When your loved one is in jail, a family member, or a friend, you are likely to go through an emotional rollercoaster. You’ll probably be wondering about how long it will take before your loved one is released. Every jail system has its protocols, determining how long it takes to book and process an arrestee in jail. A professional El Dorado bail bond agent will guide you through the bail process and help you determine the best way to handle your situation. Mr Nice Guy Bail Bonds provides reliable bail bond services in El Dorado County.
You do not have to come to our office because we will conveniently handle all the paperwork via phone, fax, or email promptly and discretely. Our professional bail bond agents can also meet you at the jail where the defendant is in custody. We can also come to your home or office to guide you through the paperwork. We understand that the arrest of your loved one is hard enough. Therefore, we strive to make the bail bond process straightforward.
When Your Loved One Is Arrested
If you or a person you care about ends up in jail, you may not fully understand the bail bond process. How does the system work, and which steps should you take?
At Mr Nice Guy Bail Bonds, we understand your fear and uncertainty. Our goal is to do everything possible to help you through the bail process and help you resume your everyday life.
We cannot post bail until the defendant completes the arrest and booking procedure. You should call us immediately after the defendant's arrest to explain the bail process to you. When the judge sets the bail amount, we will help you post bail. It’s always good to have the defendant’s name, date of birth, and booking number when contacting a bail bond company. You can trust us to handle your case with discretion, knowledge, and the utmost care, given that we are a professional and fully licensed bail bond company.
How Bail Works
When a defendant is arrested and taken to jail, a judge determines the bail amount. While setting the bail amount, the judge considers:
- The defendant's criminal history — If the defendant has an extensive criminal history, the judge will set a higher bail amount than for a first-time offender.
- The judge also considers the inherent flight risk if there is a likelihood that the defendant will flee and fail to show up for future court dates. The bail amount will be higher if the judge suspects that the defendant might flee.
- Defendant's family obligations — While setting the bail amount, the judge will also consider the defendant's family ties and responsibilities, including whether the defendant is a spouse, a parent, or a caregiver.
- The defendant's community connections — If the defendant has strong community connections, the judge may set a lower bail amount.
- Whether the defendant poses a risk to themselves or the community — The court also considers whether the defendant is a threat to themselves or the community. The judge is likely to set a higher bail amount if they feel the defendant is a risk.
Ways Of Getting Out Of Jail
In California, there are three ways in which the defendant can get out of jail after being arrested:
- By citation
- By posting bail
- Own recognizance release
The officer may hand you a citation to appear if you have committed a minor misdemeanor offense like a first-time DUI crime.
Posting bail involves posting security for future court appearances. California law recognizes three typical types of bail:
- Cash bail
- Bail bond
- Property bonds
Different types of bail are often tailored to the defendant’s charges and financial situation. With cash bail, the defendant has to pay the entire bail amount in cash, though some courts may accept credit cards. If the judge wants to ensure that the defendant remains in jail during trial, they may set an extremely high bail amount. Judges often impose a cash bail if they consider the defendant to be a danger to the public or a flight risk. If the defendant fails to appear in court, the bail amount will be forfeited, and the judge will issue a warrant of arrest. If the defendant attends all court hearings and complies with the court requirements, the cash is returned to them after sentencing.
A bail bond is also known as a surety bond. An El Dorado County bail bond agent comes in when the defendant cannot pay the court's bail amount. A relative or a friend contacts the bail bond agent who appears in court with the defendant and pledges to pay the full bail amount if the defendant fails to appear in court. The bail bond agent will charge the accused person or their friends and loved ones a certain amount, known as the bail bond premium. The bail bondsman may also hold additional property as collateral. There are many licensed bail bonds companies in El Dorado County, but some are more reliable than others. Therefore, it is essential to ensure that you choose a reliable bail bond agent who will do everything in their power to get your loved one out of jail.
A property bail involves placing a person's property to assure that they will honor the future court dates. The properties include houses, vehicles, and other items of value. The court will place a claim or a lien on the property. If the defendant fails to appear in court, the court may seize these properties and force them to give up their ownership to facilitate disposal and bail payment. Therefore, a defendant must consider carefully before placing their property as bail. A property bond should be the last resort that should only come in if it is impossible to post cash bail or surety bail.
Own Recognizance Release
At times, the defendant can get out of jail by just promising to honor all the court appearances, usually known as own recognizance release. The court may trust and grant anyone own recognizance release as long as the following does not apply:
- The defendant faces charges for one or several crimes whose punishment is death.
- The defendant’s release would compromise public safety
- An own recognizance release would not be a guarantee that the defendant will appear in court.
California law often requires a court to release defendants on their own recognizance. However, the court may require the defendant to post bail if the defendant has committed a serious offense.
The court decides an own recognizance release during the arraignment process. Depending on the type of crime the defendant commits, an adversarial hearing might be necessary before the judge releases the defendant on their own recognizance. During the arraignment process, the defendant's attorney will present reasons why the defendant should be released on their own recognizance. The judge may also seek to know the prosecutor’s view regarding the defendant’s own recognizance release. The judge may request the prosecutor to provide any information that could help determine whether the defendant should be released on their own recognizance.
Qualifying For A Bail Bond In El Dorado County
How will a bail bond company determine whether you qualify for a bail bond?
When you call an agent, they will ask you several questions. The questions might appear personal but are necessary to enable the agent to evaluate the risk involved in underwriting the bond. The details that the agent may request include the applicant's: credit rating, employment, homeownership, family status, and citizenship, among others. The bail bond agent may also seek information about the defendant. This information will help the agent determine whether to request collateral or whether to do what is known as a signature bond.
The paperwork involved in posting a bail bond is relatively minimal. Mr Nice Guy Bail Bonds will provide you with an application form, indemnity, and receipt. Additional documentation may be necessary if collateral like real estate is involved. We won't take much time when you contact us to notify the jail where the defendant is that we have posted bail.
Requirements For Posting Bail In El Dorado County
The requirements for posting bail in California are straightforward. The cosigner must be above 18 years and should also be a legal resident in the United States. In addition, a bail bond agent may require the cosigner to be the following documents when posting bail:
- Proof of income, including a recent pay stub
- A valid identification document like a state identification or driver’s license
- A proof of residency — A utility bill can serve as proof of residency.
The cosigner will also have to provide the following information:
- The charges the defendant is facing
- The details of the jail where the defendant is
- When the defendant was born (date of birth)
- The defendant’s booking number
There are several ways of paying bail, including credit cards, cash, and money order, among others. Unless in exceptional cases, it typically takes around 20 minutes to process the bail paperwork. Most jail facilities release the defendant within four hours. At times, the defendant may be released in less than half an hour.
Bail Bond Collateral
Bond collateral can be in many forms, including cash, real estate, and other properties. The bail bond agent will request collateral to secure the bond if the risk is high or the bond amount is significant. Other factors determining whether collateral is a requirement include the defendant's credit history, history of arrest, residence history, employment, and how long the cosigner has known the defendant.
If the bail bond agent accepts cash as collateral, the cash will be deposited into an escrow account. In the case of property, a lien will be taken on the property until the premium fees are paid in full and the bond is exonerated.
When will the collateral be returned to the cosigner or its rightful owner?
The collateral will be freed after the bond is exonerated and all the premiums are paid. However, the collateral might be lost if there is a bond forfeiture. In case of forfeiture, the collateral will be liquidated to pay the bond’s face value and other unpaid expenses and premiums. Before you commit any property as bond collateral, it is advisable to read all the contract details carefully. At Mr Nice Guy Bail Bonds, we rarely request bond collateral. We are always ready to handle all clients’ questions and concerns regarding the bail process and collateral.
A Cosigner And Their Responsibilities
The cosigner, also known as an indemnitor, signs the bail contract or agreement on behalf of the person in jail. When you sign on behalf of the defendant, you will be financially and legally responsible for ensuring that the defendant will fulfill all the court obligations and show up to all court appearances. In addition, the cosigner accepts full responsibility for the total face amount of the bond if the defendant fails to return to court. This means that the cosigner will pay all the entire premium and other charges associated with the bond.
A cosigner needs to ensure that they know the defendant well. Because the cosigner will be taking on high financial risk, they should be confident that the defendant will fulfill all the court obligations. After the defendant's case is complete, meaning that the defendant honors all the court dates, the bond is exonerated, or the case is dismissed, the cosigner's responsibility will be fulfilled. They will not owe the court any other money.
The premium paid to the bail bond agent for the defendant's release must be paid in full irrespective of the case's outcome. If the cosigner is remitting payments to the bail bondsman through a payment plan, they must continue making the payments until they meet the total premium amount. There will be no other amount owed to the bondsman after the premium is paid off, and the file will be closed.
The Bail Bond Cost
How much does posting bail cost?
The bail bond premium is 10% of the bail amount. The California Department of Insurance regulates this amount, which applies to all bail companies. However, based on certain qualifying factors, the premium may be reduced to 8% instead of 10%. The following factors could help you qualify for a premium reduction:
- You have hired a criminal defense attorney to handle your case
- The involved person is a union member at work
- The involved person is an active member or a United States Military veteran.
Our El Dorado County bail bond agents provide flexible payment plan options and flexible financing options.
Failure To Appear
Failing to appear in court after being bailed out of jail, commonly known as jumping bail, is a crime on its own. The following may happen if the defendant fails to honor the set court dates:
- Forfeiture of the amount paid as bond
- The defendant may continue facing the outstanding criminal charges
- The court may impose additional charges for jumping bail
After bail forfeiture, the defendant has up to 30 days to surrender. Given that jumping bail is a crime on its own, the defendant’s innocence regarding the charges for which they were arrested will not serve as a defense for failure to appear in court.
The prosecution must prove that the defendant intentionally failed to show up in court. It should be evident that the defendant was aware of the court dates but chose not to appear. At times, the court may require the prosecution to prove that the defendant received a notice of the appearance in court. A defendant can use several defenses to show why they failed to appear in court.
The defendant might have been unaware of the court date. The defendant might also have missed appearing in court due to circumstances beyond their control. The prosecutor will not manage to prove that the defendant intentionally and willfully missed the court appointment as long the defendant acted responsibly afterward and did what they could to make things right with the court. If the defendant fails to appear in court, a cosigner should immediately inform their El Dorado County bail bond agent.
Choosing The Right Bail Bond Company
With so many bail bond companies in El Dorado County, what makes Mr Nice Guys Bail Bonds stand out?
- We provide fast and affordable bail bond services
- We provide in-depth answers to all your questions to ensure you make the right decision
- We design our services with the client in mind
- Our bail bond agents provide excellent services in a wide area of bail bonds.
El Dorado Court and Jail Information
El Dorado County Superior Court
Phone: +1 530-621-6426
El Dorado County Jail
Phone: +1 530-621-6000
El Dorado County Jail
Phone: +1 530-573-3030
Find An El Dorado County Bail Bond Agent Near Me
If your loved one has been arrested and you need a reliable bail bond agent in El Dorado County, you can count on Mr Nice Guy Bail Bonds. Our bail bond agents are responsive and will do everything possible to get your loved one out of jail within a short period. Contact us at 844-400-2245 and speak to one of our bail bond agents.