Arrests and court appearances are often highly stressful for both the defendant and their family and friends. To make matters worse, the court demands an unexpected sum of money to get the defendant out of jail as they await their court appearance. A reliable Potrero bondsman can help alleviate the confusion associated with the process. A bail bond comes in handy in securing the defendant's freedom awaiting court hearings without draining all your savings. Understanding the aspect of bail bonds is crucial to keep your loved ones from remaining in jail when they do not have to. Here, Mr Nice Guy Bail Bonds provides a detailed guide to California bail bonds. What are bail bonds, how do they work, what you should do after an arrest, and other crucial facts that can get you out of a tricky situation.
Understanding Bail Bonds
After an arrest, when the defendant is in custody awaiting the court date, they can regain their freedom upon paying an agreed sum of money to the court. Once the defendant honors all the future court hearings, the money is returned to the person who paid it. This release fee is known as bail and often varies among states.
When the court requires the defendant to pay bail, the defendant or their loved ones might not have adequate money. A bond agency comes in and pledges money to serve as surety that the defendant will appear for the scheduled court dates. Loan institutions and banks rarely provide bail money. Only bail bond agencies are willing to take this responsibility and risk to assist the defendant. The defendant's family or friends will work with bondsmen to secure the defendant’s release in several hours after the court sets bail.
How bail bonds work and how courts set bail will vary based on the state. Certain states have bail schedules that guide judges in deciding the bail figure based on the defendant's crime. Other states leave the judge to use their discretion to set bail while considering factors like flight risk and other factors.
Qualifying For Bail
Any person facing a non-capital offense is entitled to bail. States in the U.S. have different rules that apply based on the defendant's crime. The defendant will have to stay in custody if the judge considers them a flight risk or threat to the public. The court should grant bail if the defendant has not committed a capital crime. Only the amount will vary.
After an arrest, the judge gives the defendant a court date and a bail amount. It is now up to the defendant and their family and friends to pay for release between the arrest and the court date. A bondsman comes in as a third party and helps place a surety, assuring the court that the defendant will attend all future court hearings.
Once the bondsman posts bail, they must ensure that the accused attends all the set court hearings. If the accused fails to attend a hearing, commonly known as skipping bail, the agent will hire a bounty hunter to track down the defendant and hand them over to the court. Most courts offer a grace period within which the bondsman can trace and return the defendant to court to release the bail money to the bond agent. The bounty hunter will strive to track the defendant and take them back to court within the grace period.
If the arrestee skips bail and never returns to court, the court will take all the money placed by the bail bond agency. The agency will then take over the collateral to secure the bail bond, usually provided by the defendant’s relative or friend. It is essential that the arrestee attends court and all parties work together to follow the necessary legal processes.
The Common Types Of Bonds In California
There are numerous types of bonds in California. The most common are:
A cash bond is a straightforward type of bail payment. The defendant pays the whole bail figure to the court in cash.
Some courts accept credit cards and checks. Despite being a simple way of posting bail, many people rarely post a cash bail because they lack funds to pay the full bail figure at once.
A surety bond is also known as a bail bond, usually provided by a bondsman. A bondsman is a third-party agency that steps in to pay the bail for the accused person if they fail to attend the scheduled court hearings.
Federal Bail Bonds
If the arrestee faces charges for a federal or an interstate crime, they must post a federal bond for their release. These kinds of bail bonds require extra collateral and higher fees. Common federal offenses include kidnapping, fraud, hate crimes, and bank robbery.
In this case, the defendant puts up a property instead of cash. If the accused fails to attend court, the court can seize the property and dispose of it. Some of the common properties put up as bonds include real estate and motor vehicles.
This release refers to a written notice that the arresting officer gives the accused. The accused does not go to jail but goes home after their arrest. The accused must then appear in court at the set date. Law enforcement officers usually give citations for minor offenses.
Own Recognizance Release
The judge could grant the accused their own recognizance release if they don't deem them to be a flight risk or risk to the public. An own recognizance release mainly applies to people who commit minor offenses. The defendant doesn't have to pay bail money for their own recognizance release. They only make a written commitment that they will appear in court when needed.
An immigration bond is paid for defendants jailed for immigration violations. This is the only difference between an immigration bond and a surety bond since all other aspects are the same. However, due to the federal nature of immigration crimes, an immigration bond is usually set higher than normal bail amounts.
What To Do After An Arrest
An arrest can be confusing, especially if it is your first time dealing with it. The steps you take after the arrest of the accused will determine how fast you get the accused out of jail. Below are the steps you should take:
Contact A Potrero Bondsman
If your loved one is in custody and you don’t have enough money or assets to pay bail, you should contact a reliable Potrero bondsman. The agent will request the following information from you:
- The defendant’s full name
- The jail they are in
- Their report or booking number
- The crime you have committed
- Any additional information that you can collect regarding the defendant’s arrest
Signing The Paperwork
Your bondsman will require you to sign the relevant paperwork to access their services. This step also involves paying the bail bond premium to the bondsman. The premium is usually 10% of the bail figure. You will also sign off any security for the bail bond.
After completing all the relevant paperwork and paying the premium, the bondsman goes to jail and posts bail for the defendant's release.
Release From Custody
Posting bail could take between thirty minutes and one hour. How fast a defendant gets out of jail will depend on how crowded the jail is.
After Release From Jail
Now that your friend or relative is out of jail, it is crucial to make sure that they honor all future court dates. It is also essential to ensure that the defendant complies with all the bail conditions. Here are some tips that you can use to ensure that the defendant does not jump bail
- Ensure that you keep the defendant feeling happy and positive to minimize their flight risk
- Maintain a close relationship with the defendant during this period. Check-in with them regularly so they don't feel abandoned.
- Distract the accused from associating with the wrong company or bad influences. This bad company could have gotten the accused in jail to start with.
- Ensure that you furnish the bondsman with adequate information regarding the accused as possible. The Potrero bondsman can easily trace the accused if they skip bail with this information.
- You should understand all the case details and the repercussions you could face if the accused does not attend the court hearings. Ensure that the accused also understands the consequences of skipping bail
It’s in everyone’s best interest to ensure that the accused appears in court at the said date. If the accused fails to attend the court hearings, the agent will pay the court the whole bail as agreed. The agent will then try to track the accused and bring them back to court within the set period, usually ninety days. If the bondsman had taken collateral from the co-signer, they could seize the collateral. Ensuring that the defendant attends all court hearings prevents these inconveniences from occurring.
Leaving The State On Bail Bond
After a release on bail, the defendant should not leave the state without informing the court. Even if the court grants the accused permission to leave the state, the accused should also notify their Potrero bondsman. The defendant must never forget that they have a contractual obligation and will not be free to leave the state until the case is concluded. The accused should take time to understand all the terms and conditions of release on bail.
The Effects Of Posting Bail On Your Credit Score
Most people often wonder whether posting bails could affect their credit score. Yes, paying bail could adversely affect your credit rating if you are not careful. For instance, if you pay the whole bail amount using your credit card, use your credit card to pay the bail bond premium, or take a personal loan to post bail, you could adversely affect your credit rating.
You could also ruin your credit score if you do not pay a bail bond premium and the agency engages a debt collector. To avoid ruining your credit score, ensure that you pay all the fees due. Use a bondsman instead of using your credit card to pay the entire bail amount.
Why Use A Potrero Bondsman Even If You Have The Money?
Using a bondsman means that you do not need to use your hard-earned money to post bail. It also means that you will not lose your cash should the accused fail to honor future court appearances. If you work through a bondsman and the accused skips bail, the bondsman has the necessary resources to find the accused and return them to court. Posting a cash or property bail and monitoring the accused can be challenging and time-consuming. A bondsman can easily find the accused and ensure that no money is lost to the courts.
Getting Your Money Back After Conclusion Of The Case
If you post cash bail for the accused, you will receive your money back after the defendant appears for all the necessary court hearings. If you sought the help of a bondsman, you would not have to worry about money but the collateral you had placed with the bondsman. You should note that the bail bond premium is not refundable irrespective of the case's outcome.
Bail Bonds Made Fast And Easy
Mr Nice Guy Bail Bonds is a professional bail bond agency with licensed bondsmen throughout Potrero. Our bond services are available 24 hours a day. We provide fast and easy bail solutions to clients in need of assistance. We seek to eliminate the delays and headaches associated with an arrest.
Phone: +1 619-844-2777
Phone: +1 619-210-0385
Find A Potrero Bondsman Near Me
After an arrest of your relative or friend, you should contact a licensed Potrero bondsman as soon as possible. The accused does not have to stay in custody longer than necessary. At Mr Nice Guy Bail Bonds, we provide timely and reliable bail bond services throughout San Diego County. Call us at 844-400-2245 to talk to one of our agents.