Undoubtedly, no one wants to find themselves or a loved one in jail for an alleged criminal offense. Whether it is your fifth or first arrest, the experience of being behind bars can feel overwhelming. However, it is a fact of life that mistakes can happen anytime, leading to an arrest. Other times, an arrest can also stem from false allegations.
Therefore, being under arrest does not necessarily mean that the court will convict for the alleged offense. Before your case's verdict, you should consider posting bail to protect your innocence and secure your temporary freedom. That is where the services of a bail bondsman become crucial because bail is often worth a lot of money that could be challenging to gather within a short time.
Bail bonds come in handy to ensure you are out of legal custody soon after your arrest. However, what is a bail bond?
Understanding What Bail Means
Understanding what "bail" means is critical before we go into the nuts and bolts of a bail bond and how it works. Bail is the court-set amount of money that allows you to secure a release from the detention facility while awaiting the judgment of your case, which could occur a few weeks, months, or sometimes years later.
In other words, bail guarantees the court that you will attend your scheduled hearing dates after securing your temporary pretrial freedom. Once the court resolves your case, the judge will exonerate your bail, meaning you will receive a refund of your money. If you worked with a bail bondsman to secure your freedom, you will receive back your collateral, but his/her premium is non-refundable.
However, when you breach the conditions of your pretrial release on bail, the court will forfeit your bail, meaning you will not receive a refund. Additionally, the court will issue an arrest warrant, authorizing the police to arrest you as soon as possible.
Since bail is often worth a lot of money, paying the required amount upfront could be a financial burden for most arrestees, but remaining in legal custody as your case progresses is not an option. That is where bail bond services become very helpful.
Bail Bond at a Glance
A bail is a monetary arrangement that a bail bondsman makes on your behalf after an arrest to ensure you are out of jail within the shortest time possible. In other words, a bail bond assures the court that you will attend all scheduled hearings after your release.
When you fail to make your court-scheduled appearances or otherwise skip bail, the bail bondsman will owe the court your full bail price. That means bail bond services are not free, as the bail bondsman risks their money to help you secure your pretrial freedom.
Generally speaking, these much-needed bail bond services will cost you a non-refundable fee (typically ten percent of your bail price). That makes working with a bail bondsman an affordable and accessible option for most defendants who cannot afford their full cash bail upfront.
How Do Bail Bonds Work?
Securing bail bonds after an arrest is a multistep process, but everything is straightforward. Here is an overview of the bail bond process and what to expect:
The Arrest and Booking
After an arrest as a suspect in a criminal case, the officers will transport you to the police station for an administrative procedure known as booking. During the booking process, the officer in charge will:
- Record the alleged offense
- Check your criminal record
- Take your mugshots
- Take your fingerprints
- Search your person for contraband
- Check your health
Penal Code 853.6 allows the police to release you with a citation to appear in court on a future date when you are under arrest for an alleged infraction or misdemeanor offense. However, if the alleged misdemeanor is any of the following, booking and posting bail will be necessary to secure your freedom:
- Domestic battery
- Corporal injury to a spouse
- Restraining order violation
- Stalking
However, if the alleged offense involves violence or the officers consider you a flight risk, they will hold you in the detention facility pending a judge's decision on whether you qualify for release from jail on bail.
The Bail Hearing
According to PC 825, your arraignment or bail hearing should occur within forty-eight hours after an arrest, excluding weekends and public holidays. At the bail hearing, the judge will determine your eligibility for bail based on several factors, including (but not limited to) the following:
- Your criminal background
- The sophistication and seriousness of the alleged offense
- Whether you are a flight risk
- Whether you have strong community ties
Once this process concludes, the judge will set the amount of bail you must pay for your unique case to secure a pretrial release.
Contacting Your Bail Bondsman
When the court sets your bail amount, your next step is to pay the amount to secure your freedom. If you are indigent or you do not have the funds to post your bail, contacting a licensed and seasoned bail bondsman can help. If you have friends or family members working to help you secure your freedom on bail, they can contact a bail bondsman on your behalf.
Once you contact your bail bondsman, he/she will guide you on the bail bond process and how to pay his/her services fee (premium). While the preferred mode of payment for the premium could vary from one bail bondsman to another, most bail bondsmen will accept payment of the premium using:
- Cash
- A cashier’s check
- Credit card
- Debit card
- Paypal
- Western union
- Collateral
Once you pay the premium, the bail bondsman will post bail to secure your release from jail. How long it will take to secure your freedom after posting bail will depend on the following factors:
- The jail where you are in custody
- The number of staff on duty
- The number of arrestees awaiting release from jail on bail
- The amount of paperwork needed
Making Your Court Appearances
Once you secure pretrial release on bond, attending your scheduled court dates is paramount. When you do so, the court will exonerate your bail, meaning the bail bondsman's financial obligation to your freedom will end. When you fail to show up in court as required, the judge will forfeit your bail, meaning the bail bondsman will lose their money to the court.
To avoid this loss, the bail bondsman could seek to recover the money from you or your cosigner. If you or a cosigner surrendered collateral for your release from jail on bond, the bail bondsman will seize it. The bail bondsman could also hire a bounty hunter to help trace your whereabouts and bring you into legal custody.
Since a bounty hunter receives his/her service fee after completing his/her work, he/she will be aggressive and persistent in tracing your whereabouts and bringing you into legal custody as soon as possible. Hence, you must comply with all the terms of your release from jail on bond.
Steps to Take When You Skip Bail
As mentioned in the previous paragraph, a bail bond assures the court you will make your court appearances once you are out of legal custody. In addition to putting the bail bondsman's money at risk and the loss of your collateral, failing to appear in court or skipping bail could lead to serious consequences, including the following:
- A re-arrest
- A steep bail amount in the future
- Challenges in securing a release from jail on bail after an arrest for any other offense
- Additional time in jail for skipping bail because it is a crime in itself
- Damaged relationship with your cosigner
Therefore, when that happens, you should act immediately to avoid or minimize the chances of facing these unpleasant consequences. Here are the steps to take when you skip bail after securing your release from jail on bond:
-
Contact a Skilled Attorney
Talking to a qualified attorney about your situation should be your first step when you skip bail. A seasoned attorney can negotiate with the prosecutor and the judge, explain the valid excuses for your failure to attend court as required, and possibly arrange a new court hearing.
-
Consult With Your Bail Bondsman
After consulting with your attorney, you should inform your bail bondsman of your failure to appear in court on the scheduled date. While this story could make him/her upset initially, he/she can help you understand how to avoid the repercussions of this offense and bail forfeiture.
-
Surrender Yourself to Court
While it could be a nerve-wracking decision, voluntarily surrendering yourself to the law enforcement officers shows the judge you are responsible and could positively influence the case results.
-
Prepare for the Possible Consequences
Missing a scheduled court hearing is not a light issue, but taking appropriate, proactive steps and showing accountability could work to your advantage. Work with your attorney to address the possible additional charges under PC 1320.5 and prepare mitigating arguments to help you secure a favorable outcome.
Skipping bail after your release from jail on bond could bring several complications you did not anticipate, but that is preventable by taking this entire process with the seriousness it deserves. Here are tips that can help ensure adherence to the conditions of your pretrial release from jail on bail:
- Stay organized—Marking your court dates on the calendar and setting reminders could help ensure your availability in the scheduled hearings
- Communicate—Staying in touch with your bail bondsman and attorney is vital once you are out of legal custody on bail, because they will remind you of your obligations until your case is over
- Understand what is at stake—Understanding how skipping bail could affect you, a cosigner, and the bail bondsman can help you stay compliant with the terms of your release from jail on bail
Convincing Reasons to Secure Bail Bond Services After an Arrest
Working with a bail bondsman to secure bail bonds after an arrest has several benefits you cannot overlook if you are in legal custody. Some of these benefits include (but are not limited to) the following:
It Assists You in Returning to Your Daily Life
Staying behind bars can significantly affect your life, even for a short period. For example, if you are a student, it could affect your ability to work and continue your studies and education. However, that is preventable by securing your freedom as soon as possible using the services of a bail bondsman.
It Leads to a Faster Release From Jail
Securing the services of a bail bondsman can ensure you are out of legal custody as soon as possible. Aside from offering you the financial means to secure your freedom, a bail bondsman understands the ins and outs of the bail process.
You Will Receive Expert Legal Guidance
A bail bondsman's experience and daily interactions with attorneys and the court equip him/her with relevant knowledge of how the criminal justice system works. When working with a bail bondsman, you will have access to legal guidance on what to anticipate in court, especially at the bail hearing.
It Helps Protect Your Money and Assets
When working with a bail bondsman, he/she will put his/her money on the line for your freedom. That means you do not have to worry about raising cash or surrendering an asset as collateral for your pretrial freedom.
It Helps Keep Your Issues Private
If you do not want your friends or family to know about your arrest, working with a bail bondsman to secure your pretrial release on bond is an excellent idea. Working with a bail bondsman lets you quickly and discreetly resolve your arrest issue without involving your friends, colleagues, or family members.
It Gives You More Time to Work With Your Attorney
While you can still work with a bail bondsman while in jail, securing your freedom on bond as soon as possible gives you ample time to work with your defense attorney to prepare a strong defense to challenge the alleged offense.
You Will Have More Time With Your Family
Spending more quality time with your family is important, especially when there is a chance of conviction for the alleged offense, which could compromise your ability to see your family as often as you wish.
Bail Bond Services are Affordable
As mentioned above, bail amounts are high and are often a financial burden for most arrestees. However, by working with a bail bondsman, you can pay him/her a smaller percentage of your bail as his/her premium to avoid the financial strain of posting cash bail.
Common Myths You Need to Know About Bail Bonds
You are not alone if you wonder whether everything you have read or heard about bail bonds is true. The bail bonds world has several misconceptions that could hinder you from utilizing the helpful services of a bail bondsman when you or a loved one is behind bars for an alleged crime. Debunked below are some of the common myths about bail bonds:
-
Surrendering Collateral is a Must
Surrendering collateral is not mandatory when working with a bail bondsman after an arrest. The bail bondsman will only ask for collateral if you cannot clear his/her premium using the traditional means.
However, if the bail bondsman reasonably believes you are a flight risk and less likely to make court appearances after securing your freedom on bond, he/she could ask you to surrender collateral. In this case, the collateral serves as security for your pretrial release should you skip bail or fail to make your court appearances.
-
Bail Bondsman Can Help You Secure a Reduced Bail Amount
A bail bondsman has no legal training and cannot represent you in court. If your bail is extremely high, a skilled attorney can help you file a motion to reduce it. Showing the court that you are a first-time offender and are indigent could convince the court to reduce your bail.
-
You Can Do Whatever You Wish After Securing Your Freedom on Bond
Securing your pretrial release from jail on bond seems like fresh air after being in jail for some minutes or hours, but your case is not over. Once the bail bondsman posts your bail bond to have you out of legal custody as your case continues, the court will require you to comply with certain strict conditions, such as:
- You should stay crime-free
- You should not travel out of state
- Agree to wear an electronic monitoring device
- Stay away from the accuser or victim of the offense if your case is domestic violence-related
- Attend all your scheduled hearings on time
It is worth noting that these are not standard conditions the court will require you to abide by in all cases after posting bail. The specific terms and conditions the court will set once a bail bondsman posts your bond will depend on the facts of your unique case.
Find a Seasoned Bail Bondsman Near Me
Understanding what bail bonds mean and how they could work in your favor following an arrest can help lessen the stress associated with an arrest. That is particularly true if it is your first time being in legal custody as a suspect in a criminal case.
We invite you to call our bail bondsmen at Justice Bail Bonds at 951-445-4155 if you need quick bail bond services to secure your freedom after an arrest in Temecula.
