Jail experiences are not pleasant, especially when there is an opportunity to secure your release awaiting trial. The California justice system allows an arrestee to post bail and be released from jail with one caveat: You must attend all court sessions without fail. You, therefore, can resume your work, strategize a defense with your attorney, and spend time with your loved ones after posting bail. However, the bail amounts are often high to settle on your own. Thus the need for third-party assistance. With the help of a bail agent, you can post bail and secure your freedom as you await trial. At Mr Nice Guy Bail bonds, we make it our mission to offer timely and competitive bail services. Give us a call today if you or your loved one is arrested in San Ysidro and requires bail.
Bail and How it is Set
Once arrested, you will be processed and booked in jail, awaiting your hearing. Your fingerprints and mugshot will be taken and fed into the criminal database during the booking process. You will also be asked to provide your personal information like name, date of birth, including details on your background, to be fed into the system. After processing, you will be transferred to jail or taken to a holding cell as you await your hearing.
At the hearing, the San Ysidro district attorney will formally present the charges. The judge will then set bail for your release as you await trial.
Bail refers to the money you should post to be released from jail. It also serves as an assurance that you will honor your court appearances. The amount is set based on a bail schedule that varies from county to county. The schedule lists all bail sums against bailable crimes. It is critical to familiarize yourself with San Diego County’s bail schedule.
California law empowers judges to exercise their discretion when issuing bail. Therefore, it is no surprise that judges could set bail values higher than those stated in the bail schedule. This does not necessarily mean that the judge erred or that the bail amount is exorbitant. You can only contest the bail amount on the grounds that the judge erred by providing proof of his/her misconduct.
The law allows you to challenge the bail set in your hearing. With your attorney’s help, you will have to notify the prosecution of your intention to challenge the bail. This should be done within two days after the first hearing.
Your request will be heard by a judge, who, in exercising his/her discretion, will increase, decrease, retain the bail as is, or release you on your own recognizance.
Bail increases are based on aggravating factors, including violation of stay-away orders, your criminal history, your potential to be a flight risk, among others. A judge could also reduce the bail value if convinced you are not a flight risk and do not pose a danger to the public, among other considerations.
Release on Your Own Recognizance (O.R. Release)
The prevailing assumption in California’s justice system is that defendants who pose no danger to the public and are not a flight risk should be on pretrial release with minimal restrictive conditions. This release requires no bail to be posted but a simple promise to appear for your court sessions.
If released on your own recognizance, you will sign an agreement with a promise to make court appearances and follow the terms as will be directed by the judge. A violation of the conditions will inform the judge’s decision to issue a bench warrant for your arrest. Police officers enforce this warrant by arresting you and presenting you before the judge. Consequently, your bail will be forfeited.
Bench warrants differ from arrest warrants. Unlike bench warrants, police initiate the arrest warrants. Officers present probable cause, a statement explaining reasons an individual is suspected of committing a crime, to a judge. If convinced, a judge will sign the warrant, thus giving police officers the authority to arrest you.
As for the conditions of an O.R. release, they vary depending on the circumstances of your case. However, common terms include obeying all laws, remaining in the state until the conclusion of your case, seeking permission from the court if you want to travel out of state, and community supervision.
Posting Bail in San Ysidro
Bail amounts are often high. Most individuals are unable to pay the sums in full on their own. In this situation, bail bonds are the ideal solution for you.
Bail bonds are monies posted by third parties, bail bond agents on behalf of an arrestee to secure the arrestee’s pretrial release. An arrestee is required to sign a bail bond agreement with the agent. The agreement states the non-refundable fee, presented as a percentage of the total value of the bond, the collateral terms, and the recovery measures the bail agent will use to recover the value of bail should you fail to show up in court.
Here is a more detailed look at some of the terms in a bail bond agreement.
Bail bond fees are based on the type of bail bond you are looking for and a bail bond agent’s terms of service. Most San Ysidro bail agents charge 10% of the value of the bond, payable upfront. Once payment is completed, only then will the bail agent post the entire value of bail to secure your release.
Bail bond agents require co-signers in bail agreements. A co-signer is a loved one who offers up his/her property as collateral in the bail contract. Further, the collateral secures the entire value of the sum posted by the bail bondsman. In case the court forfeits your bail, the bondsman will repossess the collateral and dispose of it to recover the sum in the bail contract.
Consequences for Failing to Appear in Court
Courts forfeit property or money deposited with the courts to secure your release. Should you fail to honor your court dates, the courts forfeit the bail, meaning the bail sum is not recoverable by the bail agent. In these situations, bail agents repossess the asset attached to the contract and dispose of it in accordance with the terms of the agreement. The sum recovered enables the bail company to recover the money forfeited by the court.
Failure to Honor Court Appearances Under California Law
Pre-trial releases are conditional freedoms. You are allowed to resume your daily activities and remain out of custody up until the start and conclusion of your trial. Thus, failing to adhere to the conditions of your bail results in losing the sum posted as bail and additional criminal charges.
Should you fail to appear in court, the judge will immediately issue a bench warrant for your arrest and forfeit the sum posted as bail. If you used a property to secure your release, the courts assume lien on the property. If you use the bail bondsman route, the agent loses the sum but will recover it by disposing of the collateral attached to the bond agreements.
Law enforcement officers and bounty hunters can arrest and present you in court following the issue of the arrest warrant. The officers will likely arrest you in your subsequent encounter with them, say at a traffic stop, a DUI checkpoint, or if they are at your residence for a different issue. The arrest warrant will appear when they run your name in the criminal database. On the other hand, bounty hunters will arrest you for a share of the bail.
Courts can vacate forfeitures if you appear within 180 days from the day a judge issued the forfeiture order. You also need a valid reason for not attending court proceedings. A few reasons compel the court to vacate the forfeiture order. They include:
- You were detained in another jurisdiction and thus could not make it for your trial date
- You are suffering from a mental illness
- You were involved in an accident that caused injuries that hindered your ability to make it to court
- You were ill at the time of the court session and had medical reports to prove it
- You are disabled or become disabled after your release and were unable to attend the court sessions
You could be charged if you provide no valid reason for failing to make it in court when required. Misdemeanor charges arise if your prevailing charge is a misdemeanor and felony charges if the current charge is a felony.
Misdemeanor failure to appear in court is punishable by a fine not exceeding $1,000 and a jail sentence of up to one year. A felony charge, on the other hand, attracts a fine of $5,000 and a prison sentence of up to three years.
Bail agents recover the bail amounts if you meet all the requirements set as conditions for your pretrial release.
Different Types of Bail Bonds
You can post various bonds depending on the circumstances of your case and your ability to post bail. The common types of bonds accessible in San Diego County include the following.
Some defendants have the present ability to raise cash to secure their release. Cash bail can be made through a check or credit card payment. Check-in with the San Ysidro judicial officers to know how to make bail through cash.
Surety bonds are bail bonds. A third party makes bail on your behalf with the promise to attend all court sessions. Failure to which, the bail bondsman will repossess and sell off the asset provided as collateral to recover the forfeited bail.
In some situations, defendants offer the property to the courts to secure their release. The courts will then assume lien on the property should the defendant fail to make court appearances. However, the courts will return the property to the defendant upon the conclusion of his/her case should the defendant honor all court sessions.
Federal bonds secure pretrial releases when defendants face federal charges. Federal crimes are more severe than state violations. Therefore, bail sums are significantly higher. Consequently, bail agents will charge a considerably higher rate to secure bail.
Defendants facing immigration proceedings can secure a pretrial release through an immigration bond. Immigration bonds are also surety bonds only that they are only available to individuals facing immigration issues. Since immigration is handled at the federal level, the service fee charged is higher than state-level bail bonds.
Police officers issue citations that require an individual to show up in court. The arresting officer will simply give you written notice. However, you will not go to jail in this case. Citation releases are for minor offenses like infractions.
Note: Engaging a San Ysidro bail agent and securing their services helps relieve you of the hustle and risk of losing your hard-earned money and property should you or a loved one fail to turn up in court. Bail agents go the extra mile of reminding you or your loved one of the upcoming court date, including on the eve and the material court date, thus avoiding the risk of forgetting to show up in court.
San Ysidro Jail and Courthouse Information
Southern Division Police Department
Phone: (619) 424-0400
San Diego Central Jail
Phone: (619) 610-1647
Opened Monday through Thursday from 7 a.m to 4 p.m.
Superior Court of California, County of San Diego
Phone: (619) 746-6200
Find a San Ysidro Bail Bondsman Near Me
Mr Nice Guy Bail Bonds is a professional and reliable bail bond company operating in San Ysidro. Our team is available 24 hours and is ready to offer assistance for individuals looking for bond services. Give us a call at 844-400-2245, and let us secure your freedom.