Being detained by the police can be an intimidating, confusing, and stressful situation. The California justice system is intended to maintain the safety of the public and being arrested places you on the opposite side of the equation, regardless of whether you did something to deserve it or not.
Your bail may be established by the court judge soon after you've been arrested, based on the seriousness of the purported crime. Getting our help at Justice Bail Bonds could be the distinction between being discharged quickly so you can address the issue at home, or having to spend your time behind bars in one of the jails in National City.
What is a Bail Bond?
When you're facing charges for a crime, the court will usually need you to make bail before they can discharge you from incarceration as you wait for trial.
In simple terms, a bail bond is a legal agreement between the arrestee or their cosigner and a bail bonds agent who has been licensed to practice by the state. Bail offers assurance to the court that you will show up in court for your trial.
Although the California and United States Constitutions require that any defendant's access to bail be realistic, the judge takes several factors into account when determining whether they should grant you bail as well as the bail amount to be set. These factors include:
- The nature of the alleged crime
- Any previous warrants
- Your criminal background
- If you are a flight risk
Usually, a bail bonds agent will interview to authorize the bail bonds. Since a majority of individuals might not have the required money on hand to cover the entire bail amount, the law permits those who are facing charges to agree with a bondsman. They will post your bail in return for a fee that is usually 10% of the entire bail amount.
By consenting to this contract, you pledge to show up in court for trial on the scheduled date. If you don't show up in court on the day of the trial, the bondsman will lose the cash they posted to get you out of detention. This is known as skipping bail. The bondsman in this case engages bail enforcement officers, also called bounty hunters, to track you down and present you before the court.
How National City Bail Works
The Eighth Amendment of the United States Constitution and the California Constitution prohibits judges from ordering you to make "excessive bail" payments. Your discharge from custody as you wait for trial is intended to give you time to actively take part in and thoroughly prepare for your defense, thereby ensuring a fair and just trial.
The majority of the time, the court will order you to make bail as a predetermined monetary amount or an item of equal value. In California, every county possesses a bail schedule that specifies the minimal bail sum needed to guarantee your discharge for a specific charge.
Even though some offenses are so severe that the law forbids bail, the court judge has some discretion in deciding how much bail to set or even whether to deny bail altogether if they believe the defendant poses a significant risk of escaping.
The sum of bail that the court typically demands to guarantee your discharge is typically in the six figures. The law permits a bail bondsman to cover the entire cost of the bail in return for a premium because the majority of folks do not have immediate access to the required amount.
To ensure that the bail is returned to the bondsman, he or she will take measures to ensure that you show up for the trial. If you fail to appear for your hearing, the court will not return the bail bond the bail bondsman paid to guarantee your discharge.
Your freedom will be further jeopardized if you fail to show up in court on the designated trial date, in which case you receive another strike and the bail amount becomes forfeited.
The Bail Bonds Procedure
The bail bonds process entails:
Posting the Bond
The bond amount can be submitted by the accused, their family member, or a friend. As we explained above, the process of posting the bond typically entails getting in touch with a bail bondsman or agency. Bond agencies frequently take cash or credit cards as payment for the bond sum. Large bonds may require an individual to provide a valuable item as security to safeguard the entire sum. The agency typically levies a minimal charge for its services.
Discharge From Jail
After the bond has been paid, a person is released from custody. Some arrestees are discharged within one hour of posting their bond. However, when the jail facility is busy or overcrowded, it could take longer. Defendants occasionally have to adhere to particular rules or regulations after being freed; this frequently entails routinely keeping up with their bail bondsman.
The Co-Signers' Responsibilities
A friend or relative who makes bail on behalf of a defendant is referred to as a co-signer. The co-signer agrees to be accountable for ensuring that the defendant arrives on time for each court appearance. Co-signers also have the responsibility for making sure defendants abide by all the regulations laid out in their release terms.
The co-signer takes on financial responsibility for the bail if the accused chooses to commit a crime or flee.
What Happens When the Defendant Flees?
A lot of things could happen when a defendant flees and fails to appear for their court trial. The judge could also issue a bench warrant, permitting the accused to be taken to jail.
A bail bondsman or a bounty hunter could be dispatched by the bond company to find the accused and return them to court. When the defendant fails to appear within a specific timeframe, that bond becomes forfeited. This means that any sum or collateral put up will be lost.
Returning the Bond
Bail bonds typically last through the period of the court trial, after which the sum used to safeguard the bail bond is reimbursed. Regardless of how the trial turns out, the entire bond amount is given back. Any fees levied by the National City bail bonds agency are deducted from the total amount returned.
National City Bail Bond Costs
Although the United States Constitution forbids judges from setting "exorbitant bail," the sums listed for various offenses are frequently much higher than the majority of defendants possess on their person. Bail bond prices are negotiable in California. The law permits a person accused of a crime to get in touch with an adult (18 years and above) to ask for assistance in paying for certain charges.
Your specific circumstances, including the charges you are facing and the degree of flight risk, will determine how much your bail will cost.
Flight risk relates to your prospects of not appearing in court on the day of your trial and your prospects of leaving the country or moving from the court's jurisdiction. When the court determines that you're at risk of fleeing, the sum of bail you will be required to post, if any, could be much larger than that of a defendant regarded as a low flight risk.
During the bail bonds procedure, you will sign a contract highlighting the conditions on which the agency will make bail so that you or your loved one is let out of custody. A bond, nevertheless, is exempt from taxes. Let us do some basic math. When the bail has been set at $30,000, the service charge will be $3,000.
Being freed on bail is beneficial because it gives the offender time to hire a skilled lawyer and get ready for trial. When they're not taken out of custody or otherwise discharged, they'll typically remain in jail until their arraignment.
Types of Bail Bonds
The kind of bail you require will vary according to the nature of the crime and whether it is taken to court at the state or federal level. You should also think about whether you possess enough money at hand to cover both the bail and the legal costs related to your defense counsel.
Most individuals find it convenient to procure bail bonds so that they can use their finances to effectively defend themselves.
There are several types of bail bonds, including:
When you are facing charges for a federal crime, for example, drug trafficking, you must obtain a Federal bail bond. In comparison to bail bonds for offenses put on trial by the California State, Federal bonds are usually much more expensive.
Immigration bonds must be obtained by foreign nationals accused of committing crimes while in the US. The procedure of acquiring these bail bonds is exceptionally complicated and the bail bondsman incurs a greater degree of risk.
You have the option of paying your own bail if you have sufficient resources. This involves some risk since you won't have access to the cash until sixty to ninety days following the trial. Surety bail bonds: Surety bonds entail several agreements with a bail bondsman that specify the terms of your discharge and serve as a guarantee that you'll show up in court. Defendants are often required to offer some sort of collateral to secure their release.
Conditions for a Surety Bond
You will be required to work hand in hand with the bondsman in return for submitting the money for the bail to be let out of jail, and you'll also need to cover the premium charges to receive the surety bond.
When you procure a surety bail bond to secure a family member or a friend's release, the bondsman will need you to participate as the bonds 'co-signer. It is presumed that by including a friend or relative, the accused will make more of an effort to show up in court.
Even so, the bondsman could need additional security for high-risk situations along with the charge. The defendant must abide by all bail agreements' terms because, when the bondsman determines that the defendant poses a serious flight risk, the bail bond will be revoked, and the defendant will be required to stay in custody until the day of trial.
If the defendant doesn't show up for their trial, the bondsman will send a bounty hunter to find them and make them show up for trial.
Property Bail Bonds
You might be able to guarantee your discharge from custody using property rather than money in certain situations. The property you utilize should have an estimated value that is twice the sum of the court-mandated bail.
National City Jails
You'll be taken into custody after your arrest and held there while you wait for bail. Those who have been arrested are usually held at the:
National City Police Department
A judge will then decide the amount of bail during a hearing that is most often held through video. Depending on the seriousness of the purported offense, your criminal history, and how probable they believe you are to flee, they will determine how much bail you will need to post.
Most people are only detained for twenty-four to forty-eight hours at low-security facilities before being moved to a medium-security holding facility. If your bail is set and submitted within the forty-eight hours before being moved it will lessen your distress and enable you to work with your attorney to come up with a strong defense for your case.
If your bail isn't immediately posted, you will most likely find yourself at the:
South Bay Detention Facility
National City Courthouses
Your court trial and the preliminary hearing will most likely be held at the:
South County Regional Center
You will have your bail "exonerated"—that is, have the cash posted for bail returned—if you show up for all of your court dates and abide by all court orders. You'll only need to cover the 10% service fee and will not incur any further charges.
Once bail has been posted, you run the risk of losing it if you fail to appear for a court date or hearing. If this occurs, get in touch with your bail bondsman right away so that one of their agents can try to stop the bail forfeiture process.
Bail Bond FAQs
When you or your loved one has been detained for criminal charges in National City, the strain of navigating the judicial system can be overwhelming. Below, we have provided answers to some of the most frequently asked questions regarding the bail bonds procedure. Our priority is ensuring that you have the necessary information that will help you or your loved one get out of custody.
Why Does the Court Demand Money Or Property Before Releasing Someone Who Has Been Charged With a Crime?
To be discharged from jail while waiting for trial, a person must post bail, which is a predetermined sum of money or a particular property. Bail serves as an assurance that the defendant will show up for trial on the scheduled trial date.
When the defendant fails to appear for their hearing or trial related to the case, the judge forfeits the entire bond amount and grants a bench warrant for their arrest.
What are the Benefits of Securing a Bail Bond Over Paying Cash Bail?
While it could seem more convenient to post bail with your own money, keep in mind that you won't have any access to that cash until the trial is over. You will want to be able to access your money so you don't have to make compromises and jeopardize your case due to the substantial expense associated with mounting a strong legal defense.
Additionally, you have to go through a second hearing to demonstrate that the money was obtained lawfully and without the use of force if the defendant is facing drug charges or another crime that calls for a significant amount of cash.
How Can I Have My Bail Set and Posted Immediately?
The simplest solution is to seek assistance from Justice Bail Bonds. Call us as soon as you are arrested so that we can advise you accordingly and begin monitoring your specific case and arranging for bail. We are accessible every single day of the year, and a live customer service representative is always available to answer the phone.
We have representatives who are available to assist you from the time you are arrested until you are released on bail. We provide quick, flexible, and reasonably priced bail bonds in National City. We also provide help in finding a loved one who might be lost within the system.
Find a Bail Bonds Agency Near Me
Justice Bail Bonds is a full-service bail bonds company with excellent professionalism and customer care. We're here to help you get out of jail to allow you to work with your lawyer and have you resume your normal life. Call us at 951-445-4155 if you are arrested in National City.