Facing criminal charges in the criminal justice system is very stressful. If you or your loved one is in jail and you cannot raise the amount required to post bail, it means that they remain in jail trial in court. In California, you can seek help from a bail bond company to pay a loved one's bail. When the bail bond company decides to take on your case, they post your bail and guide you through the bail process.
Understanding how the bail process works from the moment you learn of your loved one's arrest to the end of their case is essential when bailing them out of jail. At Mr. Nice Guy Bail Bonds, we will guide you through the bail process and facilitate your loved one's release from jail in Dulzura, California.
What is a Cash Bond?
Cash bail is the money you pay to the court in exchange for a loved one's release from jail with a pending trial. If the arresting officer does not release you in a citation, they will physically take you to the police station for booking into the jail cell. The booking process will involve taking your mugshot and documentation of your personal information. After booking, the judge will hold a hearing to determine the amount you must for a release before the case proceedings begin.
Cash bail is quite expensive since it has to be paid in full before the defendant can walk free. The judge determines bail, and if you want to pay in cash, you must deposit the total amount with the court clerk. If you face charges for a serious crime and you have an extensive criminal history, the court is likely to set your bail higher than that of a first-time offender facing minor charges.
If you cannot post cash bail, you will be forced to explore other options like using equity to property or seeking a bail bond. Some of the benefits you accrue from posting a cash bail include:
- No involvement of third parties. One of the most significant benefits of posting cash bail is that you do not have to involve third parties in the process. If you pay the total amount, your loved one will be released, and you can recover your bail money back after they appear for trial and the case ends. If you hire bail bonds services, you must cover the bail bond fee, which is non-refundable.
- Less paperwork. Cash bail is paid on the spot, and you will not have to undergo the tiresome process. Having less paperwork to fill means that you can secure a quick release.
- You can recover the full amount you pay from the court. If you post cash bail for a loved one who has been arrested, their only responsibility will be to attend their trial and follow all the court-imposed conditions. If the defendant does this and the case ends, you will recover the full amount. Bail is not a punishment for your crimes. Therefore, the criminal case outcome will not affect your ability to recover the money.
- No extra fees. Money is the most challenging thing to manage when seeking to post bail for a defendant. If the defendant faces minor charges, the bail may be lower than the bail associated with felonies. You do not have to worry about extra costs when you post cash bail.
Although posting a cash bail may be easy and fast, it is not the most convenient way to post bail. The downside to posting cash bail is:
You must Pay the Full Amount before a Defendant is Released.
Unlike a bail bond where you can pay the fee in installments, the court will not release your loved one until you have deposited the full cash bail. If you cannot pay the bail as soon as possible, the court could cancel it. Not many defendants can afford to come up with the amount required for bail on such short notice. When a loved one faces the justice system, you will need to save as much money as you can to cover the cost of defense. Therefore, using all the money to post a cash bail may not be the wisest decision.
Increased Risk of Losing your Money.
When a defendant fails to show up for trial after posting cash bail, you risk losing all the bail money in a forfeiture. However, when you post a bail bond, the court gives the Dulzura Bail Bonds agent time to find you and take you back to court, which may reduce the chances of forfeiture.
Cash Bond Opens Doors for Financial Scrutiny.
When you post a high bail amount in cash, the court may be suspicious about the source of your money. If the police, judge, or prosecutor suspects that you obtained the bail money in the commission of a felony, they could open an investigation on your finance. Also, cash bail posted for federal crimes must be subjected to an investigation. This often delays the bail process meaning that your loved one will need to spend more time in jail.
If you opt to post a bail bond with the help of a Dulzura Bail Bonds agent, you can keep your financial matters confidential. This is because the court will not question the source of the bail money from a bail bond company. Additionally, if your payment is $10,000 or more, the court will notify the State Government, and the funds will be subject to tax deductions. After taxation, you will not receive the full bail money when the case ends.
Refund Takes a While
Even when you pay the entire cash bail amount within minutes of the arrest, you may need to wait up to three months for the refund. Since courts have many cases, a bail refund could take longer. When the court finally refunds the cash bail money, they often do it using a check. This takes more time as you have to convert the check into cash. Also, you could incur some charges from the bank, which means that you will not recover the entire amount you paid.
Can a Dulzura Bail Bond Agent Help a Defendant Facing charges in Federal Court?
If you are arrested for an interstate or federal crime, you will be charged in federal court. Often crimes that can be charged in federal court happen over state lines, fraud, or offenses involving the destruction of federal property. The only way to secure a release from jail when you face federal charges is through a federal bond. Federal bonds work entirely differently from state bonds. A federal judge often sets your bail, and the amount could vary depending on the severity of your case.
In addition to the seriousness of your charges, the federal court may consider your criminal history and your flight risk when setting bail. Federal bonds are often very high and challenging for many defendants to afford. Fortunately, a reliable Dulzura bail bond agent can help you secure a loved one's release from jail while their federal charges are pending.
Due to the severity of the federal crimes, you will have to pay a high bail bond premium when you work with a bail bond company. The federal bail bond premium fee is often 15% of the bail, which is lower than the 10% recommended for a state bail bond. When you seek to post a federal bail bond, hiring a bail bond agent who is familiar with the federal court process is crucial.
In addition to the 15% premium, you should be ready to add 150% of the bail amount, which acts as collateral for the bail bond. When you post bail in federal court, the judge may add a requirement that you and your family prove that your collateral and the money used to pay for bail were not obtained from criminal activity. By doing this, the federal court ensures that money obtained through fraud, theft, or drug sales is not used to bail a criminal defendant out of jail.
One of the ways through which you can prove the legality of your funds is by presenting pay stubs and bank statements. When you wish to post a federal bail bond for a loved one, you need to hire a bail bond agent who is familiar with the federal bail bonds process and understands the requirements of the collateral hearing. If you have an inexperienced bail bond agent, the process could be held up, causing the defendant to spend more time in jail.
Dulzura, California Appeal Bond
In California, a person who loses their case in the local court has a right to appeal. When you file an appeal, you will request the California Court of Appeal to determine if any errors affect the outcome of your case. Maybe the State court judge applied the wrong law during your trial, or the jury made a wrongful finding of the fact that could have contributed to your conviction. Also, the appeal court can review the presence of substantial evidence to support the court's decision.
An appeal bond is a type of surety bond that a defendant must post to stop immediate judgment enforcement while they appeal their case. If the court allows you to file an appeal, the appeal bond will need to remain in place until the appeal process ends. An appeal could take months or years. At the end of your appeal, if the court upholds the original judgment, you must pay the damages awarded to the plaintiff.
When the judge sets an appeal bond, the court ensures that the appellant fulfills all their obligations regardless of the appeal outcome. The bond will cover:
- The costs incurred dues to a stay of execution
- The full judgment amount
In this case, the bond amount should be equal to or more than the amount required to satisfy the judgment, interests, and charges incurred during the appeal. As a result of the increased amount of money needed to post an appeal bond, many people cannot afford it.
Unlike other bonds, the premium required for the appeal bond is not dependent on the appellant's credit score. This is because you will be required to post collateral equal to or more than the bond amount. In addition to putting a stay on the judgment, these costs must be recoverable under the appeal bond:
- Reporter's transcript
- Preparation and transition of your records to the appeal court
- The written portion of the appeal court
Jails in Dulzura, CA:
Richard J. Donovan Correctional Facility
George F Bailey Detention
Chula Vista City Jail
Courts around Dulzura, CA:
San Diego Central Courthouse
Juvenile court San Diego County
Find a Reliable Bail Bondsman Near Me
Often, when individuals who have never been arrested find themselves in jail or receive word that a loved one is in jail, they could panic and not know the steps to take next. Either way, you cannot allow your loved one to rot away in jail while they wait for trial. There are several ways through which you could have them released in jail and one is securing bail in California.
However, a bail bond to bail a loved one or friend has been a longstanding option for many people because it is highly effective and fast. Instead of paying the full bail amount that a judge sets for the defendant, you can work with a bail bonds agent, which allows you to pay a significantly lower amount to ensure that your loved one comes home. At Mr. Nice Guy Bail Bonds, we understand the stress associated with bailing someone out of jail in Dulzura. We will provide the financial support you need to make this process fast and less complicated for you and the defendant. Call our agents today at 844-400-2245 to discuss your situation.