Bail is money you pay the court as surety to ensure you will attend all your future court hearings. The court can forfeit the bail money even if you fail to attend one court hearing. You can either post the bail in cash, using your property or services of a California Bail Bonds agent. The court does not set bail on every offense. Instead, the judge first reviews the circumstances of the crime and your criminal history. In California, the bail schedule guides the judge on the amount of bail they can set. However, the judges have the discretion to increase, decrease or set the bail as stated in the bail schedule.
If you or your loved one has been arrested, the priority is to secure their release. Thankfully in California, the court can release you before determining your case when you post bail. However, you should work with a bail bonds agency to expedite the bail bond process and promptly secure your release. At Mr Nice Guy Bail Bonds, we have been posting bonds for clients for a long time. We offer exceptional service and expedite your bail bond posting process to ensure you do not stay in jail a minute longer than necessary. So, if you need a bail bonds company in Pacific Beach, do not hesitate to contact us today.
How The Court Sets Bail In California
In California, the bail schedule guides the judges on the bail amount for various offenses. When the authorities arrest you in California, you can ask a family member or friend to check the bail schedule to determine the bail amount. You can also request a San Diego County bail bonds agency to check the bail schedule on your behalf.
The severity of your offense plays a vital role in the bail amount the court will charge. For example, if you are arrested for a minor crime like DUI, the court can release you after a booking without setting a bail amount. However, if the offense is in the bail schedule, the court will demand you post the bail or use a Pacific Beach bail bonds agent to post bail on your behalf.
The prosecutor can request the court to set a higher bail amount than stipulated in the bail bond schedule. The judge can agree with the prosecutor and increase the bail amount. However, the judge can also reduce the bail bond amount. Therefore, it is imperative to seek the services of a qualified attorney during the bail bond hearing. Your attorney can plead your case and request the judge reduce the bail amount or release you on your Own Recognizance. Your Own Recognizance means the court releases you without posting bail. However, you have to promise in writing to attend all your court hearings. If you fail to do so, the court can issue an arrest warrant.
What The Court Considers When Deciding On The Amount Of Bail To Charge
The court can reduce or increase your bail amount depending on the circumstances of the case and your criminal history. But the judge will consider some factors before agreeing to reduce the bail amount. Some of these factors include:
The Severity Of The Crime
The judge will consider the severity of the crime. If the offense is a serious felony like carjacking or armed robbery, the judge will likely increase bail. They may also deny you the bail altogether.
Circumstances Of The Case
The judge will also consider the circumstances of the case. For example, the judge will consider if you caused any injury to the victim during the commission of the crime. They will also consider if you made any threats while committing the offense. The court will also consider if you used any weapons and whether the crime is drug-related.
The Court Will Also Consider Your Flight Risk.
The judge is likely to increase or deny you bail if you are a high flight risk. However, your attorney can convince the court you are not a flight risk by proving you have a deeply entrenched connection with the community. For example, your attorney can inform the court you have a business in the jurisdiction, or you are employed and you are less likely to skip town. Your lawyer can also state that you and your family have lived in the area for a long time, so it would be difficult for you to run away.
Your Criminal History
Another important factor the court will consider is your criminal history. For example, the judge may reduce the bail amount if it is your first time committing the crime and it is not a capital offense. However, if you are a repeat offender, it may be difficult for the judge to reduce the bail amount. Additionally, if you have ever violated bail conditions in the past, the judge may deny you bail. In such a case, you will spend the entire duration of your trial in jail.
Conditions That Can Lead The Judge To Deny You Bail Altogether.
In California, the court can also deny you bail altogether. The judge can deny you bail if another jurisdiction has issued an arrest warrant against you. The court can also deny you bail if you have ever violated bail conditions set by the court. The court may also deny you bail for previous probation violations.
Can The Court Release You Without Posting Bail?
The judge can release you in California without posting bail under certain conditions. The judge can decide to release you on your own recognizance if you are a first-time offender and your offense is not severe.
Bail Conditions In California
Similar to probation, bail also has conditions that you must strictly follow. The judge may sentence you to house arrest with a monitoring device to monitor your movement. In most cases, the judge will direct you to wear the ankle monitor if you are accused of committing crimes like domestic violence or threatening to harm the victim.
If you are accused of committing an alcohol-related crime, like causing great physical injury or death because of a DUI, the court may require you to always wear a monitor to check your alcohol level. The court may also order you to surrender your driver's license or passport and order you not to leave the jurisdiction without its express permission. The bail condition can also prohibit you from drinking and driving, no matter how little the quantity of the alcoholic drink.
Types Of Bonds In Pacific Beach, San Diego
In California, you can post bail through various avenues. For example, you can post the bail through cash, use property to secure the bail or use the services of a bail bonds company.
One of the easiest and fastest ways to post bail is through cash. Posting bail through cash is cheaper than using a bail bond agent since the court refunds the cash once the court determines your case, no matter the outcome. You will receive your money back provided you attend all your hearings. The court may forfeit the cash if you miss your hearings.
How Do You Post Cash Bail In San Diego, California?
You can post the bail in cash or through other financial instruments, including a money order, personal check, debit or credit card. In some cases, the court may also accept a personal check.
Can The California Court Refuse To Accept The Cash Bail?
The court may refuse to accept the cash bail under various circumstances. Firstly, the court may reject the cash if the source of the funds is suspect such as being the proceeds of a criminal business. The court may also refuse the cash bail if you are suspected to be involved in embezzlement or dealing with drugs. However, the court can give you a chance to defend the legitimacy of the source of the funds.
In most cases, the court will set a substantial amount as bail. You will pay it in cash if you can afford the bail amount. However, if you cannot afford the bail amount, you can use the services of a Pacific Beach bail bonds company.
In California, the bail bondsman usually charges a fee or a premium for posting the bail on your behalf. Under California law, the fee cannot exceed 10% of the bail amount. So, if the court sets the bail at $100,000, the bail bonds agency will charge $1,000, which is 10% percent of the bail amount. The agency can also charge other related costs. However, the fee and additional associated costs are non-refundable. Once you pay the fees, the bail bondsman will deliver the bond to the court to secure the release of your loved one.
The bail bondsman promises to pay the bail amount should you, as the defendant, fail to appear in court or skip town. Therefore, the Pacific Beach bail bond agency requires collateral to secure the bond. The value of the collateral you offer must be more than the bail amount. If you fail to appear for your hearing and the court forfeits your bail, the San Diego bail bonds company will sell your property to recover the cash they used to pay for your bail. Remember, when you skip town, the court demands the bail money from the San Diego bail bonds company that posted bail on your behalf.
It is never a great idea to skip town when you are out on bail. If you do so, the judge will issue an arrest warrant. If you had committed a misdemeanor, the court would charge the offense of failing to appear in court as a misdemeanor. If your offense was a felony, the court would charge the offense of failing to appear in court as a misdemeanor. Once the authorities arrest you, the court will forfeit your bail, and the judge may send you to jail until the court rules on your case.
Can You Lose Your Bail Money If You Fail To Appear In Court?
If you fail to appear for your hearings, the court can forfeit your bail if you had paid in cash. The case is similar if you had used a bail bonds agent. However, the court will demand the bail bonds agent’s bail amount unless they apprehend and present you before the court.
Most Pacific Beach bail bonds agents use bounty hunters. Bounty hunters are professionals whom the bail bonds agency uses to find defendants who skip court hearings. The bounty hunters have a legal mandate to locate, apprehend and present you to court for your hearing.
The court gives the bail bonds agent a specific time frame to find you before it demands the bail money.
The court can vacate the order to forfeit the bail provided you appear within 180 days and have a valid reason why you missed your court hearings.
Some of the varied reasons that the court may accept include:
- You suffered a severe injury or illness that prevented you from attending the court hearings. However, you must present a valid medical report from a qualified health practitioner to collaborate your claim.
- The court may vacate the order to forfeit your bail money if you become disabled and couldn't attend the court hearings.
- You were under arrest.
- You have a mental illness.
However, failing to appear for the hearings has far-reaching financial and criminal repercussions. The court can charge you for failing to appear for your hearing in addition to the primary charges. The court can also forfeit your bail and order you to remain in jail for the remainder of your trial.
Jail And Prison Information In Or Near Pacific Beach, San Diego
Jail Information In Or Near Pacific Beach, San Diego
Correctional Alternatives Inc(CAI) - Boston Avenue
Correctional Alternatives Inc(CAI) - Ocean
Girls Rehabilitation Facility
Court Information In Or Near Pacific Beach
San Diego Superior Court
San Diego Superior Court - Kearny Mesa Traffic
Phone: 858 634 1800
Hall of Justice
Phone: 858 634 1919
Call A Bail Bonds Agent Near Me
Imprisonment is a traumatic experience, especially if it is your first time behind bars. In California, the court can release you from jail before determining your case after you post bail. Bail allows you to better prepare for your defense. However, you need to enlist the services of a professional and highly competent bail bonds agent to post bail on your behalf. At Mr Nice Guy Bail Bonds, we are the number one bail bonds agent, and for a good reason. We have posted bail for numerous clients seeking bail bond services in Pacific Beach for over twenty years. If you or your loved one needs to post bail in Pacific Beach, do not hesitate to contact us at 844-400-2245.