When the police arrest and place you in detention, you will likely feel overwhelmed and helpless. Fortunately, with a reliable Mount Laguna bail bondsman, you can secure your release from jail and continue your normal life as the case goes through different criminal phases. Having a reputable bondsman by your side can relieve stress. A bondsman will be responsible for the entire process of securing your release efficiently and professionally. At Justice Bail Bonds, we understand the importance of posting bail immediately to secure your release. Our bondsmen are located strategically to ensure they are there for you when you need them most. You do not have to remain in jail awaiting trial. Seeking a release on bail gives you ample time to prepare a defense for your trial.
Options For Posting Bail In Mount Laguna
Posting bail can be confusing, especially if you have never posted bail before. The following are some of the options for posting bail:
Paying The Court The Full Bail Amount In Cash
If you have sufficient money to cover the entire bail amount, you can pay that amount in court. Once the bail is posted, you will go through the release process. The court will return the entire bail amount if you attend court hearings. You will lose your bail if you fail to attend court dates. If you post a cash bail for a loved one, you will take on the risk if the arrestee does not attend court.
Posting Bail With Personal Collateral
You can post bail using valuable personal property if you do not have the cash to post bail. The courts accept most property as collateral. The common properties you can use include a car, house, or other valuables like jewelry. If you pledge your property to release another person, you will still assume the risk that the arrestee will not attend the court dates. You must surrender your vehicle if you use it as collateral and the arrestee fails to attend court. When using personal assets as collateral, the general rule is that their value should cover 150% of the bail amount.
Hiring a Mount Laguna Bail Bondsman
You could seek the services of a Mount Laguna bail bondsman. However, you will be required to pay a premium to the bondsman as compensation for posting bail on your behalf. The premium is usually 10% of the entire bail amount and is non-refundable.
In some cases, the bondsman can request that you post collateral in addition to the bail premium to qualify for bail.
Release Of Own Recognizance
With an own recognizance release, you do not give money to the court or work with a bondsman. Instead, you commit in writing, promising to appear for all the scheduled court hearings. You will likely qualify for your own recognizance release if you have strong ties to the community.
The Bail Bond Process
The bail bond process starts with an arrest. Law enforcement will place you in jail and take you through the booking process. At this stage, the arresting officer will take your mugshot and fingerprints and gather other details about your crime.
It is essential to contact a bondsman as soon as possible. A bondsman will help you process a bail bond for prompt release from custody. Once your bail amount has been set, you will sign a bail bond agreement with your bondsman. In this agreement, you promise to attend all your court proceedings. You will also pay a non-refundable premium to your bondsman in exchange for them securing your release from custody.
The bondsman will post the bail the moment you sign the contract. You will be released from the detention facility soon afterward. Your bail bond will be exonerated, provided you attend every scheduled court date. If you fail to attend the court hearings, bail forfeiture occurs.
Bail Schedules
Bail statutes differ in various areas. Some jurisdictions modified their bail statutes after federal regulations, while others banned using cash bail for most criminal charges. California is unique because it uses a bail schedule system. A bail schedule refers to a list of rules that determine the amount of bail for various offenses depending on their severity.
The judges in each county in California must determine bail schedules for any bailable infraction, misdemeanor, or felony. Your bondsman or family can review the bail schedule to ascertain the likely amount, but the judge can set the final bail amount.
Sometimes, law enforcement can request that your bail amount be higher than the bail schedule dictates. The judge will consider several factors of the offense when deciding whether to deviate from the bail schedule, including your criminal record and community ties.
Persuading a Judge to Reduce Bail
After an arrest, securing your release from custody will depend on the amount of bail set. If you can post a bail bond or pay the total amount, you can get out of custody quickly. You can bail out faster when you are arrested by paying the amount listed on the detention facility's bail schedule. Unfortunately, most arrestees cannot afford that amount. In this case, you can request that the judge reduce it at arraignment or a separate bail reduction hearing. The judge must decide how much bail should be if he/she does not release you on ''own recognizance''.
Determining Bail or Considering Bail Reduction
When the police arrest you and take you to jail, they will refer to the bail schedule. The schedule helps the police determine the preliminary bail amount before booking you. The judge will set the actual bail amount during the arraignment hearing.
You could secure temporary freedom if you can afford bail and post it. Unfortunately, bail can be costly, even through a bail bondsman. This is why most arrestees request the judge reduce bail or grant own-recognizance release.
Depending on the case and jurisdiction, you could have a chance for a judge to change the predetermined bail amount. This will happen at the initial appearance, and a later bail hearing will be held according to a motion. The first time the judge takes up the bail issue, it is usually informal. It typically involves discussing essential bail factors. It also consists of the prosecution and defense, each requesting an increase or reduction in bail.
Judges mainly consider two factors when setting the bail amount.
- The judge will ensure that you are not a flight risk. He/she will want to ensure you do not leave the state or fail to attend future court dates. You could forfeit any cash bail you paid or collateral you put up for bail if you fail to show up in court without a valid excuse.
- The judge will consider whether you will pose a danger to society after release. If you are a violent offender, considered dangerous to the community, the judge has a right to deny you bail.
Factors That Affect The Chances of Securing a Bail Reduction
The following are the factors the judges will consider when setting the bail amount or reducing the bail amount:
Your Financial Resources
The judge must consider your financial status when determining the bail amount. California law requires judges to set bail amounts that defendants can afford if they qualify for release on bail. This law ensures that low-income arrestees are not forced to spend more time in jail. It also addresses the scenario where arrestees who cannot afford bail plead guilty to lesser charges to qualify for release.
On the other hand, the judge could consider a wealthy person’s financial status a flight risk. Individuals with a lot of money can flee the country to avoid trial.
Ties to the Community
You will likely be less of a flight risk if you have ''ties to the community.'' The following are examples of ties to the community:
- Having property in the area
- Close family
- Employment
People with community ties qualify for bail reduction or their own recognizance release.
Previous Court Appearances
The judge will feel more assured that you will attend court dates if you have attended court while on release. Any prior failure to appear in court would negatively affect the judge's decision.
Your Criminal Record
You can portray a disregard for the rules if you repeatedly break the law. The judge will be concerned that you are less likely to adhere to their orders to appear in court. In addition, the judge could also feel that you are a danger to the community, depending on the previous offenses you committed.
Severity Of Your Crime
The more severe the offense, the less incentive you will have to return to court for trial. For example, if you face charges for a crime that attracts life imprisonment, there is more incentive to skip the court hearings. You could flee the state or hide to avoid sentencing or trial. The judge could also be concerned that you pose a risk to others, especially if you face charges for a violent crime.
If You Are Unable To Post Bail
You can claim the bail is excessive if you cannot post bail. The Eighth Amendment to the U.S. Constitution protects arrestees against excessive bail. The constitution does not define the phrase excessive bail. However, the U.S. Supreme Court describes it as the amount of bail used as a ploy to hold the arrestee in custody before trial. On the other hand, you have no absolute right to bail, even if the Supreme Court is against excessive bail. The judge can deny you bail when it is justified.
Fortunately, California has made efforts at bail reform over the years. Few arrestees are incarcerated because they are unable to post bail.
You could also take another shot at a reduction if you cannot post bail. Judges often reconsider bail and could reduce it if they receive additional information from your attorney. For example, you could have told the judge in the initial bail hearing that you do not have a job. The judge could also have denied you bail because you had no ties with the community. Your attorney can request that the judge reconsider bail if you learn that your employer holds your job open for you.
Bail Reform
In recent years, judges have begun using math to make decisions regarding pretrial release. In this case, select details about an arrestee are entered into a program, and a recommendation or score is generated. These are called bail algorithms. Bail algorithms usually consider factors like criminal history and age.
Bail algorithms assess the risk that you will fail to appear in court or commit another offense. California authorities passed a law in 2018 that seemed to abolish the cash bail system. However, during the November 2020 election, the voters later voted against the law after it was put on the ballot.
The law that Governor Jerry Brown signed in August 2018 outlined the following:
- Individuals convicted of low-level misdemeanors would be booked and set free within 12 hours without being evaluated
- Most arrestees would be assessed by a risk assessment tool and be put in jail or set free depending on their risk score
- Individuals receiving a high-risk score or convicted of violent felonies cannot access bail
Apart from bail bond companies, most people who initially supported the law opposed its final version. They argued that the law could make many arrestees remain in custody for a long time while waiting for trial. Most people felt that judges would only focus on locking up arrestees for grave offenses. Voters also claimed that the algorithm-based risk assessment tools were unfair.
Criticisms of Bail Algorithms
Bail algorithms respond to perceptions of unfairness and arbitrariness in rulings regarding pretrial release. Critics of traditional forms of assessing bail focus on the disproportionate outcomes for minorities and poor people and unnecessary overcrowding in jails. Voters also criticize bail algorithms for the factors they do not consider. Bail algorithms typically do not weigh substance abuse history or employment status.
People also argue that algorithms can focus on the label attached to the charged crime instead of underlying facts. For example, some people claim that a person who shoplifted and knocked down a security officer while running away is not a conventional robbery defendant.
The main issue is whether bail algorithms are prone to racial bias. Some voters allege that the math is colorblind. Others also claim that bail algorithms that weigh criminal records discriminate based on race.
Despite the bail algorithm controversy, most people have welcomed the concept of data-driven decisions regarding pretrial release. The criminal justice system is working to reform bail algorithm systems to improve them.
Skipping or Jumping Bail
If you are out on bail and fail to attend court dates as ordered, you risk more than just forfeiting your bail money or collateral. The repercussions of skipping or jumping bail can be severe. California law defines the offense and punishment for bail skipping differently. Bail skipping is also a crime of non-appearance, release violation, or criminal failure to appear.
Accidental Skipping of Bail In Mount Laguna
You can only face bail-skipping charges if the prosecutor proves that you intentionally or knowingly failed to attend court proceedings. It would suffice if the prosecutor proved that you were aware of the court trial and simply failed to appear. You could have a defense if you were not served with a notice of the hearing. You should inform your Mount Laguna bail bondsman if you have a valid reason for skipping bail.
Punishment For Bail Jumping Offense
The law ties the criminal punishment for bail skipping to the underlying case. For example, the judge could impose a misdemeanor penalty when the underlying case is a misdemeanor and a felony penalty for the underlying felony case. The court could even set different degrees of bail skipping within the misdemeanor and felony categories. Some courts could use straight penalties, meaning any bail-skipping offense could carry the same penalty.
The judge can also do the following:
- Set a higher bail, impose additional conditions, or release
- Revoke pretrial release and make you stay in jail awaiting trial
- Order a warrant for your arrest
- Order forfeiture of any collateral or money you posted to secure your release
Court Information
San Diego County Superior Court
Jail Information
Find a Reputable Mount Laguna Bail Bondsman Near Me
If you or someone you know faces an arrest, contact a trained, professional Mount Laguna bail bondsman who can promptly answer your inquiries. We know that posting bail for someone can be costly and difficult for loved ones to afford. That is where we come in. We provide flexible payment options to make payment for the bond straightforward and hassle-free. We take pride in providing monthly or weekly payment plans that meet your and your family's financial requirements. Contact Justice Bail Bonds today for a bail bond service that will not disappoint. Call us at 714-541-1155 to speak to one of our bail bondsmen.
