Upon an arrest, you or your loved one will be detained awaiting trial. You can, however, go free as you await trial by posting bail. Under California’s judicial system, bail is the sum imposed by a court for an arrested individual’s release from jail. You can post bail, or a third party can do so on your behalf. Bail serves as an assurance that the defendant makes court appearances.
A release from jail as you await your trial is beneficial. You will be in a position to go back to your job, strategize with your defense attorney, and proceed with family life as usual. Mr Nice Guy Bail Bonds agents assist individuals arrested in Valley Center secure their freedom by offering bail bond services. Our team is ready to help, so get in touch with us.
Understanding Bail Bonds
Bonds are issued in an arraignment hearing, your first court appearance after an arrest. The amount imposed is based on the crime on your charge sheet and the stated figure in the county-specific bail schedule. The sums are levied if the offense is considered serious and upon examination of several factors, including the possibility of you being a flight risk, your ties to the community, and your criminal record. Aggravating factors potentially increase bail sums significantly, while mitigating factors potentially reduce the sum imposed.
For minor offenses like DUI with no injuries to the victims in case of a crash, or significant property damage, you could be released with no bail requirement. However, if the crime you are arrested for is listed in the San Diego bail schedule, the judge could impose the bail on the schedule or modify it based on the circumstances of your case.
Valley Center Bail Hearing
You can challenge the bail sum. You can request a hearing to contest your bail within two days following your arraignment with the help of your Valley Center attorney. From this hearing, you can be released on your own recognizance, be required to pay a less or higher bail sum. The law requires you to furnish the prosecutors with written notice of your intention to contest the bail at a bail hearing. The notice should be provided no more than two days following your arraignment.
It is also important to note that a judge can deny bail. In most cases, judges deny bail if there are pending arrest warrants from other jurisdictions or you violated your bail terms by committing another crime while out on bail. Additionally, probation or parole violations result in bail denial.
In his/her decision to modify your bail, the judge will take the following into account in reducing your bail.
- Your prior criminal record
- Your ability to pay
- If your release is in the interest of public safety
- The likelihood of you attending court sessions on the detailed dates
- The severity of the crime you are charged with — Judges consider any threats issued against the victim or his/her loved ones, injuries you allegedly inflicted on the victim, any mention from the prosecution of drug and weapon use.
In most cases, bail for violent or grave felonies is not reduced below the amount stated in the schedule. However, a judge can make an exception. His/her decision will be based on you honoring all court appearances or not committing any new crimes.
Additionally, if new evidence has been introduced that significantly impacts the case and changes the circumstances, a judge could be compelled to reduce the bail sum. These changes only include changes in a defendant’s situation or changes in the facts of the case.
If you remain in custody for not posting bail, you are entitled to a bail review within five days after the original bail was set.
Bail increase is also at the discretion of the judge. In most cases, other than the severity of the alleged crime, judges also consider if you are on parole or probation for a prior offense. If so, there is a possibility he/she increases the bail.
Bail can also be increased past the amount on the bail schedule. This does not necessarily mean that the judge erred in their decision or abused his/her discretion. Unless you have proof of the judge’s abuse, the bail will remain as is.
Note that your inability to make bail does not constitute an overreach by the judge in exercising his/her discretion.
Release on Your Own Recognizance (OR)
A judge can order your release without a bail requirement, a release on your own recognizance. The release grants you freedom with the promise that you will make an appearance in court when required.
O.R. releases save defendants from the financial burden of making bail. In theory, anyone facing criminal charges is eligible for an O.R. release unless,
- The offense on your charge sheet is punishable by death
- There are no reasonable assurances that you will make an appearance in court
- Your release will compromise public safety
Your attorney is better suited to make your case for an O.R. release.
You will have to sign an O.R. release agreement, which means you understand and accept the following:
- You promise to make an appearance in court on the set dates
- You will abide by all court-mandated conditions
- You will not leave California unless with permission from the courts to do so
- You waive your extradition rights if you failed to show up in court when required and were apprehended outside California
- You have been informed and understand the penalties and the consequences of failing to show up in court
Bail Bond Process in Valley Center
Once bail is set, you can contact a bond dealer. You will have to pay a percentage of the total bail value, usually 10%, as a non-refundable service fee. The bail bondsman will then pay the bond sum and secure your release upon receipt of the bail fee. The remaining bond amount is secured with collateral, as detailed in the bail agreement. You can provide the collateral by using your property. Additionally, a friend or family member can use their property as collateral if you cannot.
Most bail bond bondsmen in Valley Center require you to co-sign the bond with another. Therefore, the co-signer is responsible for ensuring you show up in court when directed because he/she risks losing their property.
Note, your release is conditional. Judges impose specific mandates as conditions for your release other than making court appearances. Failure to honor them violates the bond terms and grounds to have you arrested. The requirements vary depending on the circumstances of the case. Additionally, conditions are imposed even on individuals released on their own recognizance. Here is a look at some prerequisites.
- An order not to leave the state
- Surrendering your passport
- Home detention
- Stay away orders
- Regular check-ins with designated authorities through phone class, text, online, or in-person
- Driving restrictions or prohibitions
- Installation of an Ignition Interlock Device (IID) for DUI offenders
- Alcohol abuse treatment
- Regular drugs and alcohol testing
- Substance abuse treatment
- Order to surrender guns to police officers
- Electronic monitoring by weaning a SCRAM (Secure Continuous Remote Alcohol Monitor)
The courts forfeit the bond should you fail to make your court appearances and bail terms. Consequently, the bail agent will lose the amount posted as bail. He/she will thus result in selling the asset signed over as collateral in the bail agreement to recover the bail value.
However, a judge can vacate the forfeiture should you appear before the judge 180 days after the bond forfeiture date and with a valid reason. Some of the reasons the court deems reasonable include:
- Suffering from mental illness
- Being involved in a catastrophic event and sustaining injuries
- Being detained in another jurisdiction
- An ailment for which you have a medical report as evidence of the ailment
- Being disabled or becoming disabled after your pre-trial release thus incapable of attending court proceedings
Failure to Make Court Appearances
Failing to appear in court when mandated results in grave consequences. A judge will issue a warrant for your arrest. Both bounty hunters and police officers enforce the warrant. The next time you encounter a police officer, he/she will check your name through the criminal database. You will then be arrested once he/she confirms the warrant from the system. However, bounty hunters will make attempts to turn you in for a percentage of the bond value.
If you were facing a misdemeanor charge, failing to attend court proceedings will result in misdemeanor consequences. The offense is penalized by a maximum fine of $1,000 and a potential jail term of no more than one year.
On the other hand, failing to make court appearances becomes a felony if you face felony penalties. For the felony violation, you could be sentenced to prison for no more than three years and slapped with a maximum fine of $5,000.
If you honor all pretrial release requirements, the Valley Center bail agent will rover the full value of the posted bond.
Classification of Bail Bonds Available in Valley Center
Bail bonds vary. Several factors determine what category of bail bond you should go for, including the crime you have been charged with and the jurisdiction (state or federal) prosecutors will try your case.
Knowing the various categories of bonds available in Valley Center is necessary. You will have an idea of what to look for when engaging bail agents. The common bail bonds include:
Most Valley Center bail agents offer surety bonds. The bonds are posted on behalf of the defendant to secure their release for 10% of the bail value as a non-refundable fee. The remaining 90% is secured by collateral you or a loved one provides under the contract.
Unsecured bonds require no security or property lien. Further, you do not also have to pay an upfront sum. You will only promise the court to pay the imposed sum should you fail to honor your court dates.
Under property bonds, you will deposit your property’s title with the court as security for your release. Courts also accept property titles posted by loved ones on behalf of the defendant. In most cases, the courts require the property’s equity to be at least double the value of the bond. Should you fail to appear in court, the courts will assume a lien on the property.
Property bonds should be used as the last result. In most cases, these bonds are more applicable to consequential cases with significantly high bond amounts.
When facing federal charges, federal bonds will be ideal to secure your pre-trial release. They are a form of surety bonds but are significantly expensive than surety bonds and require the backing of insurance companies. Most federal bonds attract at least a 15% non-refundable service fee.
Non-citizens facing immigration legal proceedings require immigration bonds to secure their release. Immigration issues are at the federal level. Therefore, these bonds are equally expensive, with service charges ranging from 15% to 20%. Additionally, Valley Center bail agents will charge the service fee based on the risk of fleeing the US.
Valley Center Jail and Courthouse Information
San Diego County Sheriff's Office
John F. Duffy Administrative Center
San Diego Central Jail
Superior Court Of California, San Diego County
North County Regional Center
Find a Valley Center Bail Bonds Agent Near Me
Are you looking for bail bond services in Valley Center?
If you or a loved one is detained and requires bail, Mr Nice Guy Bail Bonds is ready to help. Get in touch with our agents today at 844-400-2245, and let our team post your bail to secure your freedom and ensure you do not lose out on the most vital aspects of your life before the conclusion of your case.