The 8th Amendment to the United States Constitution guarantees all citizens are entitled to bail. The amendment allows you, the defendant, to pay some amount of money to the court to secure your release from detention. It will enable you to resume your daily life, work responsibilities and return to your loved ones. However, when an arrest occurs, you are not prepared. You could not have adequate money or collateral to post your bail. That is where Mr. Nice Guy Bail Bonds can help. With a pocket-friendly premium, you can have your Lakeside bail bond paid and reunited with your family and friends within hours of the arrest.
About Bail Bonds in Lakeside
Bail is the amount of money a defendant posts to be released from custody while awaiting trial. It is not meant to punish the accused but to ensure they attend all their scheduled court hearings. Typically, the bail amount is refunded to the defendant once the criminal case is closed, minus the processing fee.
However, why was bail implemented? How is it essential to criminal cases?
All U.S. citizens are innocent until proven guilty. The presumption of innocence is at the core of every criminal legal matter. The mandate of the justice system is not sentencing persons but protecting the innocent and safeguarding the public. When a suspect is arrested, they have not been convicted of the alleged offense, and it is unfair to detain them for a prolonged duration without a conviction. However, suspects could flee the jurisdiction, go into hiding, or endanger more persons while awaiting their trial. That is why bail comes into play.
Additionally, bail lowers taxpayers' burden. It can be expensive to hold every suspect in police custody until their trial date, which could take many months. One of the pretrial conditions is being a productive citizen by maintaining or seeking employment.
Being released on bail also helps you prepare for your case and build your defense. By working with your criminal defense lawyer, who knows how to collect evidence, you can effectively challenge the allegations against you.
The judge sets the bail amount based on factors, like:
- The likelihood of the accused fleeing
- The nature and severity of the alleged crime
- The community's safety
- The defendant's community ties
Sometimes the judge could release the defendant on their own recognizance (without paying any amount) on the promise that they will attend all court hearings. Typically, this occurs when the accused has strong community ties and other circumstances proving they are less likely to flee town.
There are numerous ways of posting your bail amount in Lakeside, including:
- Using property
- A surety bond from a Lakeside bail bond agent
How Cash Bail Differs From Surety Bond
When it comes to cash bail, the defendant or a person offering the money to the accused pays the entire bail amount to the court. They can pay using a credit card, money order, personal check, traveler's check, or cashier's check. Then the court holds the money as collateral. Once the case is closed and you comply with your release conditions and attend court hearings, the court refunds the money.
For a small bail amount, this option is logical. It is seamless to complete and does not need collateral. Nevertheless, if the set bail amount is high, it is challenging for most defendants to afford the entire amount. That is where a bail bond agent comes in handy.
On the other hand, a surety bond encompasses an agreement between the accused, a bondsman, and the court. You or your co-signer will pay the bailing agent a percentage of your bail amount (usually 10%). Then the agency will offer the court a bond indicating that it will be accountable for your bail amount if you skip bail. When you attend all your court proceedings, the court will issue a letter of exoneration. The letter indicates that you are neither on bond nor your bond agency responsible for your bail.
Due to the financial risk involved, your bondsman will require collateral. Most seasoned agencies take:
- Real estate in the form of a title to your property
- Bank account
- Bonds and stocks
You temporarily lose access to your possession when you put an asset on bail until your loved one appears in court, but you receive it back after the case is closed.
Why Surety Bond is a Better Option Than Cash Bail?
While cash bail can help you save on the premium the bondsman requires, it is recommended to engage the agency due to a lot of back and forth with the cash bail.
If the court believes that you acquired your bail money feloniously, the court will hold your release and schedule a hearing to settle the matter. Therefore, even if you can afford your bail, it is wise to retain a low profile and use a licensed Lakeside bail bonds agent. It is especially true when accused of a drug crime or white-collar offense.
If you need help determining the best option for you, consider consulting with the friendly and skilled professionals at Mr Nice Guy Bail Bonds.
Mistakes to Avoid When Posting Bail
When you require bail promptly, you are more likely to make incorrect decisions that can result in more trouble or have your back in detention. To prevent that from occurring, here are common mistakes to avoid.
Choosing an Inappropriate Co-signer
Although your bail bond agency can offer any bail bond amount, it will require protecting itself from the financial risk and hence request collateral. If you cannot satisfy the financial requirement, you will need a co-signer.
Choosing the appropriate co-signer is paramount because it will ensure your bondsman approves your bail bond, securing your release faster. Ensure the individual has an identification card, proof of residency, and employment evidence. The co-signer should have adequate money to pay both the agency's premium and your entire bail amount.
Finally, ensure the co-signer understands the conditions outlined in the indemnity agreement and is comfortable with them.
Waiting to Post Bail
Many people arrested in the wee hours of the night assume that they should wait until morning before contacting their bondsman. However, most experienced Lakeside bail bond agents are available 24/7. Call your bondsman after speaking with your defense lawyer to ensure you do not spend a lot of time detained. The process of posting bail is lengthy and involves filing the necessary paperwork and working with the court. The earlier you contact your agent, the earlier you will be out of police custody.
If you are seeking another person's release, you should have the essential information about your relative before calling the bondsman. Having the details on hand speeds up the bail securing process. The details include:
- The accused person's name
- Address and telephone number
- Booking number
- Alleged crime
- The jurisdiction holding the defendant
- County in which your loved one was arrested
Re-Arrest After Being Released on Bail
The last thing you want is to be detained again. After your release, it is best to be in your best conduct and maintain a low profile. Going back to jail can result in increased legal fees and court fees. Moreover, it will ruin your reputation with the court, and the bonds company could withdraw the bail because they cannot trust you.
Failing to Read and Understand Your Bail Terms and Conditions
When released on bail, the judge imposes conditions that you should follow. Violating the conditions results in further charges. Depending on your criminal case circumstances, the judge could require you to:
- Maintain a schedule of regular check-ins with a pretrial service officer
- Remain within your local jurisdiction
- Surrender your passport or driver's license
- Maintain your employment responsibilities or seek employment if you are not employed
- Avoid contacting the alleged victim (stay away order)
- Surrender firearm or refrain from buying a new gun
- Attend court-ordered classes such as an anger management program or drug counseling
- Stay sober and clean
If you have challenges understanding any of your conditions, do not hesitate to request clarification from your bondsman or defense lawyer.
Missing Your Scheduled Court Date
Many assume that their criminal cases are closed once released on bail. Failing to show up in court when required can result in bail revocation.
Providing Wrong Information
You must submit correct details to avoid being denied bail when posting your bail. Also, anything fishy in your paperwork can result in your bondsman withdrawing their help. Ensure you double-check your information before posting bail.
If your bail is revoked, the judge issues a bench warrant. On top of being detained, your bondsman could revoke your initial bond. That means you should sign another bond agreement and pay additional fees to the agent to secure another release.
Debunking Common Lakeside Bail Bonds Myths and Misconceptions
Being arrested is overwhelming. You could have many questions due to movie portrayals and common perceptions that make the bail bond system seem challenging and harsh. Discussed below are common myths about bonds.
- You need the entire bail amount in cash — The misconception prevents people from bailing their loved ones out of police custody because they believe they cannot raise the amount. In reality, you only require the entire amount if you choose to post cash bail. Bail bonds are tailored to help you secure a release without requiring the whole figure. All you need is to pay your bondsman their premium and provide collateral. The agency should guide you through your payment plan and financial responsibilities.
- A bondsman can make a bail deal for a defendant — Only the judge has the discretion to grant bail and set the amount. A bondsman cannot arrange bail for you if the court has denied it. The agency comes in after the bail amount has been set. If you believe you have been denied bail unjustly or the set amount is too high, please speak with a skilled defense lawyer who can assist you appeal the decision. Please note that your bail bond agent can also not negotiate your bail amount for you.
- Bail bond premiums are refunded once an accused person is found innocent — Premiums are non-refundable regardless of the criminal case outcome. They compensate your bondsman for the risk of posting bail on your behalf.
- Every suspect arrested is eligible for bail — The judge determines who qualifies for bail and when. Sometimes defendants are detained until they meet specific conditions. The judge could deny bail if you are a community threat or face severe criminal charges.
- You can only pay the bondsman's premium in cash — Although you can pay the premium in cash, you do not have to. Most seasoned bondsmen in Lakeside accept checks, credit cards, and money orders. You can also pay the premium in installments. Please note that you must pay the entire premium amount regardless of the case outcome if you choose installments.
- You do not have to attend your court hearings after being released — The opposite is true. Bail is meant to ensure you continue your criminal case process while out of jail. However, you should comply with all bail conditions, including attending your scheduled court hearings. Otherwise, the judge will revoke the bail and issue your bench warrant.
Lakeside Court, Jail, and Police Department Contact Information
San Diego County Sheriff's Department Lakeside Substation
Phone: (619) 938-1360
Superior Court East County Division
Phone: (619) 456-4100
San Diego Central Jail
Phone: (619) 610-1647
Find a Skilled Bondsman Near Me
Imagine being arrested in Lakeside and navigating the complicated California judicial system. Doing it alone, particularly when anxious and confused, could land you in more trouble after making wrong decisions. Consequently, it would help if you considered seeking the help of a bail bond agent.
At Mr. Nice Guy Bail Bonds, we understand what you are going through and can stand with you throughout the process. We are committed to attention to detail and compassion that ensures we meet your concerns, whether an emergency, question, or a flexible payment plan that meets your needs. Contact our office at 844-400-2245 for immediate attention to your needs and to secure your release as soon as possible. Our experienced bonds agents will be glad to help you at any time of the day.