If arrested, the California bail system enables you to secure your release and remain free, awaiting your trial. This release is only possible after you have promised to show up in court when required for your case proceedings. The promise could be in the form of money. If you cannot afford to pay the money in cash, you can hire a professional bail bonds company to pay it for you.
At Mr Nice Guy Bail Bonds, we understand that sudden events like an arrest occur, and we will support you to obtain your freedom thanks to our several decades of experience. We are always available to bail out suspects arrested in Guatay as soon as possible. Our bail agents are also highly trained to offer services that satisfy our clients' needs.
The Definition of the Word ‘Bail’
If you are arrested in Guatay, the arresting officer will not set you free unless they are sure you will attend the court proceedings for your case. If your crime is minor, the officer will release you on a citation at the scene of the arrest. Citation release means the arresting officer will not take you in for questioning. Instead, they will issue you with a citation and let you go with the promise that you will come to court when required. A citation is simply a written notice.
If your crime is relatively severe, the officer will take you in for questioning and booking. Booking entails recording your details, taking your photograph and fingerprints, confiscating your personal effects, criminal background checks for outstanding warrants or checking for your criminal record, and other steps. After booking, the arresting officer may release you OR (own recognizance release) if your crime allows. OR release is also known as personal recognizance release. If you are being released OR, you will be required to sign a written promise that you will appear in court when requested to and will not engage in unlawful activity while out on OR. This kind of release is possible in non-violent, less serious misdemeanor crimes.
If the arresting officer does not release you OR, it means they will place you in a holding cell, and you may have to deposit some funds to the court for you to be released. That money is known as bail, and it acts as a promise that you will show up for your court proceedings, including trial.
The Guatay Bail Setting Process
Bail is determined and set by the judge during the arraignment or bail hearing. Bail has to be set within forty-eight hours into your arrest. When setting bail, judges are guided by a bail schedule. They can set bail at the exact amount indicated on the bail schedule or reduce or increase it. The judge also has the power to deny bail. They also have the authority to release you on your own recognizance. When determining what amount to set as bail, denying, or releasing you OR, the judge considers these factors:
- Whether you are a flight risk
- If you have strong family and community ties
- The severity of your supposed crime
- Your history of court appearances
- Your criminal history
- Whether or not you pose any danger to the public
- Your background check
- Existence of mitigating/aggravating factors in your case
Ways to Post Bail in Guatay
There are many ways to post bail, and each comes with its sets of rules, regulations, and purpose. These ways include:
- Using property— you can post your bail using your valuable property such as jewelry, car, home, or even electronics. This is known as a property bond. If you do not attend court as required, the court forecloses the property and sells it to recover the bail amount. The disadvantage of posting a property bond is that the process is time-consuming since the court must first evaluate the property and disclose any liens. The court also requires that property value be double the bail value for you to use this method of paying Therefore, considering that most people wish to secure their release from jail as soon as they are arrested, few people use this method of making bail.
- Using cash— you can also deposit the full bail amount in cash with the court to secure your release. However, you need to have enough money to equal the required bail amount for this to be possible. You could also pay using a check or credit card. Cash bail is rarely sought because most people cannot afford to raise the necessary bail amount as it is usually so high.
- Using a Guatay bail bond company— posting bail through a bail agent is the most effective way to post bail, particularly if you cannot afford the set bail amount. The bail agent will post a surety bond for you, and in exchange, you will pay them a given percentage of the total bail amount. This percentage is usually 10%, and it is non-refundable. Some companies offer discounts so that instead of paying 10% percent of the bail amount, you end up paying 8%, 7%, or lower than that. However, these discounts are offered to specific clients, including teachers, union members, military members or veterans, and clients represented by an attorney. You will require someone to co-sign the bond so that in case you jump bail, the bail agent will go after the co-signer to recover the bond amount.
1275 PC Hold
A 1275 PC hold refers to when the court places a hold on your bail because there exists a reasonable belief that the cash you used to pay the bail originated from the commission of some kind of a California felony offense. Remember, there has to be a suspected felonious activity for the hold to occur. It does not apply to alleged misdemeanor crimes. Per Penal Code 1275.1, a prosecutor, judge, or police officer can request a hold if they believe you feloniously acquired the money you are using to obtain bail.
PC 1275 holds are prevalent in cases involving drug charges, gang offenses, embezzlement, grand theft (felony), and extortion.
You can contest a Penal Code 1275 hold at a Penal Code 1275 hearing. After the prosecutor, police officer, or judge shows probable cause that your bail money originated from a felony, and the court puts a hold on bail, you could demand a hearing to contest the hold. At this hearing, it is upon you to show that the cash is clean. 'Clean' merely means the cash did not originate from unlawful activity.
Note that your burden of proof at this hearing is by a preponderance of the evidence. You meet this burden if you can prove that it is more likely than not that your bail money came from a clean source. To assist in proving that you obtained the bail money legally, you can present proof such as:
- Sales transactions
- Loan agreements
- Pay stubs
- Tax returns
- Bank statements
- Rent/mortgage payment or documentation
- Proof of income
- Auto payments
You may also call upon eyewitnesses to testify about the legal nature of the funds involved. It could be your lawyer, bail agent, or a friend/loved one. If you successfully prove that the money is legitimate, the court will remove the hold and allow you to use the money to make bail.
Posting Bail Online
A person can secure a bond on your behalf at the comfort of their home thanks to the online bond posting option. Whether the individual posting the bond for you (co-signer) is in Guatay or not, they can bail you out of jail. That means posting bail online is a good option for relatives, colleagues, parents, friends, or grandparents who live far away to travel to the bail bonds company offices, yet they are willing to help. All they have to do is make the first down payment, then make the rest of the payments from their computer or phone.
Before starting the application procedure, your co-signer will need to provide your full name, physical address, email address, birthday, phone number, the alleged crime, and occupation. This info helps the Guatay bail agent contact you after you have been released to ensure you understand your responsibility to attend court.
The bail agent will also need your co-signer to provide their full name, photo ID, social security number, birthday, driver's license, and official ID. The agent will utilize this info to conduct the cosigner's background check. The co-signer may complete documents online and sign via DocuSign, email, fax, or any other way they see convenient.
Even though giving this info online is uncomfortable, it is worth knowing that it is done through secure networks, and the bail agents do not share the details with people outside of the process. Payment methods your co-signer could use to secure a bond online include Bitcoin, cash, Coinbase, wire transfers, prepaid cards, western union, Venmo, Zelle, credit cards, debit cards, and PayPal.
Securing Your Guatay Bail Bond Using Cryptocurrency
Whereas it is convenient using Bitcoin and Ethereum to make bail, you cannot use these to meet your bail requirements. Because the values of cryptocurrency are volatile, courts do not recognize them as money orders, cash, or any other standard payment method.
Luckily, all is not lost. Calling a Guatay bail agent will allow you to secure your bond in just a few minutes. The bonds company will only need a 10% premium to secure your release. You can talk to your bail agent to know more about how you can use BitcoinCash, Litecoin, Ethereum, Bitcoin to pay for the premium.
1% Bail Bonds
We mentioned that you must pay the bail agent a 10% premium to post a bail bond. This is how bail companies make money. The premium is the company's charges for its services. You can, however, negotiate payment when seeking to secure the bond. The company will need you to be honest, professional, and straightforward about your financial position when negotiating pay. Among the factors that the bail agent will consider are:
- Possible jail term
- Employment status
- Your bond method of payment
- Your financial situation and credit rating
- The severity of the supposed crime
- Assets and collateral provided
- Criminal background
If you prevail in the negotiations, the bail agent may allow you to pay a 1% down payment and then later pay the remaining fee.
Processing 1% Bonds in Guatay
The period it takes to process a 1% down bond depends mainly on the bail amount, crime, jurisdiction, and the period of your court case. The bond could be processed the very day you are arrested. If the arrest occurred at night or on the weekend, you might be forced to wait until the following business day.
Once the judge sets bail, your release will primarily depend on how quickly you or a friend/loved one contacts a bonds company. The company will then call the jail facility where you are held to post the bond. It will generally take between 30 minutes and four hours for you to be released after posting bail based on how busy the jail is.
When you take a 1% down bail bond, you are responsible for informing the bail agent when there are any modifications in your address, name, or social security number. Notifying the agent about the changes will prevent you from facing legal battles for defaulted payment.
Pine Valley Substation
The San Diego Central Jail
George F. Bailey Detention Facility
Contact a Qualified Bondsman Near Me
Having to notify your friends or loved ones that you have been arrested may be a frightening and emotional experience. At this moment, all you want is to raise the bail amount the court is asking for and secure your release. At Mr Nice Guy Bail Bonds, we know that mistakes happen and believe you are innocent until the court finds you guilty. Therefore, you do not have to be stuck in jail if you can be free to help prove your innocence. We will work aggressively to secure a quick release. We deliver confidential, 24/7 bonds services to clients seeking our services in Guatay. Our bail agents are also trained to provide various bonds and return your life on track. Please call us at 844-400-2245 to know how we may help you.