail, the court will consider your flight risk and criminal history, among other factors.
Contacting a Bail Bond Service
When you learn of a loved one's arrest, you want to secure a fast release for them. You must contact a surety bond company if you choose to move forward with a bail bond. When contacting a Coachella Valley bail bonds company, you must consider the following factors:
- Availability of bail bondsmen. Surety companies often send a bail bondsman to help you with your case when you call them. Therefore, you must ensure that the company you choose has bail bondsmen available at any time of the day to guide you through the release process.
- Licensing and certification. The bail posting process is complex. Hiring a licensed company guarantees that you will receive high-quality services.
- Cost of services. California's bail bond service fee is often 10% of your bail. However, surety companies can offer discounts, which will save you money. You should move forward with a company whose charges fit your budget.
- Flexibility of payments. Posting bail is a financially demanding process. Therefore, not all defendants can afford the 10% fee at once. When hiring a surety company, you must ensure that they are flexible in their documents. This means that you can make a repayment plan to cover the premium.
Investigation of Your Bail Eligibility
Bail bonds are an affordable and convenient way to secure a release from jail. However, not all defendants will qualify for the services of a bail bonds company. Before offering their services, the surety company will assess your eligibility. The eligibility criteria for a bail bond involves checking the following:
- Defendants flight risk and criminal history
- Your ability to cover the costs associated with the bail bonds
Signing of the Bail
If you pass the eligibility criteria for the bail bond, you must sign a contract agreeing to pay the fees. You will act as their cosigner when you sign a bail bond contract for a friend or relative. As a co-signer, you must ensure the defendant follows all the probation conditions.
You must also pay the bail bond fees, including premium and collateral. Surety companies mandate that you offer collateral in cases where the defendant is a high-flight risk.
You can cosign a bail bond with a good employment history and credit score. This guarantees the surety company that you can shoulder the responsibility for the release. As a cosigner, you have a right to revoke the bail bond. You can do this if you suspect the defendant may not be up for trial.
Role of a Coachella Valley Bail Bondsman
When you contact a surety company for assistance, they will send a bail bondsman to handle your case. The roles of a bail bondsman include:
- Assessing your eligibility for a bond. The bail bondman checks the defendant's criminal history to determine their eligibility for the bond. Additionally, they can check your credit score and employment history.
- Completing paperwork. A bail bond is a contract that involves a lot of paperwork. The bail bondsman completes the paperwork and ensures you sign the documents before your loved one is released.
- Bailing the defendant out. When you enlist the services of a bail bonds company, the bail bondsman will go to court and bail your loved one out. This means you will not have to take trips to court.
- Ensure the defendant appears for trial. The bail bondsman is responsible for ensuring that a defendant appears in court for trial and follows all the bail conditions.
Advantages of Using Bail Bonds
Hiring the services of a Coachella Valley bail bonds company offers numerous benefits for defendants and their families. They include:
Financial Relief
California courts are known for setting high bail amounts. Therefore, paying the total amount upfront may present a significant burden for you and your family. Bail bonds allow individuals to pay a fraction of the total bail cost to a bondsman. The 10% you pay for the bail bond services is more accessible to raise. This ensures that your loved one does not spend unnecessary time behind bars.
Faster Release
Spending time behind bars is not ideal. Many people who remain in jail fear an arrest because they lack the bail money needed to secure a release. However, individuals can secure their release more quickly using a bail bond. Surety companies have enough financial muscle to post bail even for high amounts.
Expertise and Guidance
Posting bail is a complex process, especially for individuals facing first-time arrest. When you post a cash bail or property bond, you will undergo the process alone. However, you can receive expert guidance when you opt for a bail bond. Bail bondsmen are familiar with the legal process and can assist in navigating the system's complexities.
No Collateral Requirement
You will not need collateral to secure a bail bond, depending on the circumstances. The Coachella Valley bail bonds company can only mandate you provide collateral when the defendant is a flight risk. This makes it easier for those without significant assets.
Reduced Stress
Spending time in jail is stressful. Securing a bail bond can alleviate some of that stress by allowing the defendant to prepare for their case at home.
Flexible Payment Options
When you post bail in cash, you must present the total amount set by the court. Many bail bond companies offer flexible payment plans. This involves making a repayment plan where you pay the bail bond premium in installments, making it easier for individuals to manage costs.
Encouragement to Appear in Court
When someone uses a bail bond, they typically have a financial incentive to appear in court. Failure to do so can result in losing the bond money. The work of the surety company does not end when they post bail, and your loved one secures a release. The bondman is responsible for guiding the defendant out on bail and encouraging them to appear in court.
Confidentiality
Facing an arrest can cause embarrassment and social stigma for the defendant. Therefore, keeping the arrest, bail, and court proceedings confidential can protect their dignity. Bail bond transactions are usually private. These individuals manage their situation discreetly.
Frequently Asked Questions on Bail in California
Facing an arrest is a traumatizing and confusing experience. Most defendants are unsure how to protect their rights and stay out of jail. The following are frequently asked questions on bail bonds in California:
What is the average cost of bail?
The judge sets bail for each defendant at the first arraignment. There is no specific bail amount. When setting your bail, the judge will refer to the amount on the bail schedules. Additionally, they will adjust this amount depending on these factors:
- Your criminal record
- Flight risk
- Safety of community
- Strength of your community ties
- Your income and resources
When you post a bail bond in California, the surety company will charge you 10% of the total bail as a service fee.
What happens to the bail amount when the case ends?
Bail is not punishment for your crimes. Therefore, you could recover the money when the court cases. Whether or not the court will refund the bail money to the payer will vary depending on how well the defendant follows the bail conditions.
If you post bail for a defendant and they go to court for trial as agreed, you can recover the full bail amount. However, if the defendant skips bail, the court forfeits the amount. When the defendant skips bail after posting a bail bond, you could lose the collateral you presented to the Coachella Valley bail bonds company.
Is bail available for all defendants?
Most defendants in California can post bail and secure a release before trial. However, there are instances when the court can order your detention until your trial date. Common reasons for denial of bail include:
- Facing charges for an offense punishable by life imprisonment or capital punishment
- Being a high-flight risk
- Having minimal or no tie to the community
- Being a threat to community safety
- Facing an arrest while on probation or parole
What is a defendant’s flight risk?
When the court allows you to secure a release from jail before trial, the judge expects you to return for trial and other scheduled proceedings. Your flight risk is the possibility that you will leave the jurisdiction or intentionally fail to appear in court. The court determines your flight risk by considering the following factors:
- Your criminal history
- The severity of your charges
- The ties you have to the community
- Your history of skipping court dates and violating orders
How long does it take to secure a bail release?
When you or a loved one faces an arrest and detention, securing a release is an urgent matter. Sitting behind bars will cause stigma and impact your social and professional lives. The amount of time you need to secure a bail release varies depending on the type of bail you post.
When you post cash bail, you can secure a release immediately after the bail hearing. However, you must have the full amount needed. Posting a property bond may take more time. This is because the court must hold a property bond hearing.
Defendants posting a bail bond can secure a faster release. This is because the surety companies have the finances to post bail. The bail bondsmen are also conversant with the bail process, which speeds up the release. You can ensure a fast release of your loved one by contacting a bail bonds service immediately after learning of the arrest.
Find a Reliable Coachella Valley Bail Bonds Service Near Me
Defendants facing arrest and charges in California can secure a release before trial by posting bail and promising to appear for all court proceedings. Bail is critical to any criminal case because it allows defendants to go home and move on while the case is pending.
Depending on your financial capability, you can post bail in cash, on property, or through a bail bond. Many defendants and families opt for a bail bond for its affordability and convenience. Surety companies often charge a small percentage of the bond as a fee for their services. Additionally, they will offer the expert guidance you need to navigate the bail process.
Your choice of a bail bond company can dictate your bail posting experience. At El Don Bail Bonds, we offer fast, affordable, and convenient bail bond services for our Coachella Valley clients. Contact us at 760-342-0444 to discuss your bail needs.