If you or a loved one has been arrested, a bondsman can help you be where you should be. The judge will set bail for a specific amount to ensure you make future court appearances after your release. However, your set bail amount can be too high for you to afford. That is where Bail Bonds Company comes in.
We understand your fear and frustration and can work to reduce your stress. When you contact us, our certified team can dedicate time to talk to you about the Baldwin Park bail bonds process and what to expect. We can also work to ensure your bail bond fees fit your budget, guaranteeing a quick release.
What is the Difference Between Bail and Baldwin Park Bail Bonds?
An arrest can happen at any time and when you can return home depends on your ability to pay bail. People with more money can secure their release promptly, return to work, and build their legal defense timely. On the other hand, the rest are left behind bars. Regrettably, this is a perfect example of financial inequality in the California legal system but experienced Baldwin Park bail bondsmen can help.
While bail and bond are often thrown around, they are different.
Bail is the amount you should pay to be released from detention. After assessing the defendant and considering many factors, the judge determines the amount during an arraignment or bail hearing. If you are likely to flee town or commit another crime, the judge will either set a higher bail amount or deny bail. On the contrary, a defendant with strong community ties and without a previous conviction will have a lenient bail amount.
After the judge determines the appropriate bail amount, you can post it and return to what matters to you the most, your work and family. You will remain free as you await your trial. After your case is over, the court will refund your bail money.
On the other hand, bonds require a bondsman. The bond service is the third party liable for the bail money and ensures you attend the court. They agree that if you jump bail or break your release conditions, they will post the bail for you. In exchange, you should pay the agency a 10% non-refundable premium.
Own Recognizance Release
There are numerous methods to secure a release from detention after an arrest, including:
- Citation — The police will give the suspect a citation to appear in court. It is common in low-level misdemeanors.
- Posting bail.
- Own recognizance — The defendant is released after promising to attend their scheduled court hearings.
The court can release you on your own recognizance, provided:
- The alleged crime does not carry death as a penalty.
- Your release will not jeopardize public safety.
- The own recognizance release will ensure your future court appearance.
Requests for the O.R. releases are made during the arraignment (initial court hearing after an arrest). During the arraignment, the defendant presents arguments supporting their own recognizance release. Then the judge will ask the prosecution if they have:
- An opinion about the release, or
- Details that would assist the judge in determining whether to grant the release.
However, some crimes require formal hearings. They include:
PC 1319.5 Crimes
PC 1319.5 require a formal adversarial hearing for the own recognizance release if:
- You committed the current crime while on felony parole or felony probation.
- You were issued your warrant for a failure to appear at least thrice over three previous years, and you are currently charged with burglary, assault, battery, criminal street gang, domestic violence, or a crime that you used a gun.
Typically, PC 1270.1 requires a formal hearing for the own recognizance release if you are accused of:
- A violent felony.
- A serious felony like assault using a deadly weapon, rape, or murder.
- Violation of witness intimidation laws.
- Violating a restraining order.
Should You Post Your Baldwin Park Bail Bonds or Request an O.R. Release?
One advantage of an own recognizance release is that the defendant does not post bail. Since bail can be expensive, it is a significant saving.
However, requesting your own recognizance release could trigger court investigations that might not be in your interest.
Also, defendants on parole or probation are better off paying their bail than requesting their own recognizance release. Generally, if the judge discovers you are on probation or parole, they could order a hold on your release. If you are released before they find out you are on parole or probation, they will allow you to stay free until your case is resolved.
Moreover, people who pay bail bonds are released more promptly than those who request their own recognizance release.
PC 1275 Hold
A Penal Code 1275 hold happens when the court puts a hold on the accused’s bail because it believes the amount used to acquire bail stemmed from a felonious act or transaction. The hold is common in criminal cases like:
- Gang crimes.
- Felony grand theft.
You can challenge the hold during a Penal Code 1275 hearing. At the court hearing, you must verify that your bail amount is clean and did not originate from a crime commission. The burden of proof at the hearing is by the preponderance of the evidence. You satisfy the burden if you can verify that it is more likely to be accurate than false that your bail amount is clean.
Some pieces of evidence you can use to establish you legally obtained bail money include:
- Bank statements.
- Pay stubs.
- Sales transactions.
- Loan agreements.
- Credit card statement.
- Tax returns.
After proving that you lawfully obtained the bail money, the court will remove your hold and release you under the official bail amount. To secure your Penal Code 1275 hold removal, you will require the help of a skilled defense attorney and a Baldwin Park bail bonds agent.
Obtaining Bail While You Have a Pending Appeal Petition
If you have been found guilty of an offense, the case is still ongoing if grounds exist to appeal the conviction. So, what occurs if you have a pending appeal case?
Per Penal Code 1272, you are automatically entitled to bail pending your California misdemeanor conviction appeal. Nevertheless, bringing an appeal petition does not mean you will not be sentenced. The judge will proceed with your sentencing. If the judge imposed jail time, your attorney could request them to set a bail amount as you await your appeal proceedings.
Bail for a Felony Appeal
Bail is more complex regarding a felony appeal.
A defendant has a right to bail pending appeal if they are sentenced to a felony and the judge imposes only fines. However, the judge will deny bail pending appeal if they are convicted of a California felony that carries the death penalty.
The court will only grant bail pending appeal under special circumstances if the defendant is sentenced to California state prison. To be granted bail following the felony conviction, a defense attorney should prove all the statements below:
- The defendant will not flee the jurisdiction.
- The accused person is not a threat to their community’s safety.
- They are not bringing the appeal petition to delay the judgment.
- The appeal raises a legal question that can lead to a reversal of the conviction.
When deciding whether to grant bail, the judge will consider the following:
- Your community ties.
- Your family attachments.
- Whether you own properties.
- How long you have lived in your community.
Moreover, the judge will consider the seriousness of the alleged crime and where you attended your previous court hearings.
Can You Leave Golden State While on Bail?
You may have many questions after your release on Baldwin Park bail bonds. One question could be whether you can leave the state while on bail, and this section will offer the answer you require.
Typically, California law requires that a misdemeanor and felony case should go to trial within 45 and 60 days, respectively, after the arraignment. Therefore, if the trial proceeding is within 45 days, it is best to remain in the state. Complying with this bail condition makes your judicial process smoother.
For instance, an unforeseen circumstance like a flight cancellation can make it challenging to return home from another state or county. Given the consequences of skipping bail, you want to avoid experiencing this.
However, there are exemptions to the restricted travel bail term, including:
- A relative is sick.
- You should attend a funeral.
- You need medical treatment outside the state.
- You have business deals that you cannot complete in Golden State.
While Senate Bill 10 will permit you to leave if any of the circumstances mentioned above exists, you should follow the appropriate procedure. Otherwise, it can result in additional penalties, a forfeited bail, or an arrest. It is the last thing you want when facing another criminal charge.
First, you should seek permission from the court before leaving. Please note that the court will not grant your request to attend to non-essential purposes like a vacation.
Second, you should seek your bond service’s permission. It shows your respect for the agency and your dedication to taking responsibility. Other reasons for contacting the bondsman include the following:
- They can assist in checking whether you are lawfully permitted to leave the state or seeking special permission that you might need.
- They will advise you about travel issues that could result in legal or financial challenges.
- They can notify you of any changes to the trial date.
Even when your bondsman permits you to leave, the court can impose travel restrictions and require you to surrender your passport and driver’s license.
Finally, you should notify your co-signer of your travel plans. Since the indemnitor is a loved one, they will give you an authentic opinion on whether the intentions are necessary.
Flexible Baldwin Park Bail Bonds Payment Plan
One option for posting bail is using a bondsman. Your bonding company will require you to pay the entire ten percent premium to secure the release. For instance, if the set bail amount is fifty thousand dollars, you should pay your bondsman fifty thousand dollars.
So, what happens when you cannot afford to raise the ten percent premium? Most seasoned Baldwin Park bail bonds companies accept lower amounts, as low as 1% bail bonds, to secure the release. Like all payment plans, you are still accountable for the outstanding payment until you pay the entire bond amount after your first payment.
Before granting flexible payment plans, your bondsman will consider the following factors:
- Whether you are a flight risk.
- Your credit score.
- Whether you have a cosigner (Co-signers lower the financial risk to the company).
- Whether you have an established residency (You can show that you have resided in the same home for many years).
- Your criminal history (People facing their first-time crime are more likely to qualify for flexible payment plans).
Having a practical plan with the bondsman is critical. Assuming your agreement involves making a 3% down payment before securing your release and another 3% after a week before going to a monthly payment plan. If you fail to stick to the plan, the company will recall the bond and return you to jail.
Therefore, avoid committing to pay an amount you cannot afford. After your bondsman surrenders you to jail because you failed to pay your entire bail, obtaining another bond written even from another bondsman can be challenging.
It is advisable to work with your bondsman to remain free. Most bail bondsmen understand that you have a lot going on after making the initial bond payment. Ensure you keep up on your check-ins and maintain constant communication. It does not hurt to inquire; you would be surprised to learn that your bondsman can work out a later payment date if you get behind.
Other things to know about flexible payment plans include the following:
- If you miss your payment, the co-signers will be accountable for making the payment on your behalf.
- You still owe the outstanding balance from the payment plan regardless of your case outcome.
- You should make your payments timely to avoid the possibility of returning to detention or paying late fees.
- You should always consider paying your bond in full since you will end up paying less in the long run.
Common Asked Questions about Bail Bonds
Being arrested can be confusing, especially if it is the first time. The seasoned and friendly team at Bail Bonds Company is ready to answer all your questions.
Are There Limitations on How Your Bail Amount Should Be?
The 8th Amendment to the United States Constitution requires that bail is not excessive. The government should not use bail to punish the suspect for violating the law or raise money.
Bail is tailored to give you, the suspect, freedom until you are convicted of the alleged crime. Therefore, the set bail amount should be reasonable enough to prevent you from fleeing before your case is resolved.
What is an Exoneration?
Exoneration is a court order that ends your liability on Baldwin Park bail bonds.
Typically, the court order is issued once the criminal case is closed by the accused person being:
- Convicted and sentenced.
- Pleading guilty and being sentenced, or
The judge can also issue it if a fugitive is surrendered to the court within the forfeiture duration.
Your Bail Bondsman Requires Collateral. What Can You Use?
When a licensed bondsman steps forward to secure your release, they will require you to enter into a contract. The contract will indicate that you should maintain contact, attend all court proceedings, and not break another law.
Since this mandates security to ensure you meet these requirements, the agency will ask for collateral. The collateral’s value should be equivalent to or above the bail amount. It can be any of the following:
- Real estate — A parcel of land or home is often the most valuable asset you can own. To use real estate as your collateral, you should file a deed of trust to the bondsman giving them authority over your property, and they will place a lien on the real estate.
- Vehicles — You will give the bondsman the title to your motorcycle, car, truck, dirt bike, ATV, jet ski, or boat. You will maintain your vehicle’s possession.
- Bonds and stocks — When you use these financial assets as collateral, you temporarily transfer their ownership to your bondsman.
- Jewelry like earrings, necklaces, gold watches, and wedding rings with precious metals and gems.
- Artwork and memorabilia.
- Electronics like smart watches, video game systems, TVs, and computers.
Baldwin Courthouse, Jail, and Police Department Contact Details
Governor George Deukmejian Courthouse
Baldwin Park Police Department
Los Angeles County Jail
Century Regional Detention Facility
Contact a Seasoned Bondsman Near Me
All U.S. citizens are entitled to leave detention on bail. Bail assures you that you will abide by your release conditions and attend all court hearings. However, if you do not have the financial resources, Bail Bonds Company is standing by to assist you in reuniting with your loved ones and returning to work as soon as possible. When you contact us, we can give you clear and honest answers to your questions and stand with you throughout the Baldwin Park bail bonds process.
Please contact us at 323-579-1415 to initiate your release process. Our telephone lines are open 24 hours a day, seven days a week.