Many people accused of a crime in Solvang have a right to bail so they can await their trial outside of jail. However, most suspects end up stuck in jail because they cannot afford to pay bail from their own pocket. The good news is that you do not have to remain in custody until trial if you cannot afford bail. A bail bonds company can help you out. At Mr Nice Guy Bail Bonds, we provide bail bond services at an affordable price, and we will work to secure your freedom within a short period. We also offer flexible payment plans that take into account your financial situation. Call us soon after your arrest, and we will come to your rescue.
Arrest In Solvang
The bail process begins with an arrest. When you are arrested, you will be taken to the nearest police station for booking. During booking, a law enforcement officer records info about you (name, birthday, appearance, address) and the supposed offense. The officer takes your mugshot and fingerprints, performs a criminal background check, and confiscates and inventories your personal items, which will be given back when you are released. The officer also checks you to determine whether you are under the influence. After booking, you are allowed to make a phone call. You can call your family to inform them of your arrest or your lawyer. Finally, the officer will transfer you to a holding cell with the other recently booked suspects.
If your crime is a minor one, you may be permitted to make bail right after booking. Otherwise, you will have to wait (usually less than forty-eight hours) for an arraignment where a judge will decide if you qualify for bail and at what cost.
The court judge sets bail at an amount that is meant to warrant that you will attend court after you have been released. Making bail is just like posting security— the bail amount will be given back provided you make court appearances as the judge orders. If you fail to show up, the court will keep the cash.
It is upon the judge to decide whether to set you free on bail or not. In criminal proceedings, the judge has several options— release you OR (on your own recognizance), set bail, or refuse to grant bail. When the judge decides to release you OR, you will not make bail. Instead, you will only be required to sign a citation promising to show up in court when the judge orders. And if the judge decides not to grant bail, you will have to remain in custody until your case is resolved. Some crimes are not bailable, for instance, crimes that carry capital punishment.
Per PC 1275, the judge should consider several factors when setting, denying, or reducing bail. These include:
- Flight risk
- Your past criminal record
- The severity of the offense
- The danger you pose to the public
However, public safety should be the main consideration.
How the Judge Decides on the Amount of Bail
Every California County has a bail schedule that judges could use when setting a bail amount. Solvang judges use the Santa Barbara County bail schedule. The judge can refer to this schedule or set the bail amount at a lower or higher level based on the above-listed factors, including any police recommendations. Your lawyer can request for a bail hearing during which they will argue that the court lowers your bail amount or releases you OR.
Posting Bail in Solvang
There are many ways of posting bail, including:
- You, your friends, or your family can deposit the required amount in cash. Alternatively, you could use a cashier’s check, traveler’s check, or money order to post the total bail amount.
- You can contact a bondsman/ bail agent to post a bond for you. If you choose this option, you will have to pay the bail agent a fee commonly known as the premium and give them collateral. If you have been charged under federal law, you can sign a promise to pay the bail, or if ordered, provide collateral directly, for instance, a house. The premium is usually 10 percent of the entire bail amount in state-level cases.
- You can also post a property bond to secure your release. Posting a property bond entails giving the court your valuable property to act as a guarantee that you will appear in court. In this case, the court secures a lien on the property in the bail amount. If you do not appear in court as required, the court will foreclose on the property to recover the forfeited bail. Thus, you need to be careful about what property you will post as a bond. Most Solvang courts also require that the property value be twice the bail amount to post a property bond. For instance, if your bail amount is $30,000, the property value should be $60,000. Properties you can post as bail include valuable jewelry, a car, and a house, among others.
When you have posted your bail, you will be released from custody. If you make all the required court appearances, the bail amount will be returned to the party that posted it. For example, if you hire a bail agent to post the bond for you, the bail amount will be returned to the bail bonds company. However, if you do not appear or flee the jurisdiction, the court will keep the bail money and issue a bench warrant for your arrest. You can also post bail if you are appealing your case.
The criteria a Solvang court uses to decide whether to grant bail or not is similar for federal, appellate, and state court cases. Although, the procedures for every venue vary substantially.
How Solvang Bail Bonds Work
If the set bail is much more than you or your family/friends can raise, you can use a bail bond company to bail yourself out of custody. If that is the case, the bonds agency you hire will post bail for you with a surety bond. Essentially, the agency assures that it will pay the bail amount if you promise to appear in court. As we mentioned, bail bonds generally cost 10 percent of the set bail value, and you or your co-signer have to agree to repay the full bail amount if you fail to show up in court proceedings for your case.
Even if your case is dropped or you make all of your court appearances as required, the ten percent is not returned. Some Solvang bail bond agencies issue federal bonds and bonds on appeal. The premium for federal bonds is generally fifteen percent of the set bail amount, while the premium for appeal bonds is generally 30 percent of the set bail value.
How a Federal Bond Is Set
Unlike in state criminal proceedings, federal judges do not refer to a bail schedule when determining the bail amount. Instead, a Patrol Services Officer interviews you. The officer investigates your criminal record, community ties, financial background, and family then recommends the bail amount they think the judge should set. The U.S Attorney will also give their own recommendations.
After going through the recommendations, the judge will determine the bail amount you should pay. If you are deemed a flight risk (for instance, perhaps you are an immigrant accused of drug trafficking), the judge will most probably deny you bail. The same applies if you are a threat to society (for instance, you are an individual with a vast criminal record or involved in gang activities/organized crime).
Appearance bond applies to federal cases. You post this type of bond to secure your release as a way to guarantee your court appearances. It is a court-ordered bond and can either be unsecured or secured. Secured bonds are either partially or entirely secured with various items like property, collateral (stock notes or titles to autos), bail bonds, or cash. If the bond is unsecured, you and your co-signer (if you have one) must sign a written agreement to pay the entire bail amount if you fail to keep your promise to appear in court.
Bond on Appeal
You can remain out of custody if you have appealed your conviction. The judge can agree to an appeal bond after sentencing you, provided the conviction is not for a criminal offense that carries capital punishment. Much like a release on bail in original criminal proceedings, making an appeal bond enables you to remain out of custody while the judge decides your appeal.
In many cases, the judge will consider several factors before granting you bail, including a threat to others, flight risk, whether the appeal will lead to a reversal, and whether you are filing the appeal for delay. If you break your promise to attend court or fail to surrender after the judge denies your appeal, the court will keep the bail amount. Both the appellate court and trial court have the discretion to grant a bond on appeal.
We also have some Solvang bail bond companies that offer immigration bail bonds. An immigration bond is a type of federal bond that guarantees that a person will show up as ordered for court proceedings. They are generally required for undocumented persons or Green Card holders held by the ICE (U.S immigration Customs Enforcement) or the DHS (U.S Department of Homeland Security) pending the outcome of their immigration case.
You pay the immigration bond to the federal government to secure your release if you are a detained immigrant. The bond amount will be returned to you after your immigration case is solved. If you are paying the bond out-of-pocket, your best option is to post a cashier's check to the DHS. A bail bonds company can assist you through this process to make sure you post your bond payment to the right government agency.
If you are an undocumented individual or a Green Card holder, you qualify for an immigration bond provided your case does not involve suspected terrorism, an aggravated felony, possession of controlled substances (except marijuana less than thirty grams), or a crime involving moral turpitude.
The cost of a typical immigration bond ranges between 1,500 dollars and 10,000 dollars based on the circumstances surrounding the immigration case.
Solvang Bail Conditions
Your release from custody will be subject to various conditions regardless of what form of release a judge will order. A condition refers to a requirement that you have to follow to remain out of custody. Some conditions will require that you do some action (for instance, enroll in drug counseling sessions), while others will require that you refrain from doing some acts (for example, not go anywhere close to the victim).
If you fail to follow the imposed conditions, you may be rearrested, face new charges, and the court may cancel your bail. If you are rearrested after release on bail, you no longer qualify for a bail release. Therefore, you will have to remain in jail until your trial date.
Common bail conditions the court can impose are:
- The requirement to surrender your driver's license and passport
- Restricted travel
- The condition that you enroll in a treatment facility
- Wear a GPS tracking device
- Wear a SCRAM monitoring device
Solvang Sheriff Station
Santa Barbara County Jail
Northern Branch Jail
Santa Barbara County Superior Court
Find a Reputable Bail Bonds Agent Near Me
When you have been arrested, the first concern is acquiring your freedom as soon as possible. This is possible through posting bail. However, if you are facing financial hardships, posting bail out of your pocket may be costly for you. Apart from paying bail from your pocket, there are bail bonds companies to help you. Hiring a bonds agency to bail you out of jail is the most affordable and quickest option. At just a small fee, you will be out of jail and back to your daily duties within just a short period.
At Mr Nice Guy Bail Bonds, we go further to offer flexible payment plans and options because we understand your financial situation may be difficult. You can choose a payment plan that suits your needs to avoid straining. Call us at 844-400-2245 if you have been arrested in Solvang, and we will work on your case right away.