Among the legal rights every defendant has is to secure a jail release using bail bonds. Courts automatically grant defendants reasonable bail/bond terms. With the opportunity provided, you can decide to post cash bail or seek bail bonds. El Monte Bail Bonds is a reliable bail bond company providing bonds to individuals looking to secure their jail release in El Monte, CA which is explained further in this article.
Bail vs. Bail Bond
Bail refers to the process of releasing an individual from jail to guarantee public safety and future court appearances. On the other hand, a bail bond refers to a formal legal agreement made between a court and a defendant or a bail agency and a defendant. While cash bail is among the most prevalent ways of posting bail, bail bonds are increasingly becoming common. Either way, once you secure your loved one's release, he/she will be at ease to prepare for the case.
Just like cash bail, El Monte bail bonds help assure that a defendant will be present in court upon request. The bond will hold the defendant to the highest standards of integrity until his/her case is resolved. Bail bondsmen serve as the key facilitators of bail bonds. They have licenses to run this type of business under the state-imposed regulations.
Posting Bail in California
Bail offers defendants detained in jail n opportunity to secure their release as they await trial. You can bail out your loved one if the alleged crime qualifies as a “bondable offense” under the California laws. Cash bail may prove to be an expensive option for helping your friend/relative get out of jail. You may consider using a bail bond that requires an upfront payment of a small portion of the bail amount.
Factors Influencing a Defendant’s Bail Amount
The State of California, just like other states in the country, follows bail schedules. Every county in the state has its bail schedule. Expect the judge to determine the bail amount during your first court appearance. When determining the bail amount, factors such as your criminal history, the severity of the crime, your parole/probation status and priorable offenses may count.
A court will consider public safety when determining your bail if your release may endanger the community. If you pose a significant flight risk, the court may deny your bail request or set a high bail amount. A flight risk, in this case, means you are likely to skip future court dates by fleeing the state, county, or country. Violent, large-scale, and dangerous felonies attract larger bail amounts when compared to misdemeanors.
In Los Angeles County, all misdemeanors with no uniform bail set attract a bail amount of $500. Offenses that qualify as wobblers attract a bail amount of $750 while violations of County ordinances attracted $250. The Superior Court of California also set the bail for unlisted infractions committed in Los Angeles county to $35.
What Happens After You Post Bail
Posting bail before your or your loved one's first court appearance will result in a new court date being set. If you post bail after your first court appearance, the court will order your release from jail. However, you must promise to appear in the courtroom at the next scheduled court date. Failing to honor this promise will automatically result in the judge revoking your bond.
With your bond revoked, the bail bonds company will have to locate you and have you remanded back into custody. Before agreeing to seek El Monte bail bonds, you must first agree to attend future court dates. You will be putting yourself at risk of paying penalties and having the bail amount forfeited if you fail to appear in court.
Who is a Bounty Hunter
Bounty hunters play the role of bail enforcement agents. Also known as skip tracers, bail fugitive investigators or fugitive recovery agents, their role is to apprehend fugitives who miss court dates. They work with bail agencies to help locate and return noncompliant bail clients. Once they locate you, they will refer you to the respective court or jail locations.
Bail Skipping is a Bad Idea
Once you fail to appear in court, the phrase "bail skip" will apply to your situation. Skipping bail usually results in the bail agency hiring a bounty hunter. The relevant court will also issue a bench warrant for your arrest and have your bond forfeited. Communicating with your bail agency can help you prevent these consequences if you miss a court date.
Your bail agent may file a resumption of liability or help schedule another court appearance if you skipped one. Courts are usually strict on making court appearances. They have piles of cases in their pipeline that may go unresolved if the defendants willfully skip a hearing.
Can the Court Reduce the Bail Amount?
Though rare, the court may set your bail amount above the bail schedule of the county you committed an offense. A scenario like this one may arise if the law enforcement officers request the court to increase the bail amount. Other factors, such as a defendant being on probation and parole, may also result in this situation.
A bail motion, filed by your lawyer to the relevant court, can help argue for the reduction of the bail. A judge will review your allegations and set bail depending on their nature. The judge may also reduce the bail to the recommended amount. You will be left to decide whether to post cash bail or use a bail bonds company.
Getting a Bail Bond
A bail bond usually serves as money/property deposited with a court to secure one’s release from jail. The court may return or refund the money/property when a defendant appears in court. If you choose to hire a bail agent, you should understand how they operate and the types of services offered.
Who are Bail Agents?
Also known as bail bondsmen, bail agents act as professional sureties. They charge a non-refundable fee (a premium), which equals 10 percent of the bond, for their services. Missing your court date will make the court to keep the bail bond company's money, forcing the company to hire a bounty hunter to find you. Your bail agent may pursue civil action against you to recover the bail bond amount if you miss a court date.
Agreeing to the Bail Conditions
Every bail agreement bears special conditions based on the type of bail bond you are seeking. Bail bond companies enact these conditions by referring to the court-imposed restrictions. For instance, your bail agreement may specify limited travel restrictions, drug counseling treatments/classes, and continued employment. The contract may also mandate you to check-in regularly with the bail agency.
Common conditions for El Monte bail bonds include an obligation to pay the service fees and premiums and appear in court until the resolution of your case. Others include the obligation to notify the bail agency of any changes in your details within 72 hours. These details may include the place of employment, phone number, and residence address.
Why Bail Agencies Charge a Bail Bond Premium
A bail bond premium is a non-refundable fee a client needs to pay to a bail bond company to access their services. The State of California has a uniform bail premium rate of 10 percent. In this case, you would pay a $2,000 bail premium to a bail agency to seek a $20,000 bond. You can pay this premium through debit/credit cards, bank wire transfers, money orders, checks, or cash.
Immigration and federal bonds will cost you a premium of 15 to 20 percent of the bond to access. El Monte Bail Bonds also offers discounts depending on the circumstances of your case. The premium helps the company facilitate present and future bail bond applications. You will find the details regarding this fee in the bail agreement contract issued by the company and regulated by the state.
Roles of an Indemnitor in a Bail Bond Transaction
As an indemnitor, you will be agreeing to secure the release of a defendant (who can be a friend or relative of yours). The bail agency will ask you to sign an indemnitor agreement to make the decision official. As an indemnitor/guarantor, you must be willing to assume the financial and legal liability of the individual being released out of jail. You will be responsible for his/her future court appearances, put down suitable collateral, and pay the bail bond premium.
What is an Indemnitor Agreement?
An indemnitor agreement is a contract between a bail agency and an indemnitor. The contract usually includes legal forms required by the local superior court. Expect the document to also feature your contact information, the bond amount, and other bail bond information. Indemnitor agreements also feature the charges a defendant is facing, the court date, court location, and the fees for the El Monte bail bonds.
Hire a Bail Agency Near Me
Making a bail bond application can be a convenient way of having a bail agent secure your jail release. Once the company posts a bond, the release process will start and can take two to twelve hours to complete. Guarantee your freedom out of jail in El Monte, by calling El Monte Bail Bonds at 323-579-1415.