The only way you can be released with a pending criminal trial in California is through bail. Bail is money you deposit to the court clerk to buy your way out of jail before trial. The money you pay assures the court that you can follow through with the requirements set by a judge, including an appearance for trial after your release.
Bail amounts vary depending on the different circumstances of the case. However, California is known for its high bail amount, even for minor charges. This could make it difficult for defendants to post the bail money in time for release.
With this in mind, most people have opted to use bail bonds for the release. Bail bond companies have the financial capacity to ensure a release, and their representatives can guide you through the process. At Bail Bonds Company, we understand the devastation of watching a loved one in jail. Our Alhambra bail bondsmen offer expert legal guidance and the financial resources you need for bail.
Types of Bail in California
Posting bail buys a defendant’s release from a jail cell with a pending criminal trial. Often, bail amounts are set by a judge at the initial court appearance. Different forms of bail release are available for defendants in California, including the following:
An own recognizance (OR) release is the most desirable form of release after an arrest in California. With this type of release, you do not need to make a financial commitment to the court. Instead, you will sign a note promising to return for scheduled court proceedings or trial. You can request an OR Release to the court during your arraignment.
Often, most people are eligible for an OR release unless they threaten public safety or face charges for capital offenses. Upon receiving your request, the court will assess different factors of the case before deciding to release you on your recognizance. The court leans towards an OR release under these circumstances:
- You are a first-time California law is more lenient on individuals with no criminal history. Therefore, your chances of securing a recognizance release are higher if you are a first-time offender.
- You face charges for a minor offense. If you can convince the court that your crime is a low-level offense, you may be released without bail.
- Violence or the use of firearms is not a factor in your case. Individuals who face charges for violent crimes, gang-related activities, or firearm use cannot secure an OR release in California.
If you encounter an arrest for a felony while on probation or parole, the judge must hold a formal OR release hearing. This hearing is like a bail hearing where the court allows the prosecutor to present evidence or argue against your OR release.
OR release is a discrete benefit the court offers to less violent offenders. However, like bail, the OR release may accompany strict rules you must follow while out of jail. Failure to comply with the conditions of a recognizance release can result in a new arrest, and the requirement to provide cash bail is re-imposed.
When you have a history of violating your release conditions, bail bond companies may be reluctant to offer their services to facilitate your release. Therefore, if you and your family lack enough money for cash bail, you may have to remain in jail until your trial.
Cite and release in California involves the issuance of a citation for unlawful conduct without arresting or detaining the suspect. With a citation release, the police officer will issue you a notice to appear in court at a specific time and date. Issuing a citation release is a longstanding practice to reduce crowding in California jail cells. Additionally, the court saves on resources by allowing low-level offenders to stay out of jail. A law enforcement officer cannot issue a citation release under the following circumstances:
- An individual is too intoxicated that they pose a danger to their safety and the safety of others.
- A person fails to sign the citation promising to report to court.
- An offender requires immediate medical care and are unable to seek the help they need.
- There are outstanding arrest warrants for the suspect.
- The offender fails to provide adequate identification to the law enforcement officers.
- A release would interfere with investigations and prosecution.
- An individual is likely to resume the unlawful conduct after the release.
- There is a high likelihood of the offender failing to appear in court as expected.
When a law enforcement officer denies you a citation release, they must explain the exact reasoning behind their decision. The citation includes the following information about your alleged illegal activities:
- Time, location, and date of your alleged crime.
- Your personal information and thumbprint.
- The description of the offense you committed and the statute you violated.
- Whether or not the violation can be corrected.
- Arresting officer's
- A signed statement indicating your commitment to appear in court.
Cite and release is applicable for the following offenses:
- Simple assault under California Penal Code 240.
- Disturbing peace.
- Disorderly conduct under CPC 647.
- First offense DUI.
- Petty theft under PC 484.
After a citation release, your court date is set within ten days. Between the citation release and court date, the court cannot issue an arrest or bench warrant against you for the offense cited. The judge can only issue a warrant if:
- You violate your written promise to appear in court.
- Failure to comply with sentencing terms.
- Failure to appear for arraignment or trial.
Unless you secure an OR release, you must present a certain amount of money before the court for a release from jail. Cash bail is the easiest way to ensure a defendant’s release from detention for individuals who can afford the huge amounts required to post bail. Once you present the cash bail, the defendant is released from jail until the court schedules their trial.
However, posting cash bail is not always the best option. If your loved one fails to appear for trial after a cash bail release, you risk losing the full amount paid to the court. Additionally, a cash bail may be too expensive that you use your finances on it. After an arrest, you must save as much money as possible to pay for a defense. Therefore, using everything you have for bail is not wise.
Regaining freedom is a priority when you or your loved one faces an arrest. If you lack enough money for bail, you could put up property to guarantee the defendant’s trial attendance. Use of property bonds requires you to pledge the property to the court. Mostly, the court will accept property valued at 150% of the bail amount or more.
If the defendant skips bail, you will lose the property used as collateral in liquidation. However, the court releases the property to you if all the bail requirements are met. Before the judge accepts any property presented for a bond, the property ownership must be ascertained. This is by scheduling a property bond hearing. You must present the following documents at this hearing:
- Original or certified copy of the property deed. If you acquired the property recently and lack a title deed, you can present a quitclaim deed, death certificate, or other documents that could support a change in ownership.
- Current lot book guarantee. A lot book is another important document needed during the presentation of a property bond. However, this document must not be more than ten days old to be acceptable.
- Individuals whose names are on the deed. If multiple individuals have their names on the property deed, the court expects all these individuals to appear for the property bond hearing.
- Lien history. When you present a property bond for a loved one or friend, the court requires that you provide documents indicating the lien history on the property. However, the lien history should not be mistaken for property history.
- Affidavit for bail justification. You can obtain this document from the clerk’s office.
A bail bond is an agreement between a defendant and a surety company. The surety company provides the full amount for bail at an affordable fee. California's normal bail bond premium fee is 10% of your original bail amount. The low financial responsibility guaranteed by bail bonds makes it a preferred bail payment option for many defendants and their families.
The bonding process begins when a defendant is arrested and booked into a jail cell. When a loved one friend contacts you from behind bars, your priority is ensuring a first release for them. If you lack cash or property for bail, you can contact an Alhambra bail bonds service for assistance. When contacting the surety agency, you must have the information on the defendant’s identification, their jail location, and the amount required for their bail.
The company sends out one of its bondsmen to assess your case and determine if the defendant is eligible for a bail bond. The bail bondsman will require you to read through the bail bond agreement and sign it before presenting bail money in court.
The role of the bail bondsman in your case will not end after the defendant is released. They guide and support the defendant while out on bail and ensure they appear in court. When the criminal case ends, the bail bondsman can collect the amount they presented to the court. However, you must remember that the premium you pay for a loved one's bail bond is not refundable
Benefits of Hiring an Alhambra Bail Bondsman
The high bail amounts in California make bail bonds a great option to secure the release of a defendant from jail. Some benefits you accrue from seeking bail bonds services include the following:
Faster Release for your Loved One.
Spending time in jail is unpleasant. Therefore, you want to ensure your loved one is out as soon as possible. You must go to the courthouse to process your release when you opt for cash bail. If you do not have the full amount, you may need time to borrow from friends or liquidate assets. This will delay the release. Additionally, presenting a large cash bail amount opens doors to financial scrutiny, further delaying the process.
On the other hand, a property bond takes even more time since you have to establish property ownership through a property bond hearing. An Alhambra bail bondsman will always have the financial capacity to post your loved one’s bail as soon as you contact them and enter an agreement.
Cheaper Option to Secure a Release
Posting a cash bail requires you to present the full amount in court before the release process. For a property bond, the property must be valued at 150% or more of the bail amount. When you call a surety company for their services, the Alhambra bail bondsman pays the full bail amount to the court. You will only be responsible for 10% of the bail amount, a premium for the company’s services. Therefore, you do not have to watch your loved one behind bars for lack of bail money.
Flexible Bail Payment Options
There is no shortcut to posting cash or property bonds. You must give the full amount mandated by the court. However, with a bail bond, you can have your loved one home even when you do not have the premium fee. You can enter a repayment plan with the bail bond company.
In this case, you will provide the down payment for the premium and pay the balance in installments. The more the down payment you can give, the higher the chances of entering the repayment plan.
Safeguard your Assets
When a loved one is in jail, there is nothing you wouldn’t do to ensure they go home with you. Therefore, you may be tempted to liquidate property to gather the money needed for bail. Selling a property with such urgency can cause you to dispose of it for a lower amount than the market price. Instead of liquidating the assets, you can seek a bail bond and use the property as collateral. As long as the defendant follows through with all the bail conditions and they go to trial, you will not lose the property.
You Keep Financial Matters Private
One of the main hurdles of posting cash bail is explaining the source of your funds. If the prosecution or judge suspects you obtained the bail money fraudulently, the court will launch a financial investigation against you. While the court determines the source of your funds, your friend or loved one will have to sit behind bars. Additionally, financial investigations could uncover issues you want to keep private.
The court cannot question money from a bail bonds agency regardless of the bail amount. Therefore, this method to secure a release helps you keep your financial issues confidential.
You Receive Expert Guidance
Bail bond companies will not just write a check to the back and be done with you. A skilled Alhambra bail bonds service will guide you through the bail process using their knowledge and experience. The bondsman can answer any questions about your loved one’s release. Additionally, they will guide the defendants towards obeying all the bail conditions to avoid a forfeiture.
Bail Bondsmen Are Responsible
When the bail bonds service agrees to post bail, their bondsman shoulders the responsibility of ensuring that the defendant shows up for trial. If the defendant skips bail, the company risks losing the money used for bail. However, before the court forfeits a bail bond, they allow the bondsman to find the defendant and surrender them to the court.
Jails in Alhambra, CA:
Monterey Park Jail
Men’s Central Jail
The following are courts around Alhambra, CA:
Los Angeles County District Attorney
Find a Competent Bail Bonds Service Near Me
The thought of sitting in a jail cell while you await the outcome of your criminal case is challenging. Remaining in jail can harm your life since you could lose your job and sometimes suffer emotional trauma.
Finding a way to secure a release is a priority at this point. You can post bail for your loved one in cash, property, or through a bail bond. Cash bail may be the most convenient way to secure the release if you have the money to post the full amount.
Unfortunately, most people do not have large sums of money waiting for a loved one’s arrest. Therefore, raising the bail money on short notice would be impossible. Seeking bail bond services has become a popular option for many people. In addition to providing the bail money, the bail bond company is responsible for ensuring that a defendant appears in court.
At Bail Bonds Company, we offer expert bail bond services to all our clients facing detention in Alhambra, CA. Contact us today at 323-579-1415 to discuss your case.