Bail and bail bonds are an important part of the criminal justice system in California. They allow defendants to be released from custody while they await trial, while also ensuring that they will return to court as required. While the constitution gives citizens the right to bail after an arrest, not everyone can be released on bail. The court will deny bail in cases where the arrestee is a flight risk, is a risk to society, has committed a very serious crime, etc.
Furthermore, the court may set the bail amount so high that you or your family members can not raise the required amount. That’s where a bail bonds company comes in—they will raise the bail amount on your behalf and you can pay later. If you are looking for a reputable Tecate bail bonds company, we at Justice Bail Bonds are here for you! We have helped many arrestees get out of jail as fast as possible, and we are ready to help you or your loved one as well—so get in touch today.
What Happens When You Are Arrested?
Before we look at bail, bail bonds, and the different types of bail, let’s go through what happens when a person is arrested.
If you are arrested in California, you have certain rights under the law. These rights include the right to remain silent, the right to an attorney, and the right to be informed of the charges against you. It's important to exercise these rights as soon as possible after your arrest.
When you are arrested in Tecate, you will be taken into custody and transported to a local jail or detention center. At the jail, you will be processed and booked, which may include having your fingerprints and photograph taken. You may also be searched and have your personal belongings taken from you.
After you have been booked, you will have the opportunity to make a phone call to contact an attorney or a loved one. It's important to use this opportunity to contact an attorney, who can provide legal advice and representation to you.
Once you are granted a phone call, you can ask your attorney or family member to contact a local Tecate bail bonds company, or you can do it yourself. Ensure you give accurate details regarding where you are held and the charges you are accused of.
In California, you have the right to a speedy trial. This means that your trial must begin within a certain amount of time after your arrest, depending on the type of offense you are charged with. Your attorney can provide you with more information about your right to a speedy trial.
If you cannot afford an attorney, the court may appoint one for you. This is called a public defender. A public defender is a lawyer who is provided by the court to represent individuals who cannot afford to hire their own attorney.
Note that it's important to exercise your rights and contact an attorney as soon as possible. An attorney can provide legal advice and representation to help protect your rights and interests, including your right to bail and speedy trial.
Understanding Bail, Bail Amount, and Types of Bail in California
Most people confuse bail with bail bonds. In California, bail is the process by which a defendant who has been arrested and charged with a crime can be released from custody while they await trial. The purpose of bail is to allow the defendant to continue living their life as normally as possible until their trial, while also ensuring that they will return to court for their scheduled appearances.
The bail amount is the amount of money required by the court or jail to secure your release from custody. The bail amount is typically set by a judge during the defendant's initial court appearance. The amount of bail is determined based on a number of factors, including the severity of the crime, the defendant's criminal history, and the likelihood that the defendant will appear in court as required.
Note that the purpose of bail is not to punish the defendant, but rather to ensure their appearance in court. As such, the bail amount is not supposed to be set so high that it effectively amounts to punishment before the defendant has been convicted of a crime.
If the defendant is unable to pay the full bail amount, they can use a bail bonds company to secure their release. A bail bonds company is a business that pays the full bail amount on behalf of the defendant, and the defendant pays a non-refundable fee to the bail bonds company. This allows the defendant to be released from custody while they await trial.
Most Tecate bail bond companies offer three common types of bail, which are cash bail, property bail, and surety bail.
The most common type of bail is cash bail. With cash bail, the defendant or a friend or family member pays the full bail amount in cash to the court. The court holds onto the money until the defendant's case is resolved, at which point the money is returned to the person who posted the bail, minus any fees or fines. Cash bail is usually the most appropriate method when you can raise the required amount within a short time.
Another option for defendants who are unable to pay their bail in cash is property or real estate bail. In this case, the defendant or a friend or family member pledges property as collateral for the bail amount. The property must have sufficient value to cover the bail amount, and the court holds a lien on the property until the case is resolved.
Surety bail is another option for defendants who are unable to pay their bail in cash or pledge property as collateral. With surety bail, the defendant or a friend or family member contacts a bail bonds company, which pays the full bail amount on behalf of the defendant. The defendant then pays a non-refundable fee to the bail bonds company, and the bail bonds company serves as a guarantor that the defendant will appear in court as required.
California laws require bail bond companies to charge a fee of not more than 10% of the bail amount. Nevertheless, some local companies can offer premiums or discounts to clients based on factors like repeat customers, referrals from an attorney, being a veteran, holding a professional license, etc.
Are There Other Ways of Being Released From Custody?
There are several other ways that a defendant can be released from custody while they await trial, aside from using cash bail, property bail, or surety bail. These other ways include release on one's own recognizance, pretrial supervision, and electronic monitoring.
Release on one's own recognizance, also known as OR release, is a type of release in which the defendant is released from custody without having to pay bail. This type of release is typically reserved for defendants who are not considered a flight risk or a danger to the community. It is also common for defendants who are first-time offenders, face severe charges, and have no history of skipping court dates or violating court orders. You must agree to appear in court as required, and may be required to check in with a pretrial services agency.
Pretrial supervision is another option for defendants who are released from custody without having to pay bail. With pretrial supervision, the defendant is released from custody but is required to check in regularly with a pretrial services agency. The agency may also impose other conditions on the defendant's release, such as drug testing or community service.
With electronic monitoring, the defendant is released from custody but is required to wear an electronic device, such as an ankle bracelet, that tracks their location. This allows the court to monitor the defendant's whereabouts while they await trial.
Setting Bail Amount in Tecate
In California, the amount of bail that is set for a defendant who has been arrested and charged with a crime is determined by a judge during the defendant's initial court appearance. The judge considers a number of factors when setting bail, including the severity of the crime, the defendant's criminal history, and the likelihood that the defendant will appear in court as required.
While judges have the discretion to set the amount of bail, each county has a bail schedule to guide the amount of bail for specific crimes. A bail schedule is a list of bail amounts that is used by judges to determine the amount of bail that a defendant must pay to be released from custody while they await trial. The bail schedule is typically based on the severity of the crime that the defendant has been charged with, and lists the corresponding bail amount for each type of crime.
A bail schedule is used as a guide by judges when setting bail. The judge may use the bail schedule to determine the appropriate bail amount for a particular crime or may deviate from the bail schedule based on other factors, such as the defendant's criminal history or ties to the community.
The bail schedule in California is set by the Judicial Council, which is the policy-making body of the California courts. The Judicial Council is responsible for setting the bail schedule and updating it as needed. Overall, a bail schedule is a list of bail amounts that is used by judges to determine the amount of bail that a defendant must pay in order to be released from custody while they await trial.
The bail schedule is used as a guide by judges, but the judge may deviate from the bail schedule based on other factors. Under California law, the purpose of bail is to ensure the defendant's appearance in court. The bail amount is set at an amount that is high enough to make it unlikely that the defendant will simply forfeit the bail and fail to appear in court. However, the bail amount is not supposed to be set so high that it effectively amounts to punishment before the defendant has been convicted of a crime.
If you are arrested in Tecate, the judge will rely on the San Diego County bail schedule to determine the most appropriate amount of bail.
Understanding Bail Bonds and Why You Should Use a Local Tecate Bail Bonds Company
Bail bonds are a way for individuals who have been arrested and charged with a crime to secure their release from custody while they await trial, through the help of a bail bond company. A bail bond is a financial guarantee that the defendant will appear in court as required. If the defendant does not appear in court, the bail bond company can be required to pay the full bail amount.
Bail bonds are typically used when a defendant is unable to pay their bail amount in full. In this case, the defendant or a friend or family member can contact a bail bonds company, which will pay the full bail amount on behalf of the defendant. The defendant then pays a non-refundable fee to the bail bonds company, and the bail bonds company serves as a guarantor that the defendant will appear in court as required.
There are many bail bond companies that can provide this service. It's important to choose a reputable and trustworthy company to ensure that the bail bond process goes smoothly and that the defendant is released from custody as quickly as possible. Here are reasons why you should choose a local Tecate bail bonds company.
Knowledge about the local court system: A local bail bonds company is likely to have more knowledge about the local court system and the specific processes and procedures for posting bail in the area. This can make the bail bond process smoother and more efficient.
Established relationships: A local bail bonds company is likely to have established relationships with local law enforcement agencies and courts. This can help the company quickly and efficiently secure the defendant's release from custody.
Personalized approach: A local bail bonds company is more likely to have flexible payment options and a personalized approach to customer service. This can be especially helpful for defendants and their families who may be overwhelmed by the legal process and in need of support and guidance.
Overall, choosing a local bail bonds company can provide several benefits, including a better understanding of the local court system, established relationships with local law enforcement agencies and courts, and a personalized approach to customer service. That’s what our local Tecate bail bond agents at Justice Bail Bonds offer.
What Happens if The Defendant Fails To Appear?
As mentioned before, bail can be made by yourself, a bail bonds agency, a family member, a friend, or any other person or entity that acts as the guarantor. If you don’t appear in court, the court will forfeit the amount you paid as bail or the collateral you used to secure your release.
If the defendant does not appear in court, the guarantor risks losing the collateral used to secure the bond, which could be a vehicle, house, or other possessions. Depending on the history of the defendant, the court can give you a grace period to trace and bring the defendant to court. The court will then issue a bench warrant for the arrest of the defendant. If you find and turn in the defendant within the statutory period issued (the period is usually around three months), you will get your bond out of default status.
You can hire a bounty hunter to track down and arrest the defendant. Bounty hunters are licensed to track down and arrest fugitives, so using a bounty hunter can have the same implications as having the defendant arrested through a bench warrant. If these measures fail, you will forfeit the cash or collateral to the court.
Where Will I Be Attained If Arrested in Tecate, San Diego County?
If you are arrested in Tecate, you are likely to be detained in:
Otay Mesa Detention Center
Facility Main Phone: (619) 671-8700
George Bailey Detention Facility
PHONE: (619) 210-0385
Richard J. Donovan Correctional Facility (RJD)
Main Phone: (619) 661-6500
Contact a Local Tecate Bail Bonds Company Near Me
Most of us don’t want to spend a night or another day in custody. We want to get out as soon as possible so that we can start working with our defense attorneys and lead a normal life. However, the process of getting out of jail can be more challenging than it seems—you might not know what to do or how to raise the required bail amount. We at Justice Bail Bonds believe that justice must be served to all arrestees through faster access to bail bond services. That’s why we have local Tecate bail bond agents on standby and ready to help you immediately. Please contact us today at 951-445-4155 to get in touch with our agents immediately.