Being under arrest can suddenly become a stressful and confusing experience, especially if the accused crime is severe. Not only do severe crimes like driving under the influence (DUI) attract severe penalties, the monetary amount of bail the court will require you to pay to be out of custody before the alleged case’s final verdict will often be unaffordable.
That is where credible bail agents at Mr Nice Guy Bail Bonds steps in to ensure you don’t have to spend another day in any jail in San Diego County pending the final verdict on the alleged offense. Forget about the myths you’ve heard about bail bond agents and contact us for quick and cheap bail bond services that you need to have your freedom back without delay following an arrest in Pine Valley.
Apart from posting your bail, we will also offer you the relevant legal advice you need as the alleged case continues to protect your interests and increase your chances of winning the case.
How an Arrest Occurs
Typically, an arrest occurs when any law enforcement officer observes you committing an illegal activity like drug peddling or when they have probable cause that you are likely to commit an offense. Also, an officer has the authority to arrest you at any place if they have a valid arrest warrant from the court.
Generally, obtaining this arrest warrant will require a law enforcement officer to prove to a judge that they have probable cause to apprehend you as a suspect in a crime. Probable cause is the reasonable basis that you are likely to commit an illegal activity or, maybe, you are a culprit in a particular crime.
For example, in a DUI case, a traffic officer will have a reason or probable cause to arrest and detain you if:
- Your breath tests results exceed the legal limit
- Your eyes are red or watery
- They can see beer cans at the backseat of your car
After an arrest, you should bear in mind that you have some constitutional protections, including:
- Right to stay silent or stop talking whenever you want
- Right to have an attorney in your corner
- Right to humane treatment
Your Options After an Arrest in Pine Valley, California
Unfortunately, you do not have several options after an arrest. After passing through all the stages of the booking procedure, the officer will detain you until you post your bail.
Bail is typically the amount of money you pay to guarantee your appearance in court once you are out of police custody temporarily as the alleged charge continues through various stages of the legal justice system. Depending on the nature of the accused charge, you could be eligible to pay bail while at the police station or not.
If not, you must wait for the court decision on your bail issue at the bail proceeding or hearing, which will be your first court appearance. If you already have an attorney, they can show up on this court proceeding on your behalf and help you convince the court that you deserve the minimum bail amount possible.
Once you know your required bail amount, you should make the necessary financial arrangement to make the payment within the shortest time possible. Generally, you can post bail through either of the following acceptable ways to obtain your freedom after an arrest in Pine Valley, California:
Posting bail using cash is a quick way of securing your much-needed freedom after an arrest. However, it is not a favorable option for everyone because judges will typically require a high bail amount for most crimes to prevent a defendant from freeing once they have their freedom back.
If you choose to post your bail using cash, you must have the total amount in cash or have someone ready to post the money on your behalf.
Use an Asset or Property
Instead of paying cash bail, the judge may also permit you to surrender an “actual” property or asset as surety for your release, pending the outcome of the accused charge. However, the monetary value of your collateral must be double your total scheduled bail amount.
Although posting bail using an asset as surety for your freedom seems like a great idea, you risk losing the property to the county when you miss your court appearances.
Use a Bail Bond
Using a bail bond or a surety bond is the most preferred and reliable way of posting bail following an arrest. To post a bond, you will need the services of a licensed bail bondsman who will post the required bail amount on your behalf. However, you will have to pay them a certain percentage of your bail amount as their premium or services fee in exchange for your freedom.
What to Expect If You Forfeit Your Right to Post Bail
Since “you are innocent until proven guilty,” paying bail is a chance you cannot ignore following an arrest for any alleged charge in Pine Valley. Unfortunately, if you fail to post bail, you will sit behind bars until the alleged case trial date, which can take weeks, months, or even years.
However, if the accused offense is non-severe or non-violent, you could be eligible for an OR (Own Recognizance) release during the arraignment hearing to save thousands you would pay as bail. You could be eligible for an OR release if:
- Your freedom cannot compromise the wellness and safety of the victim and other people in your community
- The accused offense would not attract a death sentence upon conviction at trial
- There are enough reasons to believe that you will be available on your upcoming court dates, for example, strong community ties
Common Myths About Bail Bonds
Several misconceptions and myths are floating around about bail bonds, and we are here to provide clarity. Some of these myths include:
You Must Pay the Bail Bondsman’s Services Fee Upfront
One of the most common misconceptions about bail bonds is that you must pay the bail bondsman's services fee upfront, which is not true. Typically, a bond dealer or agent will charge you a non-refundable ten (10%) percent of your total required bail amount as their services payment or fee.
If you don’t have this money at hand, a dependable and understanding agent can organize a flexible payment plan to allow you to settle this payment over time. In some cases, the bond agent may want you to put up a valuable property/asset as collateral for your needed freedom because they will be risking a significant amount of money for your freedom. You can give out any of the assets or items below as collateral:
- A valuable jewelry
- Real estate
Bail Bond Dealers Sets Their Services Fee
Some defendants fear that an agent can take advantage of their situation and request unaffordable services fees. However, this is untrue, and a credible agent cannot do this because this move can ruin their reputation.
Typically, all regulations and fees for posting a surety bond are regulated by the state, meaning it will be unlawful for an agent to request you more than 10 percent of your bail amount as their services fee.
Bail Bonds Industry is Full of Scammers
Another common myth about the bail bonds industry is that it is full of scammers. However, this is untrue because there are strict regulations in this particular industry. After all, it is a critical part of the criminal justice system. Like any other business, before an agent obtains a license to offer bail bond services, they must meet the required conditions by the relevant licensing agency, for example:
- Prove that they are in school and continuing with relevant educational courses
- Prove that they have adequate financial resources for this business
To avoid risking your freedom with possible scammers or mediocre experts out there, you should take ample time to find a licensed bond dealer to be certain of professionalism throughout the bail bond process.
Court Procedures to Anticipate After Posting Bail
After posting bail, one of the requirements you must comply with is being available for your court-scheduled hearings to counter the alleged charge. Below are court procedures you should anticipate after posting your bail:
Preliminary “Pretrial” Hearing
Also known as probable cause hearing, the preliminary hearing is an important stage of the criminal justice system, occurring within ten (10) days after the bail hearing or the arraignment. At the preliminary hearing, your attorney will have a chance to cross-examine the prosecutor’s case to determine if they have sufficient probable cause to support the alleged charges against you.
If your attorney believes that the prosecutor’s evidence is weak to secure a conviction against you for the alleged offense, they may request any of the following motions:
- Motion to suppress – According to Penal Code 1538.5, your attorney can request this motion if they believe the prosecutor has illegal evidence against you. For instance, evidence obtained through illegal search and seizure in your private property
- Pitchess motion – Typically, your attorney has a right to request this motion if they believe that you are a victim of racial profiling or police misconduct which are some of the main causes of wrongful convictions
- Motion to dismiss – Your attorney can raise a motion to dismiss under Penal Code 995 if they believe the prosecutor lacks sufficient probable cause for the alleged charges
If your attorney can support any of the above motions with proper evidence, the judge will drop or reduce the alleged charge against you. Because this is the stage where a majority of criminal charges resolve, it is a brilliant idea to have an experienced attorney on your side to stand a chance of securing a favorable outcome on the alleged charge.
The Trial Hearing
A trial in the criminal justice system is a court proceeding where jurors or a judge will decide whether or not you are guilty of the accused offense. Typically, you have a legal right to have a jury make the final verdict on the accused charge as long as it is not an infraction.
To obtain a conviction against you, the prosecutor presiding over your case must demonstrate their evidence to convince the jury beyond a reasonable doubt that you are guilty of the alleged offense. If the prosecutor lacks sufficient evidence to prove your guilt beyond a reasonable doubt, the judge can reduce or dismiss the alleged charges.
However, if the allegations against you are true, meaning you are guilty of the accused charge, your case will proceed to the sentencing phase, where you will know your penalty.
A sentencing hearing will happen separately from the trial hearing in most cases. Typically, at this hearing, the judge will consider the recommendations from the prosecution team and your attorney when deciding the appropriate sentence or punishment for your charge’s conviction.
Depending on the nature of the accused charge and mitigating arguments from your attorney, you could be subject to the following possible penalties at the sentencing hearing:
- An incarceration term in the county jail or state prison
- Informal or formal probation
- Both fines and an incarceration term
Courthouses and Jail Locations in Pine Valley, CA
The information below will come in handy if you want to help someone post bail after an arrest for any alleged charge in Pine Valley, California:
Find a Pine Valley Bail Bond Agent Near Me
Undoubtedly, moments after an arrest can be highly confusing to any person regardless of their income level or status. To lessen the financial burden of bailing yourself out of jail following an arrest, you should consider retaining the services of a bail bond agent for speedy bail bond services.
We invite you to call multilingual bond agents at Mr Nice Guy Bail Bonds at 844-400-2245 if you or someone you care about is under arrest in Pine Valley, California. We are available 24/7 to ensure your loved one is out of police custody within the shortest time possible following an arrest for any alleged crime.