Navigating the intricacies of the California legal system when arrested can be daunting. Fortunately, the bail system brings a little bit of relief. It allows you to sail through the legal system while out of custody. This will give you ample time to help find evidence to prove your innocence.
However, navigating the bail system can also be challenging. This is especially so when you do not comprehend how bail and bail bonds work. The bail process entails critical steps that ensure the defendant appears in court once granted freedom. If you are arrested in Joshua Tree, we at El Don Bail Bonds will gladly walk you through every step.
In addition to helping you understand how the bail process works, we will help you secure your release. We offer fast and confidential Joshua Tree bail bonds. Our bonds are also affordable and have flexible payment plans. Call us today for a consultation.
What Bail Means
Bail is a financial deal that permits the conditional jail release of an accused person pending their trial. The conditions generally revolve around the promise that the defendant will comply with all the imposed conditions, including appearing in court on the scheduled dates.
Even though bail provides a chance for temporary freedom, not everybody knows how it works. Here is how bail generally works: the accused pays a given amount of funds as the judge determines as a guarantee they will comply with their pretrial release conditions and attend all court hearings. If they adhere to all the conditions, the court returns the bail money to them when the case ends. However, they will forfeit the money if they violate the conditions or fail to attend court.
Also, many people confuse the terms “bail” and “bail bonds.” They often use these terms interchangeably, but they mean different things. As described above, bail is the financial agreement meant to secure an accused's release. On the contrary, a bail or surety bond entails securing the services of a licensed bonds service to help post bail. The bonds company is a third-party provider that pledges the total bail amount on the defendant's behalf, usually at a fee. Comparing these two definitions, it is safe to say a bail bond is one of the ways we pay bail.
Posting bail is not an admission of innocence or guilt. It is simply a promise defendants give to comply with legal-related procedures outside of jail until case resolution.
Arrest and Booking
After a police officer has arrested you, you start the process that could result in your temporary release. Generally, an arrest occurs when the police reasonably believe you have committed an offense. After the arrest, the arresting police officer will take you to the nearest sheriff’s department or police station.
Once you have arrived, you will undergo the booking and processing procedure. Booking involves several steps. These include the arresting officer:
- Taking your mug shots and fingerprints
- Conducting a background check on you for criminal record and outstanding warrants
- Records your personal information, including your name, birth date, phone number, and address
- Confiscates your personal belongings. They will keep and return the belongings to you once the case ends.
The booking may last two to eight hours or more. Once complete, the police will take you to a holding cell or jail. They will then transfer your case to the D.A., who will decide whether to file formal charges against you.
Setting of Bail
If the D.A. decides to bring formal charges against you, you will be subject to your first court appearance: the arraignment. Here, the judge will read your charges and ask how you plead. If you plead no contest or guilty, the case will proceed straight to sentencing. If you plead not guilty, the judge may set bail to enable you to continue your case while free.
The judge determines the bail value by referring to a bail schedule. A bail schedule is a list prescribing standard bail values for various crimes. It gives the judge an idea of the amount to impose as bail. However, judges do not always have to impose the amount indicated on the bail schedule. They can set a lower or higher value based on the case facts. Factors that may make a judge increase or lower the bail value include the following:
- Whether you are a danger to public safety
- The severity of the crime allegedly committed
- Whether you are a flight risk
- Your past criminal history
- Your community ties
- Your family responsibilities
- The likelihood of showing up in court
Every county has its bail schedule, which judges refer to. For Joshua Tree cases, judges use the San Bernadino County bail schedule.
Note that judges will not always set a bail amount. In some cases, they can deny defendants bail. If the judge denies you bail, you will remain locked up until your matter is resolved. The above factors can also influence whether a judge denies or grants bail.
Posting Bail in Joshua Tree
Once the judge has set bail, you can either pay the imposed amount to secure your release before trial or wait in custody until your trial date. There are three primary ways to pay the bail amount. These are cash bail, a property bond, and a bail or surety bond.
Cash bail entails posting the entire imposed bail amount in cash to the court or jail facility holding you. Some courts and jail facilities accept credit cards or checks. Once you have posted the required amount, you will be released. If you attend court as required, the court will refund the bail money at the end of the case. If you do not, you will forfeit the money to the court. Paying cash is the fastest way to post bail.
A bail bond is where you contact a Joshua Tree bail bonds service to help you post bail to secure your release. The company will pay the entire bail amount on your behalf. In exchange, you must pay them only 10% of the determined bail amount. Therefore, if, for example, the total bail value is $20,000, you will pay the bondsman $2,000. This 10% is called the premium and is the company’s fee for their services. The fee is non-refundable whether or not you make court appearances, win the case, or are acquitted.
However, if you make all the required court appearances, the court will return the bail amount to the bonds company. If you do not, the company will forfeit the amount. That is why some Joshua Tree bail bonds services request collateral from defendants to secure the bond. If the defendant does not appear in court as required and the company forfeits the bail money, it can sell the collateral to recover it.
A property bond involves giving the court your valuable property to hold onto so you can secure your release. Once the case is over and you have attended all your court dates, the court will return the property to you. If you do not appear in court as required, the court will foreclose on the property and sell it to recover the bail money. To post a property bond, courts require that the property value be twice as valuable as the bail amount.
To many people arrested in Joshua Tree, hiring a Joshua Tree bail bonds service is more affordable and convenient than posting cash bail or a property bond. That is because raising significant sums of money within a short period can be burdensome when it comes to cash bail. Judges often set bail at higher amounts. The amounts could be hundreds or tens of thousands of dollars. Not so many people have that kind of money for emergencies like posting bail.
When it comes to property bonds, the process itself is time-consuming. The court must appraise the property to confirm its value, which takes time. Additionally, the fact that the property’s value must be twice the bail value means it must be costly. In case of a forfeiture, you would lose a highly valuable possession to the court.
The Joshua Tree Bail Bonds Process
If you have decided to post bail using a bail bond, you can go through the process yourself or choose someone to do it for you. The first thing to do is call a Joshua Tree bail bonds service. You will speak with the bail bondsman, who will handle the bond process. Ensure the bondsman is licensed and professional before you proceed.
The bondsman will need to know a few things. Some of the information they will want to know includes:
- Your name
- The supposed crime you committed
- The location of your arrest
- Where you are being held
Once you have provided these details, the process will have officially begun. The bondsman will prepare a bond application and agreement using the information they gathered. The document is not long, and you can easily fill it out via email or fax if you cannot meet with the bondsman in person.
Once you have completed the required paperwork and paid the premium, the bondsman will come to the jail or court and pay the bond. Bond posting is a 24/7 affair for jails in Joshua Tree. So, regardless of when you start the bond process, you will not need to wait for the jail's business hours to secure your release.
You will be released from jail once the bail bondsman posts the bond. The release process after bail posting can take between thirty minutes and twelve hours. This period depends on the specific jail, its staff, and your circumstances.
Cosigning Joshua Tree Bail Bonds
If your loved one is in jail, they may need you to help them with the bond process. In this case, you become a cosigner or indemnitor. As a cosigner, you are responsible for the defendant in every aspect. You are financially responsible for the bond amount if the defendant fails to appear in court. You must ensure the defendant appears at every court-appointed date. That includes checking on them and reminding them of approaching court dates.
If the accused person does not appear in court, the bondsman will pursue you for payment of the forfeited bond amount. Before agreeing to cosign a bond, you should be sure the accused will make all court appearances. It is, therefore, essential that you cosign only for someone you trust completely. The bondsman will expound on all your responsibilities before you sign the bond contract.
Conditions for Bail
When the judge grants you bail and orders your release from custody, it is not with no strings attached. They generally set various pretrial release conditions you must strictly comply with. The conditions are in place to ensure you make all the required court appearances and are not involved in unlawful activity while awaiting trial. They are usually standard conditions and conditions specific to the crime you allegedly committed.
One of the most common conditions is the judge requiring you to remain within particular geographical boundaries except if given express authorization to leave. This may include not traveling outside the county or state without explicit permission. In addition to this condition, you may need to surrender your passport, driving license, and any other travel document.
Another standard requirement is complying with the law and maintaining good conduct. The judge will need you to refrain from violating any other law. If you violate any other law while out of jail on bail, the authorities will rearrest you. Your bail for the first violation will be revoked, and the judge may deny you bail again.
Another condition the judge may impose is random alcohol and drug testing. This is a crime-specific condition. The judge may impose it against you if you are accused of a narcotics-related offense to ensure adherence to court orders. Attached to this condition is the requirement to attend AA meetings and enroll in drug or alcohol abuse treatment. The judge may also need to install an ignition interlock device (IID) in your vehicle if you are accused of DUI. Failing these tests could result in bail revocation and being rearrested.
Another crime-specific condition is enrollment in a mental health treatment program. The judge would impose this requirement if you are accused of a domestic violence crime like battery or corporal injury upon a spouse. The judge may also restrict you from contacting the victim or witnesses linked to the case. In this case, they would grant a stay-away order. The judge may also order you to surrender your weapons, including guns, to the authorities.
If you face severe accusations or have a record suggesting you may flee, the judge may mandate electronic monitoring via an ankle bracelet as part of your bail agreement. Ankle bracelets allow the police to track people’s location constantly, ensuring they adhere to their movement restrictions.
It is crucial to understand that violating any pretrial release condition can lead to immediate rearrest and possible forfeiture of the bail amount. This will complicate your current legal situation. It will also have financial implications because of the lost money used to secure bail. You may also face additional court-imposed consequences.
Choosing the Right Joshua Tree Bail Bonds Service
When choosing a bail bonds service in Joshua Tree, you must consider various factors. These include:
- Response time
- Licensure
- Transparency concerning the fees and legal regulations bail bondsmen must comply with
- Availability: Around-the-clock services are preferable because of the nature of arrests.
Generally, all Joshua Tree bail bonds services should charge 10 percent of the entire bail value as the premium. However, prices might vary slightly. Some companies charge additional fees such as administration, processing, transportation charges, etc. Thus, it is crucial to verify upfront fees before committing. Also, other companies request collateral, while others do not. You, therefore, want to inquire whether you will need collateral before securing the bond.
On the other hand, some companies offer discounts to certain groups of people. These include:
- Teachers
- AAR members
- Defendants with attorney representation
- Military members and veterans
Most importantly, it is critical to work with a licensed bondsman. There are several bond companies in Joshua Tree, and not all hold valid licenses. Working with an unlicensed bondsman may cause problems in terms of accountability. Start by looking for recommendations from your attorney or checking online for ratings and reviews of local bondsmen.
Do not fear asking bondsmen about their track records with similar cases or seeking more references if necessary. Remember, you entrust them with financial matters and your freedom while waiting for trial.
Securing a bond entails crucial decisions at each step. Thus, familiarize yourself extensively with every aspect before you proceed. Making informed decisions during this period could mean a quicker release from jail and less stress at an already difficult time.
Court Information
Joshua Tree Courthouse
Phone: 760-974-3048
Jail Information
Morongo Basin Sheriff’s Department
Phone: 760-366-4175
Contact a Reliable Joshua Tree Bail Bonds Service Near Me
If you wish to bail yourself or your loved one out of a Joshua Tree jail, we at El Don Bail Bonds can help. Our bond process is more straightforward than you may think. That is thanks to our most professional and reliable bondsmen, who are available around the clock to talk to you. Our consultations are always complimentary and confidential, and we offer affordable Joshua Tree bail bonds. Call us at 760-342-0444 to kick off the process.