After your arrest in California, you may be in jail while waiting for your trial. However, you can pay bail to secure your release before the trial. Bail is the money deposited with the court to ensure you will return for your trial and other court dates after release. The court determines the amount of bail during your first appearance. A judge will refer to the bail schedule and may adjust the amount based on the details of your case. Once the bail is set, you can pay it in cash, use property, or hire a bail bonds service.
Bail bonds are commonly used in California due to the high bail amounts. Instead of paying the full bail amount in cash, you only need to pay about 10% when using a Moreno Valley bail bonds company. At El Don Bail Bonds, we provide quick and dependable bail bond services to Moreno Valley, CA clients.
Understanding Bail
Bail is the sum you or someone on your behalf pays to ensure you attend all your court dates after your release. You can leave jail while waiting for your court appearances by paying this amount. A judge determines the bail amount, which is set to ensure your presence in court for your trial. If you fail to appear, the court will forfeit your bail and issue a bench warrant for your arrest.
The Bail Process
The bail process in Moreno Valley begins when police officers arrest you. If law enforcement takes you into custody for a suspected crime, they will bring you to a local jail or the Sheriff’s Department. There, you will go through the booking process.
Booking involves collecting your personal information, like your name, date of birth, and address. The officer who arrested you will also take your fingerprints and a mugshot and perform a full body search. They will take your belongings, return them to you upon release, and check for outstanding warrants.
After booking, the officer will let you make one phone call. You can inform a family member or lawyer about your arrest. Once you finish your call, the police will move you to a holding cell while the District Attorney (DA) decides if they will file charges. If authorities do not file charges, they will release you. If the prosecution files charges, the next step is the arraignment hearing, where the judge will determine if bail will be set and the amount.
Own Recognizance Release
You can request your Own Recognizance (OR) release if you cannot afford bail. This release lets you go free without paying any money. Instead, you will sign a document promising to return to court for all your scheduled hearings and trial.
Your attorney can request your Own Recognizance (OR) release at your bail hearing. However, you may qualify for this release unless:
- You face charges for a crime that could lead to the death penalty.
- Your release might endanger others in the community.
- There is a concern that you may not return to court for your trial.
The judge may consider you for OR release if you are a first-time offender or the charges are for a less severe crime. Although you will not need to post bail for OR release, the court can set certain conditions:
- You may need to stay within the area where your case is being heard and surrender your passport and travel documents.
- Depending on your situation, the court might impose home detention to prevent you from fleeing.
- The court may order you to avoid contact with specific individuals while out on bail.
The court may restrict your driving if you receive an OR release after a driving offense. Authorities could arrest you if you break any conditions of your OR release. After your arrest, the court may keep you in custody without bail or require you to pay a specific bail amount for your release.
Types of Bail in California
Bail guarantees that you will return for your court dates and trial while your criminal case is pending. When the judge sets your bail, there are different types of release options you can consider:
Cash Bail
The quickest way to secure your release from a criminal case is by paying cash bail. Many arrested individuals do not like this option since it demands a large sum of cash within a short period. Cash bail can lead to financial difficulties as you work to raise the necessary funds.
Individuals with cash can post bail quickly and enjoy a smooth process. However, the court scrutinizes cash transactions to prevent the release of individuals using money from criminal proceeds.
These cautionary steps mainly target individuals accused of crimes that typically involve significant amounts of money for laundering. For example, suspects in fraud, theft, or drug trafficking will struggle to prove to the court that the cash used for bail was obtained lawfully.
When making cash payments, you can consider using cashier’s, traveler’s, or personal checks. These options are safer and more widely accepted, but you must meet specific requirements. You should know the rules and standards for the court to receive your check. For example, the court might ask the cashier who approved the transaction to come to court and verify their signature.
Property Bonds
Securing a bail release can be stressful for defendants who cannot afford cash bail. In California, you can use property bonds to secure a release. It means you can use the value of a property to help ensure a loved one’s release from jail. The property must be worth at least double the bail amount.
California laws regulate property bonds, and the court will outline the rules for proving the property’s value and ownership. The court will place a lien on the property and remove it only after the defendant appears for trial, and the court resolves the case.
To use a property bond for your loved one’s release, you need to meet specific requirements:
- Property location—The property must be located where the trial occurs.
- No outstanding debt—The property must not have any mortgages or liens against it.
- Ownership verification—You should show that you legally own the property by providing deeds or transfer documents.
- Consent from co-owners—If the property has multiple owners, all must agree to use it for the bond.
- Enough equity—The property must be worth at least double the bail amount, and the court will assess its value. You also need to have significant equity in the property.
Bail Bonds
A bail bond is a contract involving a surety company, a defendant, and the court. The surety company provides the funds needed for the defendant’s release. The defendant or their co-signer must pay up to 10% of the bail amount as a service fee for the bail bond.
The bail bond process begins when you learn about a loved one’s arrest. If you cannot afford to pay cash bail, you can contact a surety company for help. You might receive a recommendation from your criminal defense lawyer or family and friends. When you contact a Moreno Valley bail bonds company, a bail bondsman will assist you with the release process.
The responsibilities of a Moreno Valley bail bondsman include:
-
Checking Your Eligibility for a Bail Bond
Not everyone facing criminal charges in California can qualify for a bail bond. The first task of your Moreno Valley bail bonds company is to check if you qualify. It involves assessing the defendant’s risk of fleeing and the co-signer’s ability to pay for the bail bond services.
-
Handling the Paperwork
A bail bond is a legal document that requires a lot of paperwork. Your bail bondsman will complete and file the necessary documents and explain the bail bond’s legal aspects to you and the defendant.
-
Posting Bail
Once you sign the bail bond agreement, your Moreno Valley bail bondsman will go to court to present the bail money. It allows your loved one to secure their release from jail while their criminal case is pending.
-
Making Sure the Defendant Shows Up for Trial
The surety company’s job does not stop after the release. The bail bondsman will keep track of the defendant’s situation while they are out on bail. They will help your loved one understand and meet all the bail conditions.
-
Re-arresting the Defendant
If your loved one skips bail, the Moreno Valley bail bondsman must ensure they return to court. If they fail to do this, they could lose the bail money. The bail bondsman can hire a bounty hunter to legally bring the defendant back to court.
Reducing Bail Amount
You can request the judge to lower the bail amount or challenge the district attorney’s attempt to raise it. The judge’s decision on reducing your bail will consider several factors, including:
- The severity of your crime.
- The extent of any injuries and whether anyone sustained injuries during the crime.
- If someone accuses you of threatening a witness or victim.
- The involvement of weapons or drugs in the offense.
- Your job status.
- Whether you are a risk to public safety.
- Your ties to the community, including business and property interests.
- Your past criminal record.
- The likelihood of you attending all scheduled court appearances.
- Your ability to pay bail.
- Your local residency.
- Your participation in community activities, religious groups, or volunteer work.
- The presence of family nearby.
For serious offenses like kidnapping, murder, sexual assault, and robbery, the judge needs to find special reasons to lower your bail, such as new evidence or changes in your case.
A Judge Can Deny Bail
A judge may not always grant bail. In certain cases, especially those involving serious violent crimes or sexual offenses, a judge can deny bail. The decision will depend on several factors, including whether strong evidence suggests you might harm someone if released.
If the judge grants or lowers bail, they can set specific conditions. Your lawyer might suggest different conditions to help convince the judge. Some conditions fit your situation better than others. These can include:
- Using a SCRAM device to show you are sober.
- Giving up your passport and driver’s license.
- Being under house arrest with electronic monitoring.
- Keeping away from the alleged victim.
- The court may not allow you to leave the state.
- Do not drive with any alcohol in your system.
Moreno Valley Bail Bonds Co-signer
A bail bond co-signer assumes financial responsibility for a defendant needing a bail bond to secure their release from jail. When someone faces charges, they might be unable to contact a surety company for help. Seeing a loved one in jail can be very distressing, which may lead you to seek bail bond services for them, thus becoming their co-signer.
In California, some basic requirements to become a bail bond co-signer include:
- Financial stability—As a co-signer, you are responsible for all bail bond costs, including the premium and any collateral. The surety company needs to ensure you have a stable income before you can co-sign. They will check your financial situation by requesting pay stubs, payment history, and credit card information.
- Reliability is also essential for a bail bond co-signer—You must sign the bond agreement and fulfill its terms. Those with poor financial backgrounds or criminal records are not eligible to co-sign.
- You can co-sign for a family member or friend, but bail bondsmen usually prefer co-signers who have a close relationship with the defendant.
- A good credit score is essential for co-signing a bail bond—A strong credit score shows the company that you are financially committed to the agreement.
If you co-sign, you should pay the bail bond premium and provide collateral. If the defendant does not attend court, you must pay additional fees if the Moreno Valley bail bonds service hires a bounty hunter to find them.
A co-signer takes on significant responsibilities and has rights that help them make informed choices and fulfill their role effectively. These rights include:
- You can receive all relevant information about the defendant and their case. Knowing the details of the defendant’s crime and charges can help you decide whether to co-sign a bail bond.
- You can recover any collateral once the court resolves your case. After the criminal case concludes, the surety company will retrieve the amount they paid for your loved one’s bond from the court, provided the defendant attends all court proceedings. In this situation, you can reclaim the property or item you used as collateral for the bail bond.
- You have the right to withdraw from being a co-signer. When you co-sign a bail bond, you become financially responsible. If the defendant does not attend their trial or other court dates, you risk losing your collateral and may have to pay a bounty hunting fee. Therefore, if you believe the defendant might skip bail, you can withdraw from the bail bond agreement.
- You have the right to avoid arrest for the defendant’s actions. If a defendant fails to appear in court after securing their release on bail, a surety company can hire a bounty hunter to apprehend them. However, you cannot face arrest as a co-signer if the defendant flees.
In Moreno Valley, CA, an arrest will lead to detention at these facilities:
Moreno Valley Station
22850 Calle San Juan
De Los Lagos
Moreno Valley, CA 92553
Court Information
Superior Court of California, County of Riverside - Moreno Valley Courthouse
13800 Heacock St #D201,
Moreno Valley, CA 92553
FAQs About Co-Signing Moreno Valley Bail Bonds
Here are the common questions about co-signing bail bonds in Moreno Valley:
What Do I Need to Post Bail for Someone?
If you post bail for someone, you will be known as the cosigner. You must be at least eighteen years old and a legal resident of the United States. Additionally, you need to bring three items when posting bail:
- Proof of income, like your most recent paycheck stub.
- A valid ID, such as a state ID or driver’s license.
- The latest utility bill to show your residency.
You will also need to provide this information:
- The jail where authorities hold the accused.
- The charges against the accused.
- The birth date of the accused.
- The booking number of the defendant.
What Are My Responsibilities as a Cosigner?
When you cosign for someone’s bail, you have specific duties besides financial ones. You need to:
- Make sure the accused goes to court on the scheduled dates.
- Ensure the accused notifies the bail bonds service about future court dates.
- Pay the required premiums.
What Payment Methods Can I Use for Bail and Bond Premiums?
You can pay bail or bond premiums using several methods, including money orders, credit cards, cash, personal checks, and traveler’s checks.
What Are the Responsibilities of the Defendant?
A defendant released on bail must take responsibility for their actions. They should:
- After release, check in with the bail bond company to finish the paperwork. At this time, they will learn about upcoming court dates.
- Notify their bail bondsman about any new court dates by phone or in person.
- Attend all scheduled court appearances.
Find a Skilled Moreno Valley Bail Bonds Service Near Me
If you face an arrest for a crime in California, you can secure your release before your trial by paying bail. You can post the bail to the court in cash, property, or through a bail bond to secure your release. Securing your release while waiting for trial helps you avoid extra time in jail and prevents the adverse effects of staying behind bars. Contact El Don Bail Bonds today to secure your loved one’s release from custody. Call us at 760-342-0444 to begin your journey to freedom.