You do not want to spend a minute more than necessary in a jail cell after your arrest. That is why you do all you can to secure your release from custody. The law states you are innocent until proven guilty. Therefore, for the prosecution to convict you of any crime, they must prove you are guilty beyond any reasonable doubt. Unfortunately, due to the nature of the justice system, the process of establishing your guilt is often a long one.
Due to this fact, the law provides a way out for you as a defendant to secure your pretrial freedom. The court can release you before it determines your case through bail. However, you have to attend all your court hearings and follow all the bail conditions to the letter.
If you or your loved one is placed under arrest, you need to enlist a bail bondsman’s services to secure their release. At Mr Nice Guy Bail Bonds, we have been posting bail for clients who are in custody for over 20 years. We post your bail bond with urgency to help you secure your release so that you have ample time to prepare for your defense. If you need to post bail in Rancho Santa Fe, do not hesitate to contact us today.
Understanding How Bail Works In Rancho Santa Fe, San Diego County
Under the law, you are innocent until proven guilty. However, the prosecution must also ensure anybody charged with a crime faces a fair trial. Therefore, the law provides a system known as a bail system, which ensures you do not remain behind bars during your trial period and at the same time you do not flee as you attend the court hearings.
Bail is usually money or property you offer to the court to ensure you attend all your court hearings. The court will keep the bail for the trial duration and refund it provided you follow the conditions. On the other hand, the court can forfeit the bail if you skip your hearing, even once, or violate other bail conditions.
How The Court Set The Bail Amount In California
The primary purpose of bail is to ensure you attend all your court hearings. Therefore, the bail needs to be high to compel you to attend the hearings but not exorbitant that it becomes impossible for you to pay the bail. In California, the bail schedule guides the judge on the amount of bail to set.
Bail Schedule in California
In the United States, most jurisdictions, including California, have a bail schedule. The schedule stipulates the appropriate bail for California's various misdemeanor and felony charges. The bail amount for a minor offense like petty theft may be $10,000. However, bail for a serious felony may be high. For example, the bail amount for a crime like rape can be $250,000 or more.
In California, the arresting officer can release you from jail if you pay bail at the precinct. However, the law does not allow the police officers to increase or decrease the bail stipulated in the schedule. Additionally, if you are accused of a more serious offense, or you are a repeat offender, you will have to wait for a bail hearing. The bail hearing is conducted before a judge. The judge can decide to increase, decrease, or release you at the hearing without posting bail. The judge can also deny you bail depending on the circumstances of the case and your criminal history.
Understanding More About Bail Hearings In Santo Ranch Fe
In California, the judge sets bail in a bail hearing. A bail hearing is the first appearance you make before the judge. The purpose of this hearing is not to determine your guilt or innocence but to set the bail amount. Therefore, it is critical to enlist the services of a qualified criminal attorney when attending the bail hearing. Your attorney can persuade the judge to reduce the bail amount or do away with it altogether and release you on your own recognizance.
At the bail hearing, the judge will consider the circumstances of the case and your criminal history when setting bail. Some of the factors the judge will consider include:
- The severity of the offense
- Your criminal history
- Your flight risk
- Your financial status and any financial responsibilities
- The threat you pose to the community should the judge release you
Using Bail Algorithms To Determine Bail In California
The judge can use a bail algorithm to determine the bail amount in California. The algorithm determines your likelihood of committing another crime once released from jail or failing to appear for your court hearings. The debate on the effectiveness of the algorithm is still ongoing.
Process Of Posting Bail In Rancho Santa Fe
Once the court sets your bail, the next step is to post the bail. In Rancho Santa Fe, you can post bail through cash, surrendering property as collateral to the court, or by using the services of a bail bonds agent.
Posting a cash bail is advisable since you recover your cash at the end of the case, no matter the outcome. The bail bond agents in California usually charge a 10 percent fee. For example, if the court sets bail at 25,000, you have to pay the bail bonds agent a non-refundable fee of $2,500. However, using a bail bond agent may be your best option if you do not have enough property or cash to post bail.
What Happens If You Skip Bail In California?
Failing to show up for your court hearings can have far-reaching criminal and financial repercussions. For example, if you use a bail bonds agent and miss court hearings, the agency may use a bounty hunter. The law gives the bounty hunter a mandate to track and bring you back into the custody of law enforcement officers. In Rancho Santa Fe, the law permits the bounty hunters to gain access to your property to make the arrest. However, they must use reasonable force while executing the arrest.
According to California law, the court can demand the full bail amount from the bail bondsman who posted the bond on your behalf if you disappear. Consequently, the bail bonds company is set to suffer significant losses in such a case. Therefore, the agent uses a bounty hunter to track you down. Additionally, the agent will also require collateral to secure the bail. The value of the collateral should exceed the bail amount. Some of the collateral you can use include jewelry, a vehicle, a piece of land, or a rare painting. If you do not have enough collateral to act as surety, you can ask your friend or loved one to be your cosigner. The bail bonds agent can use the cosigner’s property to act as security in addition to your property.
What Can Lead To Bail Revocation In California?
If you fail to appear for your hearings, the court can revoke your bail. Once the court revokes your bail, you no longer have the right to freedom. In California, failing to appear for your court hearings is also a crime. Once the authorities apprehend you, you will be charged for the original crime plus the additional crime of failing to appear.
In Rancho Santa Fe, the court can revoke your bail if you commit another crime while out on bail or violate other bail conditions. In addition, the law allows the court to forfeit the bond if you fail to appear for your hearing.
The Repercussions Of Bail Revocation
It is critical to abide by all the conditions of the bail. If you fail to follow the bond requirements or show up for the hearings, the judge will issue an arrest warrant. Once captured, the judge can revoke your bail and send you to jail for the remainder of your trial. Once the court revokes your bail, the next step is to forfeit the bail bond. Forfeiture means any property or cash you had used as the bail is turned over to the court. Before the court forfeits your bond, it will notify the bail bonds agent who posted the bail on your behalf.
Therefore, if you violate the bail conditions or skip town, you may end up losing your freedom and cash. However, the court can stay the forfeiture order if you have a legitimate reason that prevented you from attending court.
Reinstatement Of Your Bail Bond
In California, the court can reinstate the bail bond after its forfeiture. You can request the court to refund the forfeited cash by filing a reinstatement motion. However, you must file the motion within a year from the date of the forfeiture. It is upon the court’s discretion to decide if it will reimburse the bail amount. The court can refund the money under certain conditions, including proving you were not aware of the specific condition you violated. You did not violate the conditions willfully, and the government did not incur any expense when trying to locate you.
The Judge Can Deny You Bail Under Certain Circumstances
Usually, the court will release you on bail in Rancho Santa Fe. However, that is not always the case, depending on the conditions of the case and your criminal history. The prosecution can urge the court not to release you on bail since you pose a danger to society. In California, the judge can deny you bail if you are charged with certain crimes that include:
- Violent crimes
- Capital offenses that are punishable by life imprisonment or death
- Drug-related charges with a potential prison time of ten or more years
- You commit a “strike” offense if you have two prior strike offenses. In California, the law classifies some felonies as strike crimes. The strike crimes enhance the prison sentence.
Although these crimes make you eligible for denial of bail, they do not automatically disqualify you from accessing bail. For the court to deny you bail, the prosecution must provide sufficient evidence why the court should not set you free on bail. In deciding whether to release you on bail, the judge also considers the nature and circumstances of the offense, the severity of the crime you are accused of committing, and the threat you pose should the court set you free. The judge also considers the prosecutor’s evidence against you, your criminal history, and your general demeanor and characteristics. The characteristics the court puts into consideration include any history of substance abuse, your employment status, family ties, and other similar parameters.
If the court denies you bail, the judge must state the reason for the bail denial in a written order. You can appeal the decision to deny you bail, but the chances of winning the appeal are usually slim.
How The Court Determines Flight Risk
Another reason the court may deny you bail in Rancho Santa Fe is the level of your flight risk. High flight risk means you are highly likely to flee if the court releases you on bail. When determining your flight risk, the judge relies on investigative reports, the information you provide, and statements from community leaders. Therefore, it is critical to enlist the services of a well-experienced attorney to persuade the judge that your chances of fleeing are low.
The judge will gauge your flight risk by considering the nature of the charges you are facing. If the charges carry a lengthy prison sentence or a life sentence, you may be more likely to flee. The judge will also assess the chances of your conviction depending on the strength of the evidence. If the evidence is strong, you may run to avoid the guilty verdict, which will most likely be the trial’s outcome. The court will also consider your financial status. The more financially stable you are, the higher your chances of skipping town. The judge will also check if you have a record of missing your court hearings if you have had a previous conviction.
Court And Jail Information In Or Near Rancho Santa Fe
East Mesa Juvenile Detention Facility
Kearny Mesa Juvenile Detention Facility
MCC San Diego
R J Donovan Correctional Facility (RJD)
Court Information In Or Near Rancho Santa Fe
Call A Bail Bonds Agent Near Me
Bail can be complicated if you do not know how it works. The court can set you free on bail during the period of your trial. However, the bail amount might be too high that you can not post it. Thankfully, you can use the services of a Santa Fe bail bonds agent.
At Mr Nice Guy Bail Bonds, we are intimately familiar with the California bail bond process. We have served numerous clients who need bail bond services in Rancho Santa Fe and we have created a great rapport with the judges and prosecutors. We expedite the bail posting process so that you can have a chance to prepare for your defense. Therefore, if you need to post bail in Rancho Santa Fe, do not hesitate to contact us at 844-400-2245 for a free consultation.