In California, bail is an amount set by the judge in criminal prosecution, and a defendant must pay the money to buy their freedom before trial. Although you are presumed innocent until proven guilty, the government uses bail as a way to discourage defendants from fleeing to avoid trial. However, due to California’s typically high bail amounts, many people may not manage to raise the needed bail amount.
In California, there are other options you can explore for posting bail, including the use of a bail bond. At Mr Nice Guy Bail Bonds, we understand the urgency of going home to be with your family before your trial begins. Our bail bonds agents will help you post bail for your loved one facing jail time in Santa Ysabel, CA and hold them accountable until their case ends.
What is a Bail Bond in Santa Ysabel?
Bail is a refundable deposit that a defendant makes with the court to secure a release from jail before trial. Bail is used as collateral to ensure that a defendant returns to court for trial or other criminal court proceedings. There are several ways through which you can post bail for a loved one, including cash bail, property, or use of a bail bond.
A bail bond is a contract between a defendant and a bail bond agent. A Santa Ysabel bail bond agent will provide the bail money you need to secure at a fee. Using a bail bond is one of the most accessible options when you cannot afford cash bail. When you post a bail bond, you will only be responsible for a portion of the bail. Bail bond premium is often 10% of the total bail.
Santa Ysabel Bail Bond Collateral
When a bail bonds company helps you secure a release from jail, the agent signs a legally binding contract with the court. The bail bond company pays your bail and assures the court they will pay the full bail amount if a defendant fails to appear for trial. As a fee for bail bond services, you must pay the premium. Additionally, you may need to provide collateral for the bail bond. Some of the properties that can be used as collateral may include:
- Real estates like an apartment or a home
- Other valuables like jewelry, collectibles and antiques
If you use your property as collateral for a bail bond, you can either place the property in the surety name or give them valuable to the agent physically. Using property as collateral for a bail bond could be challenging. This is because you must prove ownership or your equity to the property. If the defendant attends all court proceedings, the bail bond agency will return your collateral.
However, failure to appear for trial results in bail forfeiture, and the bail bond company will be responsible for the total amount. In this case, the property you used as collateral can be seized and sold to recover the bail money.
Role of a Santa Ysabel Bail Bonds Agent
Bail money is used to buy your freedom before your criminal trial begins. If you cannot afford to pay cash bail or put up a property bond, seeking the services of a Santa Ysabel bail bonds agent may be the only option for you to stay out of jail. A bail bond agent is often a representative of the bail bond company, and they will post your bail and guide you through the process. The role of a bail bondsman in your case include:
Typically, the first step in the bail bond process is an assessment of the defendant’s and the co-signer’s qualification for the bond. If you seek bail bonds for a loved one, the agent will investigate your background to determine if you can cover the bail bond premium and the defendant’s likelihood of skipping bail. Since you will be financially responsible for the bail bond if the defendant skips bail, the bail bond agent must establish your ability to shoulder that responsibility. The agent’s decision to offer you the bail bond depends on how comfortable they are with you and the defendant’s status.
Filling the Paperwork
After a favorable bond decision, the next step is the acceptance of the bail bond fees from the defendant. The bail bond premium is often 10% of the total bail amount in California. Finally, the bail bond agent is responsible for filing the necessary paperwork with the court to formally execute the bond and ensure the defendant’s release from jail. The common legal name for the documents you sign is a power of attorney, which gives the bail bond agency the right to represent your loved one in the bail process.
The bail bond agent spends much of their time searching for new clients and meeting with clients to fill out paperwork. However, they must maintain constant communication between the bail bond agency, the court, and the client. For example, the agent must inform the bail bond company when a new client is found. Also, the agent must inform the defendant of any developments and changes in the bail process.
In addition to posting bail for your loved one, the bail bond agent is responsible for ensuring that the defendant appears for trial and other proceedings. If the defendant attempts to flee, the agent must inform the court of the necessary action.
When the bail bonds company accepts your request for a bail bond, a bail bonds agent will deposit the required bail amount with the court. As a fee for the bail bonds, you will be required to pay a 10% premium. Additionally, you may need to provide collateral for the bail bonds.
Client apprehension is the role of a bail bonds agent that most people are familiar with. However, the role of the bail bonds agent does not end when they post bail. By posting your bail, the agent is responsible for ensuring that you appear in court and follow all the bail conditions. If you fail to appear for trial, the bail bond agent will employ the services of a bounty hunter.
A bounty hunter is a private investigator who helps bail bond companies locate defendants who skip bail or fail to show up on their court dates. When you flee and leave behind a pending trial, the bail bonds agent has up to six months to take you back to court. Since the duty of bounty hunters involves extensive investigative work, most of these individuals start as law enforcement officers. In California, bounty hunters have a right to arrest you and take you back to jail.
Ways to Reduce your Bail
The amount of money you need to pay as your bail could make a difference between your freedom and your time behind bars while awaiting your trial. Therefore, reducing your bail to the lowest possible amount is a crucial part of your criminal defense strategy. Also, a lower bail amount is easier to raise and secure a quick release from jail. Some of the ways through which you can reduce your bail include:
Bail Reduction by Attorney Application
Your first court appearance after an arrest in California is the arraignment, where the prosecutor reads your charges, and you have the opportunity to enter a plea. In addition, your defense attorney can apply to have your bail reduced or secure a release on recognizance at the arraignment. In the application, the attorney will present evidence and arguments with relevant facts about:
- Establish your connections to the community. Having strong community ties decreases your likelihood of skipping bail, and in this case, the court could lower your bail.
- The danger you pose to the community. When seeking a bail reduction, your attorney can help prove that you are not a risk to the safety of other people.
- Past court appearances. If your defense attorney can prove that you have shown up for all your court dates in the past, the judge could accept your request to reduce your bail.
Bail Reduction Motion
When the court sets a high bail amount, you can file a motion to reduce it. The motion to reduce your bail is based on constitutional or statutory factors. In addition to the statutory factors, both California and the U.S constitution prohibit the setting of excessive bails. Since there is no rule for what makes bail excessive, your best chance at bail reduction is filing the motion.
Bail forfeiture is a situation where the court keeps the money you paid as bail. You or the bail bond agent will lose the money to the court when this happens. Depending on the situation, bail forfeiture can be voluntary or involuntary. A voluntary bail forfeiture occurs when you release the money you paid as bail. You can take this action if you want to use the money to cover the defendant’s fines and court fees. However, it is essential to understand that bail forfeiture money cannot pay the victims for their damages.
On the other hand, involuntary bail forfeiture occurs when you fail to attend your trial. You can still recover your bail money from the court when you have a credible reason for not attending the trial. Bail forfeiture often comes together with an arrest and a new bail requirement. If you post your bail using a bail bond, a bail forfeiture could cause the bail bond agency to lose its money. In return, the bail bond company will seize the property or valuable item you used as collateral for the bail bond.
When your bail is exonerated, you are entitled to return the money you deposited to the court for bail. Also, the obligation of a bail bond agent towards you ends at this point. After exoneration, the total bail amount is returned to the payer. However, it is crucial to understand that the 10% bail bond fee you paid to the bond company cannot be returned. If you used the property to secure a release, the court would lift the lien on your property. In California, bail is exonerated under the following circumstances:
- The criminal case ends in your favor. If your case ends in an acquittal, you have a right to request a bail exoneration if you are found not guilty of our charges. However, bail will not be exonerated if you default on the obligation to show up for a trial.
- You face a conviction. Bail is not a punishment for your charges. Therefore, you can receive your bail money back even when you are convicted and sent to jail. However, when fines are a part of your conviction, part of your cash bail money could be used to cover the fines.
- You are surrendered to custody for a good cause. If you fail to appear for trial on the specified date, the bail bond agent will find you and surrender you to the court. You can receive your bail money back if the agent can do so before an arrest or forfeiture.
The bail exoneration process is instant and can be filed with the court clerk as soon as your case ends. However, it is crucial to understand that exoneration of the bail will not eliminate your obligation to the charges.
The following are jails around Santa Ysabel, CA:
Vista Detention Facility
Courts Serving Santa Ysabel, CA include:
Superior Court South County Division
Superior Court of California
Find a Santa Ysabel Bail Bonds Agency Near Me
Facing an arrest or learning of the arrest of your loved one could be very devastating. The pressure of an arrest is already hard enough, but many arrests also come with added pressure to post bail. Bail is the only way through which you can secure a defendant’s release from jail with a pending trial. Since arrests are unexpected situations, coming up with the required bail money on short notice may be challenging for many defendants and their families.
Fortunately, a bail bond company can help you post your bail at an affordable fee. When you contact the agency, they will send a representative to post your bail and take you through the bail process. At Mr Nice Guy Bail Bonds, we will help you post bail for your loved one stuck in a jail cell around Santa Ysabel, CA. Contact us today at 844-400-2245 for the much needed guidance throughout the bail process.