The criminal justice system has many procedures that most domestic violence defendants find overwhelming and stressful to navigate. It is particularly true when you cannot afford the entire bail amount. Fortunately, an experienced bail bond agent could be of great help to quickly maneuver through the criminal process and be released. Justice Bail Bonds is female-owned and operated for more than twenty years. At Justice Bail Bonds our local bail agents in Fontana are standing by, and defense attorneys refer their clients to us. We understand the importance of speed in the industry and are committed to getting our clients out of custody and back home to their lives fast.
Facts After a Fontana Domestic Violence Arrest
Under California domestic violence law, it is illegal to harm or threaten to harm your intimate partner. An intimate partner could be your current or former spouse, fiancé or fiancée, a person with whom you have a child, our dating partner.
Common domestic violence offenses include:
- Penal Code 243(e)(1) — You commit domestic battery when you willfully touch your intimate partner in an offensive or harmful manner, and you did not act in defense of self or another person. It is a misdemeanor and is punishable by a bail amount of five thousand dollars.
- Penal Code Section 273.5 PC —You violate corporal injury to a spouse law when you willfully inflict a physical injury on your former or current intimate partner, and the injury leads to a traumatic condition. It is a California felony and attracts a bail amount of five thousand dollars.
The factors below can also apply to your criminal charge:
- Physical injuries do not always have to be visible for you to be charged. Only application of force like pulling, shoving, and pushing is required.
- A DV bail bond is a little bit different since the judge might take out a restraining order.
- After the bail amount has been set, you can decide to contact an experienced Fontana bail bonds agent or not.
- Your bail amount is likely to increase if you have a previous criminal record or on probation.
What is Bail in Fontana?
Bail is the money you deposit that is tailored to ensure you appear in all your court hearings.
The court holds a bail hearing. It is the date your criminal defense attorney and prosecutor presents arguments and evidence against and for your bail. The court considers the following factors when determining your bail amount:
- How long you have lived in the community
- Your history and status of employment
- Relationship with your loved ones
- Your mental condition, character, and reputation
- The seriousness and nature of the danger to your intimate partner
- Previous criminal record alongside records of failing to show up or attending court hearing following release without bail or on bail
- The likelihood of committing another crime
- Community ties
- Whether you are a threat to the community or not
You could also be released under your own recognizance. It means you will be released from detention without posting bail. All you need is to promise to attend all your court hearings.
A defendant gets OR if the judge can impose terms on them to protect the community's welfare, safety, and health and make sure the defendant appears in court whenever and wherever required. Persons who aren't flight-risks and without criminal history have an increased possibility of getting an OR release.
Can You Have Your Bail Amount Reduced?
Yes. Your defense attorney could request a bail hearing.
A bail hearing resembles a mini-trial where both parties could present arguments and evidence. Your attorney will argue for the elimination or reduction of bail. On the other hand, the prosecutor will work to increase or maintain the bail amount.
The judge then makes a ruling.
Your Fontana bail bonds agent is not an attorney and will not request bail reductions and hearings.
If your bail amount is lowered, the judge could impose terms. Your lawyer could also suggest the terms. Common conditions include:
- Placing the defendant under house arrest
- Requiring the defendant to wear a Secure Continuous Remote Alcohol Monitor
- Surrendering driver's license and passport
- The defendant might not be allowed to leave California.
- No contacting the alleged victim
- No operating a motor vehicle with any blood alcohol concentration in the system
What Takes Places When You Violate Bail Terms and Conditions?
A judge could give you another chance to remain out of jail on bond. They can also order you to be taken into detention as you await trial. You might be charged with contempt of court. Another possibility is bail forfeiture, where the court keeps your entire bond amount for good.
If you used a bail bond and the court revokes it, the court would not refund your bail agent. That means your bondsman could take the collateral used to secure the bail bond.
Posting Bail in Fontana
Typically, there are three main methods of posting bail:
- Cash bail
- Bail bond
- Property bond — The judge places a lien on the asset, and if a defendant fails to attend their court proceedings, the court will foreclose the property.
Understanding Cash Bail
To be released from jail on cash bail, you should deposit your entire bail with the court's arresting authority or clerk. You can choose to pay by money order, bank cashier's check, personal check, traveler's check, or cash.
If you adhere to all conditions, you will get a refund within sixty to ninety days after DV case resolution. Failure to, you forfeit the money to the court.
Sometimes the court won't accept cash bail if its origin is suspicious, like emanating from an illegal business, mainly if a lot of money is deposited. You should establish the source is legitimate. Even if you've adequate money to secure a cash bail, it is advisable to engage an experienced Fontana bail bonds agent to retain a low profile.
How Fontana Bail Bonds Work
Because most people cannot afford to post cash bail, they use bail bonds. After contacting your bondsman, the process of getting your bond takes approximately twenty minutes. You should provide the bail bond company the following information in exchange for their services:
- Full name — You are expected to give your legal name, including any suffixes, first name, middle name, and last name. If you are posting for a loved one, you should provide your full name and that of the defendant.
- Contact details — You should provide your contact details like phone number, employer's contact details, and email address. The bail bondsman will ask if you're on social media and your relatives' and friends' contact details.
- Employment Information — You should provide your employment information, including the supervisor's phone number and address. You should also provide employment proof. You can use copies of your current paycheck stub, work schedule, or anything the bondman requests.
- Physical description — Your bail bond agent might choose to ask for your physical description. It depends primarily on factors like flight risks, the severity of the domestic violence case, and personal preference. It can include a description of your motor vehicle.
- Legal document — You should provide legal documentation as proof for the information you have provided. Standard legal documents include birth certificate, passport, identification card, driver's license, and social security numbers. Your Fontana bail bonds agent requires this information to analyze your governmental records like arrest and court records.
- If you are an immigrant, you should provide your alien registration number.
After paying your bond amount, your bail agent will take it to court and secure your release. The clerk of the jail will notify the correction officers holding the defendant and release them. Generally, the release takes between thirty minutes to four hours, depending on factors, such as:
- The jurisdiction
- The number of employees in the jail
- How many people are waiting in the line
Most bail bond agents post bails in return for non-refundable premiums. California law sets it up to ten percent. That means if your bail amount is sixty thousand dollars, you will pay a maximum of six thousand dollars. Fortunately, some bail firms like Justice Bail Bonds offer the lowest prices and easy payment plans.
Moreover, your bondman might need collateral. Collateral is a valuable commodity that you give your agent to guarantee you will not skip court proceedings.
Because of your bondsman's financial risk due to the loan, the company will take more precautions to ensure you show up in court and the firm gets the bail amount it gave you. Your bondsman will take the following measures:
- Contact you before every court date and remind you about upcoming trials.
- Prefer a loved one will put up collateral for the bond. It is because your friend or relative will be on your toes and ensure you don't miss court dates.
- Require you to make regular check-ins at their office to ensure you have not left town
What Occurs If You Skip Town After Bailing Out
Skipping bail is a crime, and if you jump bail you:
- Might forfeit the entire bail bond amount
- Might face additional criminal charges for failing to appear in court
- Will continue to face your pending domestic violence criminal charge.
However, the court could vacate a forfeit order and exonerate your bond if you appear within six (6) months within your bail forfeiture date. You should present a reasonable excuse beyond your control, including:
- You have a mental disease.
- You were detained in another jail.
- You couldn't attend because you were incapacitated.
- A health condition with medical statements and reports to support it
- However, judges don't buy excuses for substance abuse and intoxication and poorly verified disease claims.
Skipping bail carries severe financial and criminal consequences. It could also carry over in your subsequent criminal case result in the court denying you bail or setting a huge bail amount.
Can You Get Your Bail Money Refunded After Your Case is Closed?
Since bail isn't a criminal sentence or punishment, you should get a bail refund if you comply with your bail conditions. There are 2 (two) outcomes when you pay bail; your bail can be forfeited or released to you.
Getting Bail Refund From Court
You have a right to get a refund after the conclusion of your domestic violence case. The release of bail hinges on the jail where you paid your bail and the form of bail used.
For instance, if you used cash bail, you should get a refund within sixty to ninety days from the case conclusion. If you used a property bond, the judge releases the lien on your asset, which can take a couple of weeks.
In a federal court, the release is not automatic. You should bring a petition requesting the court to release your bail money or asset used as collateral.
When your bail is released, the court will keep some money as the administrative fee.
If you were bailed out but skipped bail or failed to adhere to the terms the judge imposed when issuing bail, your entire bail amount will be forfeited. If you used a property bond, the court could foreclose on or repossess the property.
Getting a Refund from Your Bondsman
When you use a Fontana bail bonds agent, you should pay a ten percent bondsman's fee and might also surrender the collateral. If you follow your bail conditions, your bondsman should return your collateral after the case conclusion.
Bounty Hunters and Forfeiture
Should you violate any bail term or skip bail, your bail bond agent will look for you and take you back to custody. Your bondsman might engage a bounty hunter to find and apprehend you.
A bounty hunter is not a law enforcement officer or government employee. They don't have the power to arrest but could arrest a person who used Fontana bail bonds. One of the agreement elements you enter with the bondsman is allowing a bounty hunter or bail bondsman to enter your home, arrest you, or take action that could otherwise be unlawful without your consent.
Fontana Jail & Court Information
Fontana Sheriff’s Department
17780 Arrow Boulevard,
Fontana, California 92335
Superior Court of California, County of San Bernardino
17780 Arrow Boulevard
Fontana, CA 92335
Monday – Friday
8:00 AM – 4:00 PM
Find a Skilled Fontana Bail Bonds Company Near Me
You or your loved one may be arrested for domestic violence allegations but you do not have to stay in custody. Nobody should stay in police custody until proven guilty, which is why you are allowed to secure bail. You can post bail directly to the jurisdiction. However, if you cannot afford the entire bail amount, you could consider a bail bondsman. At Justice Bail Bonds, we ensure the process of securing bails is as easy as possible. We take pride in providing convenient, fast, and simple services. Our services are available in Spanish (Se Habla Espanol) and English. Moreover, we offer bail both online or over the phone. Call us today at 951-445-4155 to learn more.