An arrest is one of the most challenging experiences in life. Once it happens, it can be a confusing time. However, an arrest does not imply guilt. You are innocent until proven guilty. That is why your bail release is crucial for you to work on your defense as you resume your daily activities. Bail is often expensive, and most people cannot afford to pay out of pocket. Bail bondsmen step in to address this challenge. By posting bail on behalf of defendants, bondsmen secure a defendant’s pretrial release. If you or a loved one is arrested and requires Calabasas bail bonds, call the Bail Bonds Company.
How Does Bail Work?
Bail is a payment made to the court that allows a defendant to be released from jail while awaiting trial. The purpose of bail is to ensure that the defendant will return to court for their scheduled court appearances.
Here is how bail works in general:
a) Setting the Bail Amount
When police officers arrest an individual, they will take the suspect to jail. While still in custody, the defendant will be presented in court, where a judge will review the defendant's case and determine the amount of bail required for the defendant's release.
The bail amount is typically set based on several factors, including the defendant's criminal history, the severity of the crime, and the defendant's ties to the community.
b) Posting Bail
Once the courts set the bail amount, the defendant or a co-signer can post the bail by paying the sum required in cash or by posting a bail bond through a bail bondsman. A bail bondsman is a professional who will charge a non-refundable fee, typically 10% of the bail amount, in exchange for posting the bond.
c) Release From Jail
If the bail bondsman posts the bail, the defendant will be released. The defendant will be required to sign a contract with the bail bond company, promising to return for all court appearances and to comply with any other conditions set by the court.
d) Failure to Appear in Court
The courts will forfeit the bail if the defendant fails to appear for their scheduled court appearances. If the defendant used a bail bond company, the company would lose the sum posted as bail on the defendant’s behalf.
Losing bail is not the only consequence. The defendant could be subject to additional charges for failure to appear.
e) Return of Bail
After the defendant's case is resolved and all court appearances are completed, the courts will return the bail amount to the person who posted the bail. If you use a bail bondsman, the bondsman will receive the bond's total value.
What Does Cash Bail Mean?
Cash bail refers to a payment made directly to the court by a defendant or a representative on their behalf to secure their release from custody while awaiting trial. The courts set the value of cash bail. It is based on the defendant's circumstances, including the nature and severity of the charges, the defendant's criminal history, and any other relevant factors.
When a defendant pays cash bail, the court holds the money as a guarantee that the defendant will appear for all required court appearances. If the defendant attends all required court appearances and meets any other conditions of their release, the courts will return the bail money to them at the end of the case. If the defendant fails to appear in court or violates the conditions of their release, the bail money will be forfeited and used to pay fines, fees, and other related costs.
Cash bail provides a way for a defendant to secure their release from custody without the involvement of a bail bondsman. However, it can be a significant financial burden, especially for those who cannot afford the total amount. In some cases, a defendant could have their bail reduced or waived or be released on their own recognizance without the requirement for cash bail.
A suspicious bail is not a term commonly used in the legal system. When the terms "suspicious bail bond" or "suspicious bail transaction," are used, the implication is that the bail bond raises concerns or red flags due to unusual or irregular circumstances.
For example, a suspicious bail bond could be one where the bail bondsman is suspected of engaging in illegal or unethical practices, for example, charging excessive fees, providing false information, or using intimidation or violence to coerce a defendant or a cosigner. A suspicious bail transaction could be one where the payment or transfer of bail money raises concerns of money laundering, fraud, or other illegal activities.
If a bail bond is deemed suspicious, it could be subject to investigation by law enforcement or regulatory agencies, and those involved in the transaction could face legal consequences.
Note: Carefully consider all aspects of a bail bond agreement and work with a reputable and licensed bail bond agent to avoid potential legal or financial risks.
What are Calabasas Bail Bonds
A bail bond is a financial agreement between a defendant, a bail bond agent, and the court. The purpose of a bail bond is to allow a defendant to be released from custody while awaiting trial in exchange for a financial guarantee that they will appear for all required court appearances.
The defendant or a representative on their behalf contacts a bail bondsman, who provides a bond in exchange for a non-refundable fee. The bail bond company then posts the bond with the court, guaranteeing the defendant's appearance. If the defendant fails to appear for court appearances or otherwise violates the conditions of the bail, the bail bond could be forfeited, and the bail bondsman could take action to locate and return the defendant to custody.
Calabasas bail bonds can provide a quicker and less expensive alternative to paying the full bail amount in cash. However, it bears emphasizing that you should be aware of the potential risks and the legally binding obligations a bail bond agreement poses.
How Long Can You Be Released on Bond?
The length of time a defendant can be out on bond depends on the facts of the case. Generally, a defendant can remain out on bond until the trial is complete and a verdict is reached. It can take several months or even years, depending on the complexity of the case and the court's schedule.
If the defendant is found guilty, the length of time he/she is out on bond could be limited by the court's sentence. For example, if a defendant is sentenced to a year in jail, they will likely be taken into custody immediately following the verdict.
If the defendant is found not guilty or if the charges are dropped, they will typically be released from custody immediately. In some cases, the court imposes additional conditions, for example, reporting to a probation officer or completing community service, but the defendant will not be required to remain in custody.
Keep in mind that these are general guidelines, and the specifics of each case vary. An experienced criminal defense attorney can provide more information on the length of time a defendant could be out on bond in their specific case.
Collateral in a Calabasas Bail Bonds Agreement
Collateral is property or assets pledged as security for the bail payment in a bail bond agreement. The purpose of collateral is to provide a financial incentive for the defendant to comply with the conditions of release and attend all required court appearances. If the defendant fails to appear in court or violates the conditions of release, the bail bond company will seize and sell the collateral to recover the bail amount.
Typical forms of collateral in a bail bond agreement include:
- Cash — A defendant or cosigner could provide some money as collateral, which the bondsman typically holds until the resolution of the case.
- Real property — Defendants or cosigners could provide real property, like a house or land, as collateral. This submission requires the preparation of a deed of trust or mortgage, which provides the bondsman with a lien on the property.
- Personal property — Jewelry, vehicles, or other assets are also acceptable as collateral. Defendants and cosigners will have to prepare a pledge agreement or additional security agreement, which provides the bail bondsman with a lien on the property.
- Securities — Calabasas bail bondsmen accept securities, including stocks, bonds, or other investments, as collateral. The bondsmen will require the security agreement, which provides a lien on the securities to the bondsman.
Note: Carefully consider the risks involved in providing collateral for a bail bond. Additionally, work with a reputable and licensed bail bond company to ensure that all agreements and pledges are legally binding and enforceable.
Who is a Cosigner
A cosigner is a person who signs a bail bond agreement as a co-obligor, along with the defendant and the bail bondsman. The cosigner is responsible for ensuring that the defendant complies with the conditions of release and makes all required court appearances. If the defendant fails to do so, the cosigner will be liable for the value of the bail. He/she will have to pay the bail bondsman to recover the bail amount.
Family members, friends, or business associates of the defendant could cosign the bond. They must be willing to provide financial assistance or collateral to help secure the defendant's release from jail. The cosigner should carefully consider the risks involved in co-signing a bail bond and understand their obligations and responsibilities under the bail bond agreement.
Responsibilities of a Cosigner
The responsibilities of a cosigner in a bail bond agreement include the following:
- Financial responsibility — The cosigner is financially responsible for the bond’s value if the defendant fails to comply with the release conditions or misses court dates.
- Payment of premium — Cosigners pay the bail bond fee in return for the bail bondsman’s service. In Calabasas, the cost usually is 10%.
- Ensuring compliance — The cosigner is responsible for making sure that the defendant complies with the conditions of release, such as attending all required court appearances and avoiding new criminal charges.
- Contact with the bail bond company — Cosigners should maintain contact with the bail bondsmen, providing updates on the defendant's whereabouts and ensuring that the defendant follows the conditions of release.
- Legal obligation — Cosigners must fulfill the responsibilities outlined in the bail bond agreement. If the cosigner fails to fulfill these responsibilities, they will be subject to legal penalties, like fines, lawsuits, and wage garnishments.
What Happens If I Do Not Appear in Court After Posting Bail?
The following is a sequence of events likely to follow if you fail to appear in court after posting bail.
a) Forfeiture of Bail
Your bail could be forfeited, and the bail bondsman could use all legal means to collect the money owed.
Forfeiture of bail refers to the situation when a person who has posted bail fails to comply with the conditions of their release or fails to appear in court as required. The courts then declare the bail amount forfeited and use the funds to cover any fines or fees associated with the case.
When bail is forfeited, the court issues a warrant for the person's arrest and requires them to pay the total amount before being rereleased from custody. The court could also pursue collection efforts, for example, wage garnishment or property seizure, to recover the forfeited bail amount.
In some cases, the person who posted the bail or their cosigner could be held responsible for the forfeited amount if the person fails to appear in court.
b) The Judge Will Issue a Warrant for Your Arrest
A warrant for arrest is a legal order issued by a court, usually when an individual fails to appear for a court hearing. The warrant gives law enforcement the authority to take the individual into custody and bring them before the court.
Difference Between a Bench Warrant for Your Arrest and an Arrest Warrant During Investigations
A bench warrant and an arrest warrant are both legal orders issued by a court, but they serve different purposes.
Bench warrants are issued when individuals fail to appear in court for a scheduled hearing. The warrant is issued "from the bench," meaning it originates from the judge's bench in the courtroom. A bench warrant gives law enforcement the authority to arrest the individual and bring them before the court to face the charges or explain their failure to appear.
On the other hand, an arrest warrant is issued when a law enforcement agency presents evidence to a judge showing probable cause to believe that a person has committed a crime. An arrest warrant gives law enforcement the authority to take the individual into custody and bring them before the court to face the charges. An arrest warrant can be issued during an investigation or after charges have been filed in court.
c) Revocation of Release
Revocation of release refers to the act of canceling or rescinding a person's release from custody, either on bail or on their own recognizance, due to a violation of the conditions of their release.
This can happen if a person fails to comply with the conditions of their release. When courts revoke an individual’s release, the defendants will be taken back into custody and face additional penalties. These penalties include increased bail or a more extended time behind bars.
In some cases, the court could hold a hearing to determine the merits of revoking a release. The defendants will have the opportunity to argue against the revocation and present evidence to support their case. However, the final decision on revocation lies with the court.
d) Additional Charges
Failing to appear in court when required can result in additional criminal charges. This offense is separate from the original charges and is referred to as Failure to Appear (FTA). The penalties for FTA can vary depending on the initial charges and the circumstances surrounding the failure to appear.
Under California Penal Code 1320, if a person out on bail fails to appear in court within 14 days, the court will issue an arrest warrant. A conviction for FTA is punishable by a fine of up to $5,000.
In some cases, an FTA could also result in the revocation of release, which means that the individual may be taken back into custody and have to post a higher bail amount to be re-released. In severe cases, an FTA results in the individual being held in custody until the conclusion of their case, regardless of whether or not they post bail.
Jail and Courthouse Information
L.A. County Sheriff
Los Angeles County Superior Court - Van Nuys East
Contact a Bail Bondsman Near Me
If you or a loved one is seeking a bail bond service, act quickly and find a reputable company. Choosing the right bail bondsman and understanding the bail bond process can help ensure a smooth and successful outcome. Consider a bail bondsman who operates 24 hours a day, seven days a week. Bail Bonds Company meets this criterion. Contact our Calabasas bail bonds team at 323-579-1415 for more assistance.