After an arrest and detention in California, most defendants must post bail to guarantee a release with a pending trial. The bail money guarantees a defendant’s return to court after a release before trial. A judge sets bail during arraignment.
When the court sets your bail, you can pay the money in cash, use property, or post a surety bond before release. However, many defendants lack the financial capacity to pay a property or cash bond. Therefore, they seek a more affordable and convenient bail bond. When posting a surety bond, you will only pay 10% of the original bail amount, which is easier to raise.
If you seek bail bonds for yourself or a loved one, you need a reliable Rancho Cucamonga bail bonds service. At El Don Bail Bond, we will offer you the guidance and assistance you require to navigate your bail process.
Understanding Bail
Bail refers to the money you pay to assure the court of your return for trial after a release before trial. Most defendants facing misdemeanor and felony criminal charges in California are entitled to a bail release. During your first arraignment, a judge will set an appropriate bail amount for your case.
A judge will consider these factors when setting your bail:
Bail Schedules
Under California law, the bail schedules list each offense with the recommended bail amount. If your bail is attached to the arrest warrant, you will pay the total amount indicated on the bail schedule. Otherwise, the court can modify your bail depending on other case factors.
Severity and Nature of Your Offenses
The severity of your offense can affect the amount you need to secure a release. The stakes are high for defendants facing charges for serious and violent felonies. Therefore, they are more likely to flee after a release on bail. For this reason, the court will set a higher bail for felony charges.
Your Criminal Record
The judge will look into your criminal records when setting your bail. California law is strict on repeat offenders during sentencing and when setting the bail. A lengthy criminal history indicates your disregard for court systems and orders. Therefore, the judge can increase your bail when you have multiple prior convictions.
Flight Risk
A primary aim of paying bail is discouraging a defendant from skipping town after the release before trial. Flight risk refers to the possibility of skipping your trial and court hearings and trial. The judge can set a higher bail amount for a defendant with a significant flight risk.
Strength of Community Ties
Defendants with strong ties to the community and jurisdiction of their arrest are less likely to flee or skip bail. Therefore, you can convince the judge to lower your bail by proving your strong ties to the community. You can prove your strong ties by presenting evidence of stable employment and family or religious ties to the community.
Risk to Public Safety
Securing a release on bail allows you to move on with your life and return to work while the court schedules your trial. However, the judge considers the impact of your release to public safety when setting the bail. If you present a risk to public safety, the court can increase your bail to discourage you from fleeing.
The court considers you a risk if you are charged with a violent crime or you have a history of harming witnesses and other people involved in your case.
Income and Resources
Bail is not a penalty for your crimes. However, you can lose the bail money if you skip bail or violate the bail conditions. Many people follow through with their court proceedings after a release to avoid losing the cash or property used for bail.
A low bail amount is insufficient to discourage a high-income defendant from fleeing. Therefore, the judge will set an increased bail amount under these circumstances.
The amount that the court sets for your bail is not final. If you cannot raise the money, you can seek a bail reduction. By filing a bail reduction motion, you could convince the court to lower the bail to an affordable amount. You can file this motion when there is a significant change in circumstances in your case.
Alternatively, you could seek a recognizance release. A release on OR means that you will not make a financial commitment for a release.
Bail Conditions in California
When releasing you on bail, the court attaches some strict conditions you must follow. The court designs these conditions to ensure defendants appear for all proceedings, including trial. Common bail conditions include:
Travel Restrictions
The primary purpose of bail is to discourage defendants from fleeing after a release before trial. As a condition of your bail, a judge can impose travel restrictions. The restrictions prohibit you from leaving the jurisdiction while out on bail. The court can enforce this condition by requiring you to surrender your travel documentation.
House Arrest
Another bail condition the court can impose in your case is house arrest. The condition involves wearing an ankle bracelet that monitors your movements.
Random Drug Testing
Some bail conditions are specific to certain offenses. If you face DUI charges or charges for another drug-related offense, the judge can order that you undergo random drug testing. Under normal conditions, law enforcement officers cannot test you for drugs or alcohol without probable cause. However, while out on bail, you must submit to the tests.
No Contact Orders
If you commit a crime of domestic violence or other offense that involves causing harm to other people, the court may order you to stay away from the individuals involved in the crime. The court enforces this condition by issuing a no-contact or restraining order against you. Attempts to contact or contact the protected person violate your bail and can result in an arrest and detention.
Curfew Restrictions
A curfew is sometimes imposed as a bail condition. The condition requires you to remain at a specified location, usually their home, during certain hours, such as at night. The purpose of curfew restrictions is to ensure the defendant does not engage in further criminal activity. The judge can impose this condition if you are a risk to public safety.
Firearm Restrictions
In cases involving violent crimes or threats to public safety, a judge can impose a firearm ban. The condition reduces the risk of further harm or violent incidents. If you own firearms or other weapons, you may need to surrender them to law enforcement.
Types of Bail
You can secure a bail release in California in several ways. They include:
Own Recognizance Release
An OR release is the court's decision to release a defendant without requiring bail or bond. Instead, the defendant promises to return to court for future hearings. The court can grant you an OR release if the judge believes you are not a flight risk or a danger to the public. Allowing an OR release for defendants facing charges for minor offenses helps to decongest the jail cells.
You can request an OR release when you face an arrest. The judge will evaluate your case and determine your suitability for this type of release. Even when the judge releases you without bail, they may impose bail conditions you must follow. Violating bail conditions after an OR release can result in your arrest and a requirement to post bail.
Cash Bail
You can post a cash bail if you have the total amount the court needs for a release. Posting bail in cash is a fast and convenient way of securing a release. You will avoid third parties in the bail process, and you can recover the full bail amount when the criminal case concludes. However, bail amounts in California are high, making cash bail unaffordable for many individuals.
The risk of losing your bail money is high if you skip bail or violate the bail conditions. The judge can put you under financial scrutiny if you post high bail amounts in cash. A financial investigation is conducted.
Property Bond
If you do not have enough money for bail, you could use property to ensure a loved one's release. When you pay a property bond, you will present your equity to the property before the court. The judge will then place a lien on your property and can only lift it when your case ends.
Like the cash bail, the risk of losing your property is high if a defendant skips bail or violates the bail conditions. Before the court accepts the property bond, a hearing is held. At this hearing, you must prove property ownership and value.
You can do this by presenting title deeds and appraisals. Additionally, the court mandates that all parties whose names are on the title deed must appear for the hearing.
Surety Bond
A surety bond is the most commonly used type of bail in California. To post this type of bail, you must contact a Rancho Cucamonga bail bonds service for assistance. The company will appoint a bondsman to evaluate the case.
If the defendant you seek bail for is not a high flight risk, the surety bonds company can offer their services. Additionally, the bondsman will review your credit and employment history to determine your ability to cover the surety bond costs.
When you opt for a surety bond, you will not need to go to court to secure your loved one's release. Instead, the bondsman will take over the process. Surety bond companies charge up to 10% of the original bail amount for their services.
Unlike bail money, which you can recover from the court when the case ends, the bail bond premium is not refundable.
Benefits of Working with a Rancho Cucamonga Bail Bonds Service
Some of the benefits of working with a bail bonds service to secure a bond release for a loved one include:
- Fast release. Posting bail is an urgent matter. You want to secure their quickest release when a loved one sits behind bars. Bail bond companies have ready finances, making it easier to post a quick bond and ensure a release. Additionally, the bondsmen are familiar with the jail and court systems and can quickly go through the bail process.
- You can keep the arrest confidential. Facing an arrest is a traumatizing experience. Unfortunately, a defendant can face social stigma when arrest becomes public knowledge. When you hire a bail bonds company, you will not need to go to court to secure your loved one’s release. Therefore, you can keep the arrest confidential.
- Saves money. Bail is a financially demanding process. Your Rancho Cucamonga bail bonds service will offer the full bail amount, saving you money. You can use the money for other aspects of the case, such as hiring a criminal defense attorney.
- Avoid financial scrutiny. The court can order a financial investigation if you post a high bail amount in cash. The investigation will delay the release and invade your privacy. You can avoid these inconveniences by hiring a surety company.
- You receive professional guidance. Posting bail can be confusing, especially when doing it for the first time. When you enlist surety bond services, the bail bondsman will guide you and your loved one throughout the release. The expert guidance you receive will make the process easier and more convenient.
What Does the Court Do with Bail When My Case Ends?
The court does not use bail to punish you for your crimes. Instead, it is meant to discourage you from fleeing and avoiding the consequences of your crimes after a release from jail with a pending criminal case. After your case ends, you can recover the money. The outcome of the bail money depends on your conduct while out on bail. The two typical outcomes of your bail include:
Bail Exoneration
An exoneration means you will recover the bail amount you paid. The court refunds the bail money under the following conditions:
- The defendant appears for trial and other proceedings. After your release on bail, the court may schedule multiple proceedings. If the defendant attends the hearings, they can recover the bail.
- The defendant adheres to all the conditions of bail. The court attaches some conditions to a bail release, which vary depending on the nature and severity of the offense. If a defendant does not violate these conditions, you can recover the money you used for bail.
If you pay a cash bail, you could collect a check for the entire bail amount within three weeks of the case's completion. If you used a property bond, the court will lift the lien off the property when the case ends. The court will refund the money to the Rancho Cucamonga bail bonds company for defendants who post a bond.
Although the company recovers its money, the 10% service fee you pay for the bail bond is not refundable. The surety company will return the item if you used collateral for the bond.
Bail Forfeiture
A forfeiture is an unfavorable outcome of your bail. It involves losing the bail money. You can suffer a forfeiture for failing to attend trial or violating the conditions. The judge will order a forfeiture of the entire amount if you pay a cash bail. The court will sell the property to recover the bail money if you post a property bond.
However, when you use a surety bond, the judge may allow the surety bond company time to locate a fleeing defendant and return them to court. Under these circumstances, the surety bond company will enlist bounty-hunting services.
Bounty hunters are trained professionals who can trace and find defendants who skip bail. If the Rancho Cucamonga bail bonds service hires bounty hunting services to find you or a loved one, you must cover the bounty hunting fees. If the surety company loses its money in a bail bond forfeiture, you cannot recover the collateral you presented.
Jails in Rancho Cucamonga, CA:
San Bernardino County - West Valley Detention Center
9500 Etiwanda Ave
Rancho Cucamonga, CA 91739
Corrections Department
9055 Haven Ave
Rancho Cucamonga, CA 91730
Courts serving Rancho Cucamonga, CA:
Rancho Cucamonga Superior
8303 Haven Ave
Rancho Cucamonga, CA 91730
Find a Top-Notch Bail Bond Service Near Me
Facing an arrest or learning that a loved one is in jail is a traumatizing experience. Bail is necessary to secure a release with a pending trial. Posting bail involves pressing cash property or a bail bond to the court for a release. With the high bail amounts set by California courts, a surety bond is ideal for many defendants.
If you choose a surety bond, you must consult a surety bonds company and ask for their assistance. Your choice of a surety company can impact your entire experience when posting bail. Therefore, you must move forward with a company that is reputable, licensed, and available to take your case when you contact them.
If you or a loved one requires financial assistance and expert guidance through the bail process, Eldon Bail Bonds can help. Contact our Rancho Cucamonga bail bondsmen today at 760-342-0444 to discuss your case.