If you have been arrested and accused of a crime in San Luis Rey, you will likely be held in jail until the matter is resolved unless you can post bail. Bail is the sum of money you deposit to assure the court that, once you are released from custody, you will appear for your case hearings. If you are unable to post bail on your own, you have the option of hiring a San Luis Rey bail bonds company to assist you.
At Justice Bail Bonds, we can post bail on your behalf so you can get you out of jail as early as possible. We offer flexible payment options to reduce your financial stress. You are free to contact us whenever you need help because we are available around the clock, seven days a week.
What is a Bail Bond?
A bail bond is a commitment that you enter with a San Luis Rey bail bonds agency or that another person enters on your behalf with the bail bondsman. A bail works as a guarantee that you will appear in court for all scheduled proceedings. The premium, which is a predetermined fraction of the predetermined bail amount that you need to pay your bail bondsman, is often 10%.
This amount is a charge for the bail and is typically non-refundable even though the defendant appears at every scheduled court date. If you fail to appear in court on any of the scheduled dates, your San Luis Rey bail bonds agent could lose the bond amount. They might therefore need to keep an eye on your whereabouts and ensure that you appear in court when necessary.
Types of San Luis Rey Bail Bonds
There are several different kinds of bail bonds, such as:
Simply put, a citation release is a formal statement from the detaining officer allowing you to leave immediately without being taken into custody following an arrest. The only condition of this discharge is you are issued a formal citation to appear in court at a later date. This kind of release is typically provided for offenses that are considered minor offenses.
Own Recognizance (OR)
This release is also known as a personal recognizance release. You could be eligible for this sort of release if it is determined that you do not pose a risk of fleeing and that you also do not pose a risk to the general public. In most cases, defendants accused of committing relatively minor offenses are eligible for this release. You don't need to post bail if you're released on your own recognizance.
Cash payments are the simplest payment. In this case, you must pay the entire bond amount to the detention facility or court in cash (or using a check or credit, if they allow such payment methods).
A Surety Bond
The term "bail bond" is another name for a surety bond. When using surety bonds, a San Luis Rey bail bonds company will step in and cover the cost of your bail if you fail to appear in court.
Federal Bail Bonds
You might need to deposit a federal bond to be released from jail if you've been arrested for a federal or interstate offense. Federal bonds often demand a greater premium and more collateral. Some examples of federal crimes are kidnapping, bank robbery, fraud, and hate crimes.
If you are required to post a bond but cannot afford to do so, you can put up a piece of real estate instead then the court could seize it if you fail to appear.
This bond differs significantly from other bonds in that it is paid by defendants who have been detained for immigration-related offenses. These bonds function the same way as surety bonds. Since they are federal offenses, the bond amounts are typically more than the average bail amounts.
San Luis Rey Arrest Process
If you've been arrested, the police will transport you to a detention center, which is typically a police department. You will be booked by the police once you arrive at the facility. Here, the authorities have the discretion to let you go without pressing any charges. If they decide to press charges, nevertheless, you will remain in police custody. Once you are in jail, the only way to get out is to pay bail or wait till the court hears the case.
Booking Process After an Arrest
The police will book you after they have you in custody. Photographs of you will be taken during this process. They also take note of identifying details like your name, birth date, and address. Also, they will record your fingerprints. The officers will put your personal items in a secure storage facility once they have finished booking you.
Procedures for Pretrial Release in San Luis Rey
The police could choose to take one of these things following the arrest. They could first discharge you after issuing a notice to show up to court. The second option is to release you from custody after paying bail. Finally, they have the right to detain you while the court decides the appropriate bail sum.
The law in California decides, on a case-by-case basis, which option is available to a defendant in a certain case. In the case of minor offenses, the police will typically let you go after issuing you a summons to court. If you have been charged with a serious offense, the police will probably hold you in custody until bail is set by the judge.
San Diego County Bail Schedule
Every offense in California that qualifies for bail has its bail amount determined by the county's bail schedule. Bail amounts for less serious offenses are much lower compared to those for more serious crimes. The legislation also specifies which offenses require a bail hearing as well as which require immediate bail posting.
Even if the bail sum is predetermined by the bail schedules, judges nonetheless have the discretion to modify the amount. However, since there are no bail schedules for federal judges, they have full discretion over the sum of bail to set.
If you have been charged with a serious offense in California, you must appear at your bail hearing. These offenses include manslaughter, rape, and battery, among other serious crimes. If the offense you were accused of was considered to be relatively minor, the authorities will let you go soon after you post bail. A San Luis Rey bail bonds company can help you with the process of paying bail.
Understanding What Takes Place At a San Luis Rey Bail Hearing
In San Luis Rey, a bail hearing is held to ascertain the amount of bail that the judge will impose. Keep in mind that the court is under no obligation to grant you bail. It is also crucial that you get a competent lawyer to defend you during your bail hearing. Your lawyer could be able to convince the judge to lower your bail or grant you a personal recognizance release.
When deciding whether or not to discharge you on bond, the court will consider a few things. Here are a few things the court takes into account while establishing bail:
Your situation could make you a flight risk. For instance, you are more likely to flee if you're facing serious allegations with lengthy prison terms.
Your ties to the community will also be taken into account by the court when determining bail. If you are well-connected in the community, the judge will be more likely to grant you bail.
If you're the primary provider for your family, the court will most likely reduce your bond. The judge takes into account your financial responsibilities to your family while determining bail.
Your Resources and Income
Your current financial situation is another aspect that the judge will take into consideration. The judge could impose a smaller bail sum if you don't have as many resources, and vice versa.
Your Criminal Record
If you've had prior offenses on your record, the judge will issue a hefty bail price. This also applies if you've ever violated your bail terms before. However, if you're a first-time offender, the bail price will be lower. The court could also reject your bail request if your record contains prior bail term violations or a dreadful criminal past.
The Severity and Nature of Your Offense
More serious offenses could result in higher bail amounts than less severe offenses. For example, a judge could set bail for a petty theft crime at $2,000 whereas a manslaughter charge could attract a $200,000 bail.
The court could also consider the threat you pose to society while determining bail. If you're charged with causing bodily harm to a victim, the judge can reject your request for bail because you would probably repeat the crime if you were freed on bail.
San Luis Rey Bail Bonds Conditions
During bail hearings, the magistrate does more than just decide on a bail sum. He or she also sets conditions for release. You should strictly adhere to these terms. Failure to comply could lead to your bail being revoked. A warrant for arrest can also be issued by the judge. You could be ordered to attend pretrial check-ins as part of the terms set by the court.
Similar to probation, you will have to check in with your assigned pretrial service officer frequently. These officials will monitor your everyday activities to make sure that you are following the court's orders. Additionally, the court could impose a no-contact restriction. The judge is likely to impose a no-contact order if you've been charged with stalking, domestic violence crimes, or issuing terrorist threats.
This order prohibits any kind of communication with the victim. You shouldn't get in touch with them in person, by mail, electronically, with acquaintances, or with friends. When you're released on bond, the judge could also order you to continue working.
If you're unemployed, the court will order you to find a job. If you're accused of drunk driving or substance abuse, the court would often order you to abstain from drugs and alcohol. Additionally, the magistrate can order you to enroll in an alcohol or drug rehabilitation course.
You should participate in the program because failing to do so could result in the cancellation of your bail. The court could also order you to steer clear from possessing firearms, especially if the offense involved a firearm. The court could order you to disassociate yourself from firearms even though your offense has nothing to do with them.
Bail Jumping and Forfeiture
A judge can order that your bail be forfeited if you skip even one court appearance without a legitimate reason. If you fail to appear after a certain period (normally 180 days), the court will issue a forfeiture notice, and you'll forfeit the bond amount. In other words, the money or item you used as bail would then be the court's property and won't be refunded.
If you used a bail bondsman to deposit the bail, the bail bonds company will lose the money. Once the bail amount has been posted, the San Luis Rey bail bonds company will either liquidate the collateral security you pledged or try to find you or your co-signers to get their money back.
Nevertheless, if you show up before the 180 days lapses and offer a valid justification for skipping bail, the court could waive the bond amount and let your case proceed. The following are legitimate excuses you can offer for failing to make a court appearance:
- You suffered an injury that hindered you from showing up for the court hearing
- You were unable to attend because of your illness. Justify your explanation with a doctor's letter or report
- You either have a disability now or previously had one, making attendance challenging
- You suffer from a mental health issue
- You were taken into custody and arrested in another state
If you don't appear in court, a magistrate could also issue an arrest warrant. This implies that if a law enforcement officer finds you, he or she will instantly place you under arrest. You'll be required to remain in detention until the case is concluded since you'll not be issued another bail.
Skipping bail can potentially lead to charges of failing to appear under California PC 1320. If you're found guilty of the charges, you could be sentenced to jail and pay hefty fines.
Bounty Hunters and their Role in San Luis Rey Bail Bonds
A private investigator who isn't a law enforcement officer is also allowed to seek, apprehend, and return runaway defendants to custody. A bounty hunter is someone who undertakes this type of task. Although bounty hunters are ordinary citizens, the majority of them have gone through law enforcement training.
The following qualities are necessary for a bounty hunter:
- They should not have a record of felony convictions
- They should be at least eighteen years or older
- They should complete a bail licensing examination with a minimum score of 70%
- They are required to complete training in fugitive recovery
- They should enroll in special programs to obtain their licenses
When you skip a court hearing, a bail bondsman will normally seek the services of a bounty hunter. Their task is to track you down and give you over to the authorities. Once they have located you, the bail bondsman will offer them a portion of the value of the bond. If you're not found, your San Luis Rey bail bondsman could lose their money. In some companies, the bail bondsmen can also serve as bounty hunters.
Legal Limits for a San Luis Rey Bounty Hunter
California State has established stringent laws and guidelines governing hunters and bounty hunting. For instance, they should have legal papers from their employers (the bail bonds company) permitting them to apprehend them. Additionally, they should let the authorities know that they're tracking you down so they can initiate the arrest. This needs to be completed six hours before the arrest.
It is illegal for a bounty hunter to enter a property by force unless the situation warrants it. Therefore, they are not allowed to enter a residence or other facility that is occupied by people unless certain regulations allow it.
Furthermore, a bounty hunter shouldn't pose as a police officer. They are not allowed to dress in anything that would give the impression that they're police officers. To demonstrate their status as bounty hunters, they should always carry their documentation and license. A licensed private investigator can also operate as a bounty hunter with no need of obtaining a separate license.
Bounty hunters are allowed to carry out investigations, which could involve speaking with your family and friends and maybe keeping an eye on them to assist them to find you. However, when doing so, they should adhere to the law. As a result, individuals should be aware of the legal rules to avoid violating them and getting arrested.
Find A San Luis Rey Bail Bonds Company Near Me
If you are arrested, you will need a quick and dependable bail bonds company to get you out of police custody. Our team at Justice Bail Bonds in San Luis Rey will keep all of your information confidential and work tirelessly to have you discharged from custody as soon as possible. Call us today at 951-445-4155.