Palm Desert Bail Bonds

 Getting a bail bond is often a temporary relief from the jail cell for almost any criminal defendant. Despite this, bail bonds are not easy to come by, and rarely can a defendant receive one without help. This is more so true in Palm Desert, California, where laws concerning bail bonds are limited, with judges given the discretion to determine who is offered bail and, if granted, the bail amount. Even more, the amount is often too high that a defendant becomes financially limited to post bail by him/herself. Consequently, many individuals choose to seek the services of bail bond firms such as El Don Bail Bonds to aid them to acquire the bail bond.

 What are Bail Bonds?

A bail bond is a form of a written promise that a defendant signs or the amount they pay to serve as a guarantee that he/she will avail him/herself in court as scheduled and ordered by the court. More elaborately, it acts as security for the release of a defendant from jail.

When an individual is arrested for a given crime, he/she is usually held in jail up to the time he is meant to appear in court. They can as well be released on bail and wait for their appearance in court away from the jail cell. However, the bail is set by judges during a bail hearing and acts as the insurance between the defendant and the court. Considering that the bail may be set to unaffordable amounts, one may seek the help of a surety bond firm that is akin to a lender that primarily deals in payments necessary for freeing people from jail cells. Thus, the company posts the required amount to help the defendant or, rather, secure his/her release.

Difference Between Bail and Bond

Often, the terms "bail" and "bond" are employed almost interchangeably when it comes to discussing jail release. However, while these words may appear related, they are not one, but rather two different things. In this regard, bail is the amount of money a defendant is required to pay to get out of jail. On the other hand, a bond is what is posted on behalf of the defendant, often by a bail company, to enable the release of the defendant.

It is important to emphasize that bail is never geared as a form of punishment. Instead, it is a means of securing the agreement by the defendant to adhere to particular conditions and subsequently return to court. To an extent, bail acts as collateral left with the court to guarantee that, after a release from jail, the defendant will return to court to complete the remaining parts of the case. In this case, if you as the defendant violates the said conditions or fails to appear in court, you will forfeit the paid amount. But if as the defendant you posted a bond, it is the bail bond company that will forfeit the money.

Types of Bail Bonds

There are four common types of bail bonds. The first among this is “own recognizance” release. This refers to a no-cost bail in which, as the defendant, you sign a form or written citation promising to attend the court hearings as ordered, rather than making payment. This bail is often available for minor criminal offenses and may require a defendant to request particular individuals such as an employer or religious leader to vouch for them. If you fail to appear before the court as ordered, an arrest warrant is issued on you and further restrictions, or even bail denial, imposed on you.

Secondly, there are cash bonds that require you to pay your whole bail amount in cash for your release pending your trial. Sometimes, electronic payments are possible; but a cash-only bond would need actual cash and not drawn by personal checks or credit cards.

Thirdly, there is a property bond that refers to the bond that posts a tangible property's value such as a real estate. Also known as secured bond, the court will demand a warranty deed, updated tax statement indicating the fair market value of the property and if all taxes are as well updated, and a current mortgage statement noting if the property is owned by more than one individual and any other related information. Should the defendant fail to appear in court, the property is put into foreclosure. After this, the court collects the owed bail amount from the property's sale.

Lastly, a commercial bail bond agent/bondsman/bail bond company. A bail bonds agent or bonding company serves to post bond for a defendant in the bid to secure his/her release from the jail cell. In this regard, the company charges a given non-refundable fee of the bond to cover the risk of the defendant failing to appear in court.

Arrest and Booking

As suggested above, when you are arrested, you will be placed in police custody and consequently processed or booked. During the booking process, you will be subjected to various steps that include the recording of your personal information, recording of information regarding the said crime, recording of your photographs and fingerprints, and a background check for a criminal record. Subsequently, you are placed in a holding cell in the police station.

However, if you have been arrested for an offense that is considered minor, you might be provided with a written citation and consequently released, but only after signing the citation promising that you will appear in court as required, which is the own recognizance release. Some of the things considered before granting one an "own recognizance release' include the crime’s nature, criminal record, ties to the community, and if you pose any danger to the society.

In certain situations, a written promise to avail yourself in court may not be enough. In these cases, the court will require a financial insurance or cash bond that you will, in the set date, appear in court.

Bail Hearing

Bail proceedings tend to vary from one court to another. In Palm Desert, the court will generally conduct a bail hearing to determine whether to grant bail or not and, if yes, the appropriate amount. Some of the factors considered when deciding whether to offer bail or not include one's criminal record, threat to the community, financial ability, family ties (especially whether one is a flight risk), mental and physical condition, history concerning both drug and alcohol abuse, length of residence in the community and previous record regarding appearance at court proceedings.

Besides the determination of monetary bail, the court may as well subject you to certain restrictions when it comes to your release. Some of these restrictions include the limitation of your travel, curfew, the requirement of alcohol, drug, psychological or medical testing, or even treatment. As such, while the bail may be set, it may be done with specific terms of release that may include some of the issues mentioned.

Posting Bail and Bail Bond Companies

After the court has determined and has set the amount needed for bail, the said amount must be paid or posted to the court. The amount is often paid in cash and, in some instances, via an approved cash substitute that may include cashier's check or money order. After the bail is posted, you will be issued with an order or document by the court that indicates that you may be released.

However, as earlier hinted, bail is usually set in amounts that are generally above the financial strength or abilities of most individuals. Most individuals tend to lack such large sums of money or even the ability to afford the same. If you cannot post your personal bail, you can always seek the services of a bail bond agent to pay and subsequently ensure bond. It is, however, important to mention that the bondsman will charge you a nonrefundable fee, often about 10 percent of the whole bail. Following this, the agent or bondsman agrees to pay to the court the remaining amount if you fail to appear in court for the expected proceedings.

Get Bail Bonds Services Near Me

While bail bond agents are usually available, most surety companies tend not to write bail bonds due to the underwriting issues associated with them. It is worth indicating that bail bonds are one of the challenging and hazardous bonds to write. This is reliant on the fact that should the defendant fail to appear in court as required, the surety bond company responsible for the bond remains liable for the full penalty of the said bond.

If you reside or are arrested in or around Palm Desert, CA, EL Don Bail Bonds company exist to offer you bail bonds services at your convenience. We offer you both experience and friendliness while guiding you to make sure you understand the bail bond process before bailing you out of custody.

Additionally, we only charge what is comfortable with you and offer some of the lowest rates of bail bonds in California. Reach our bail bonds today at 760-342-0444 for free consultations and assistance.