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What are bail bonds, and how do they work? After an arrest, eligible defendants are released from pretrial detention when they pay bail, a financial figure set by the court and paid in cash, property, or bond to guarantee their pretrial release, ensuring that they return for scheduled court proceedings. The defendant must pay bail to exit jail; otherwise, they will stay in pretrial detention until the case closes.

Unfortunately, many defendants do not have the money for bail, so they turn to bail bonds. A bail bond is a pledge to the court by a bail bonds company to pay the bail in full if the defendant does not return to court after pretrial release. The pledge ensures that you secure release even without full bail, although these services come at a fee. Here is a guide that sheds light on bail bonds.

Bail Bond Definition

A bail bond is a kind of surety bond provided by a bail bondsman who deposits a bond by pledging the full bail to the court in return for the defendant’s release. Most of the arrestees are eligible for bail depending on the circumstances. It means that if the defendant meets the financial obligation set by the court, they can obtain freedom temporarily, awaiting the trial and verdict. The money, bond, or property is deposited as an assurance that you will be attending court hearings until the case ends.

Sadly, many defendants cannot afford this amount of money, especially if the figure is in thousands or tens of thousands. In these cases, an arrestee turns to a bail bonds company for bail bond services. The company charges a non-refundable premium fee. If the defendant qualifies for the services, they pay the bail bond premium in full or make a deposit, and the balance is paid in premiums. The bail bondsman then draws up a contract, and it is signed. Afterwards, they visit the jail where the defendant is detained. Here, they deposit a bond to guarantee pretrial release, after which the defendant is released from detention.

The Bail Bond Process

When bail is set but beyond your financial reach as a defendant or a loved one to the defendant, the services of a bail bondsman become indispensable. Bail bond firms are profit-making organizations that generate income from bail bond premiums, fees paid for bail services, and posting a bond for the defendant to guarantee their release. These companies also make money by repossessing properties used as collateral to recoup their losses in case of a bail forfeiture.

Call the Bail Bonds Firm

If you need help with bail from these experts, you can call to discuss terms and eligibility. Typically, defendants do not have the time or freedom to work with bail bondsmen. So, they can appoint a loved one as a cosigner to handle the release process on their behalf. If a loved one is counting on your support for a quick release but you do not have the requisite funds, you should contact a bail bonds company.

When calling the bail bondsman, ensure you have the following information:

• The name and location of the jail where the defendant is detained
• The full name of the defendant and their booking number, if they have been processed
• The type of charge the defendant faces
• The bail set for the offense

During the initial meeting, the company will demand this information to make it easy to track the defendant. You should use the meeting to create a relationship that will be necessary throughout the process until the case ends.

Talk about the bail fees the company charges because they will need the money before depositing the bond. Usually, the bail premium in California is 10% of the full bail, although you could be eligible for a discount based on your case. The fee can be expensive for you to afford, depending on the full bail amount. If you cannot afford the entire amount, you should discuss the payment plans the company has in place. These financing options enable you to pay a small deposit on the bail premium and the balance in installments spread over a given duration. When entering a financing agreement, you should ensure you have the financial capacity to pay the balance because defaulting will adversely affect your credit score.

When discussing the fees, ask for a detailed quotation to ensure no hidden charges or renewal fees could make the services expensive. Go through the quote and ask questions if you do not understand.

Also, you should discuss the terms of the bail bond. Some companies will require collateral to secure the bond if it is forfeited. Cosigning a contract is a big responsibility because you will use your property as collateral. An honest bail bondsman will explain your responsibility as a cosigner and your financial risk, especially paying the premium and putting up collateral.

Once they clarify everything and you can trust the company to finance the arrestees' pretrial release, you should inquire about the premium payment mode.

Bail bond companies are leveraging technology to ease service access. Many provide online bail services, meaning you do not have to travel to the company's physical office for the initial meeting. You can discuss the case over the phone or online from any location and at any time of the day. This creates convenience and reduces the pretrial detention duration because you can begin working on the arrestee’s release immediately when you receive a call about their arrest.

The fees can also be paid online through various payment modes like cash, PayPal, Zelle, bank transfers, credit cards, or debit cards. If you have money and want to make an online payment, contact a bail bondsman to learn how you will proceed.

Depositing Bail

After you pay the bail bond premium in full or pay a deposit and promise to clear the balance as agreed, the expert handling your case will draw up a contract and give it to you to sign. Before signing the agreement, read through the terms to ensure you understand the contract terms you are committing to, as you will be financially liable if anything goes wrong.

The company will then send an expert to the court handling the case or jail where the defendant is detained to deposit a bond. Typically, the company promises to owe the court an amount equal to the bail if the defendant jumps bail. By making this financial commitment, the court allows the defendant's release.

The pretrial release duration varies depending on the jail protocols, the available staff on duty, and traffic. Before release, you will receive the terms of the pretrial release. These terms include showing up in court when requested to. It is your duty as the cosigner and the bail bonds company to ensure that the defendant appears in court and complies with the release terms, because if a breach happens, the company will forfeit the bond. They will use the collateral you deposited to recoup their losses.

If the defendant attends court as expected and the case is completed, the bail bond company's pledge to the court will end. In short, the court will return the bond. The company will then release the property or item used as collateral to you within five days of the case’s conclusion. However, if you were paying the bail premium in installments and have not completed the payments, the experts will hold on to the collateral until you finish paying. However, you will not receive a refund for the premium fee. The fee is nonrefundable, so you can arrange for the defendant to compensate or refund you for the expenses.

Bail Forfeiture

If the defendant skips court after the pretrial release, they pay the court the full bail or forfeit the bond they posted. The company uses collateral to protect itself from these losses. If they have lost money and have the deed to your property, possession of your valuable item like jewelry, or a vehicle logbook, they will sell it to recover the lost money. The worst part for you as the cosigner is that even if they sell the collateral for more money than the bail amount, you will not receive a refund on the difference. The company keeps the entire amount. You suffer the loss when bail is forfeited, which is why you must ensure the defendant complies with bail terms.

Even with this crucial responsibility, you can opt out of the agreement by revoking the bond. You can cancel the bond if you notice the defendant is exhibiting risky behavior that will lead to a violation or reasonably believe the defendant is a flight risk. Again, you can revoke the agreement if your financial situation has changed and you can no longer afford the risk of cosigning the agreement.

The revocation process starts with a call to the bail bonds company you entered into the contract. Notify the company of the reasons for wanting to leave the contract. The experts will guide you on the appropriate action to take.

The company will demand concrete reasons for the revocation. If you provide them, they will give you the paperwork to fill out and submit.

The experts will then take measures to arrest the defendant and return them to jail, where they will find another indemnitor. They will use a bounty hunter to find the defendant or inform the police to make the arrest. Because you are close to the defendant, you can share their location with the company to simplify the release and reduce costs. You are responsible for paying the hunter’s fee, so you can minimize or avoid the costs by sharing details that can enable their arrest.

Once the defendant is arrested and detained, the company will cancel the bond contract, and you will be released from the financial obligation of the contract.

Common Bail Conditions

The type of conditions the court imposes on the defendant substantially affects whether they will default. The bail conditions are unique to each case and depend on the facts. In addition to appearing in court, the court will impose these conditions:

• Restricting the defendant from traveling out of state
• Requiring the defendant to wear a GPS tracker to monitor their movement
• Avoiding communication with the witnesses
• Obeying restraining orders
• Attending counseling
• Enrolling in drug or alcohol treatment if the offenses relate to alcohol or substance abuse

If the defendant obeys these and other conditions, the bond is exonerated. However, a violation could result in bail forfeiture.

Bail Bonds Alternatives

Not all arrests lead to detention. The arresting officer can issue you a citation, requiring you to appear in court on an indicated date. Release on a citation is only available for minor offenses like infractions whose punishment does not involve incarceration.

However, when an arrest leads to detention, bail is necessary to secure release for most defendants., Bail is determined before the first court appearance using the bail schedule. However, if you are unsatisfied with the figure, you can ask your attorney to request a bail hearing. Alternatively, bail can be determined in an arraignment proceeding.

If you have requested a bail proceeding because you are dissatisfied with the figure and want to seek a reduction, the court should set the hearing within five days. Your attorney has two days to inform the prosecutor of the hearing if your charges are for a severe or violent felony.

The proceeding allows you to compel the court to reduce your bail or release you on your own recognizance (OR).

During the arraignment or bail proceeding, the judge has the discretion to increase or reduce the amount provided on the bail schedule, but within the law and depending on the case’s facts. The factors that the court considers when setting bail are:

• Your financial capability
• Your criminal past
• Offense’s severity
• Public safety
• History of skipping court

You should be careful when requesting a bail reduction because sometimes the judge can increase the bail instead of reducing it. Therefore, you must have facts to support your arguments for a reduction.

When bail is reduced and you can afford to pay, you can opt for cash bail, depositing the full bail upfront as a commitment to appear in court. If you attend all proceedings after release and the case ends, you will receive a refund regardless of the outcome. However, if the court imposes a fine, the cash bail funds could be used for the payment.

Another alternative is a property bond. It functions the same as cash bail. The difference is that your release could be delayed because you must prove ownership of the property. Again, the property must undergo appraisal to determine its fair market value, which takes time, extending your pretrial detention.

Apart from increasing and reducing the bail figure, judges also have the discretion to release the defendant without a financial obligation through an OR release. This kind of pretrial release is an alternative to bail bonds. It is an order authorizing the defendant to be released without commitment. Instead, they sign a written contract guaranteeing future court attendance and compliance with court terms. The decision to grant this release is hinged on the judge’s trust that the arrestee will not flee town after release.

You qualify for this release if you are a non-violent offender charged with a misdemeanor offense. Also, you must have a clean or minimal criminal history to be deemed a candidate.

Additionally, you should have solid community ties like having a stable job, living with dependents or family, and having resided long in your community. These circumstances lower the risk of fleeing town, meaning that the court can release you without a financial obligation, as they believe you will return to court as requested.

When you obtain an OR release, you should comply with the following conditions:

• Wearing an electronic ankle monitor to track your movements
• Travel restrictions
• Regular check-ins with the probation officer
• Random alcohol or drug testing
• Respecting stay-away orders
• Maintaining or making efforts to secure employment
• Mandatory counseling for anger management, substance, or alcohol abuse

You risk severe repercussions if you disregard these conditions, particularly skipping court. When you skip court after an OR release and do not try to appear or reschedule, the court will issue a bench warrant for you to be rearrested.

Once re-arrested, you will be taken back for pretrial detention awaiting bail reinstatement. Usually, the court reinstates a higher bail than initially provided. Many defendants find it challenging to raise the amount, remaining in custody until the case's conclusion. However, you should not do this because you can rely on bail bonds to finance the release at a small fee.

Apart from increased bail, you risk additional charges for failure to appear. With these severe consequences, ensure you adhere to OR release conditions.

Find a Reputable Bail Bonds Service Near Me

Arrests can be emotionally draining for the arrestee and their loved ones. Family members suffer emotional distress when they cannot afford bail. However, you do not have to go through this alone. You can rely on bail bonds for affordable pretrial release at a small premium. At Justice Bail Bonds, we can finance your release through bail bonds for a prompt and affordable exit from detention. Call us today at 714-541-1155 to understand more about bail bonds and their alternatives in Temecula.