Getting arrested for any criminal offense does not mean you are automatically going to jail and will fight your charges from there. California law has made it possible for alleged offenders to fight their cases out of jail by introducing the bail system. The bail system makes it possible for offenders to follow the progress of their cases while enjoying time with their families. If you have been arrested in Burbank and are considering a release on bail, bail bonds services are the most effective way. Several Burbank Bail Bonds companies exist, so it is important that you do your due diligence and find the most reliable services to ensure the release of your loved one. At Burbank Bail Bonds, we offer quick and efficient services that will reunite you with your family within a short period of time.
Bail is the amount of money you have to pay to the courts for you to be temporarily freed from jail. Bail is a means of making sure you will not fail to appear in court as the judge orders, for the hearing of your case. In many cases, if your charges are minor, the judge may free you on your own recognizance (O.R release).
Obtaining an O.R release doesn’t require you to post bail or bond. You only sign a written citation promising to attend the hearing of your case. Also, it is not a guarantee that a judge will grant you bail. Under given circumstances, depending on the offense you committed, a judge has the discretion to deny bail.
The amount of bail varies from one California County to another. Also, the amount varies based on the offense you are alleged to have committed. All counties in California have their bail schedules which determine the bail amount for every crime. Thus, in Burbank that is located in LA County, the bail amount ranges from $20,000 for minor crimes to about $5,000,000 if it’s a severe offense.
However, note that it’s upon the discretion of the judge to determine what amount you will post as bail. Thus, the judge has the authority to grant a different bail amount from what a bail schedule dictates based on the facts of the case, your criminal record, and a flight risk.
How Bail Bonds Work
A bail bond refers to a contract between a Burbank Bail Bonds company and the person securing bail. Bail bond companies operate as lenders. They agree to post the bail on your behalf if you agree to pay a non-refundable fee of 10% of the bail amount. This fee is the company’s fee for risking their money should you fail to avail yourself in court.
For instance, if your bail amount is $200,000, the bonds company will charge $20,000 to secure bail for you. Usually, the company requires a co-signer for the bond. The co-signer could be a friend or family member.
The bail bonds company would need certain information to process the bond. For instance:
Your name, date of birth, and address
Place of employment
Where you are being held
The charges you are facing
The amount of bail needed by the court
Where you were arrested
Since the bonds company posts the remaining bail amount, they effectively have to ensure you don’t miss availing yourself in court.
Posting Bail in Burbank
There are three ways of securing a bail release, they include the following.
The easiest method to post bail is by depositing cash in full. However, this only works if the amount of bail is little, for example, $500. Cash bail can also be posted through traveler’s checks, cashier’s check, or money order. In certain cases, personal checks may also be accepted.
If the judge, prosecutor, or police have a reason to believe you illegally obtained the money you are posting as bail, your release will be delayed. The court will then hold a hearing to solve the case. It will be your duty to prove to the court that you obtained the money legally. If you manage to show so, your bail will be accepted. Moreover, if you do not, your bail won’t be accepted, and given the circumstances, you may face the consequences.
The reason you have to prove the legality of your bail money is, courts believe if you got the money illegally, there might be little or no incentive to make you present yourself in court. Thus, it means even if the cash to secure cash bail is available; you might still need to seek Burbank Bail Bonds services to maintain a low profile.
Securing a bond through an accredited Burbank Bail Bonds company is the most common way of bailing someone out of jail. This is so because, in most cases, bail is in large amounts, for example, $10,000. Here, you pay 10% of the entire bail amount to the bail bonds company. The 10% amount is usually non-refundable. Upon paying the amount, a bail bondsman goes to the exact location where the bond is to be posted and posts the bond, securing your release.
Additionally, the bail bonds company may need you to provide collateral when obtaining a bond, especially if the bond is substantial. The collateral is usually a valuable asset like real estate. If you don’t appear in court as per the agreement you made and your bail is forfeited, the bail bonds company may seize and sell the collateral.
In most cases, bail is secured by another person who is not the defendant. Someone else could be a co-signer for the bond with the bail bonds company. However, that person has certain obligations to fulfill. If the defendant fails to appear in court or flees from his/her jurisdiction, the bonds company will go for the person for payment if it fails to locate the defendant.
Property bail bonds are not so common in Burbank since preparing one and submitting a formal appraisal can be time-consuming. This is where you post the value of your property as a guarantee you will appear in court. In most cases, the value of the property has to be at least twice the amount of bail. If you don’t show up in court on the set dates, the court will place a lien on the particular property. Then, the court forecloses on the property to recover the bail amount.
The Consequences of Failing to Present Yourself in Court After a Release on Bail
In case you don’t avail yourself in court as agreed after being released on bail, a judge will issue a warrant for your arrest. Additionally, the Burbank Bail Bond company that sets your bond will hire a bounty hunter to find you, especially if you did not put up collateral. A bounty hunter is paid a percentage of the bond amount. However, he/she will only be paid if he/she locates you. Bounty hunters have the right to arrest you and take you back to the police in the jurisdiction from which you fled.
If you are rearrested, you may be charged with a failure to appear (FTA) offense. This offense applies whether you were released on bail or you obtained an OR release. If you are charged with an FTA, you will forfeit the cash bail amount you posted. If it was a bond, the bail bonds company would lose the whole bond amount if they fail to hand you back to the authorities within 180 days.
The court may uplift its forfeiture order and exonerate the bail if you surrender yourself to the authorities within the 180 days. However, you must have a valid reason why you failed to appear in court. Among the reasons you can give include:
You had a severe injury or illness that resulted in staying in the hospital.
You have a mental illness or deficiency that prevents you from comprehending the seriousness of the situation. This is especially so if you were in a psychiatric ward at the time you were to appear in court.
You were arrested and held in a different jurisdiction and couldn’t attend the hearing.
You’re disabled or became disabled and couldn’t attend.
Note that any of the above reasons should be corroborated with valid documents from the respective institutions.
What Happens to The Bail Money After Your Case?
After the case is settled, the court releases (exonerates) bail money back to you. Note that the release of the bail amount takes place only if:
Your case has been resolved
The court rules that you are incompetent for a trial
The court rules that you should enroll in a drug diversion program
You are convicted of your offense
In the case you made cash bail then are sentenced, and your conviction includes restitution or a fine, your bail money will be used towards these penalties.
Find a Burbank Bail Bonds Company Near Me
No one likes the idea of fighting their case from jail. That is why when most people get arrested; they seek to be out of jail as soon as possible. Getting out before your case is determined means posting bail. For residents of Burbank, Bail Bonds will do a great job in ensuring you are released on bond as soon as possible and have you reunited with your family. Call us now at 323-579-1415 to begin processing your bond right away.