Innocent till proven guilty is one of the hallmarks of our criminal justice system. That means if you are charged with any crime, your innocence is upheld until you are convicted of a crime. So how is Glendale bail bonds relevant to this hallmark? Bail bonds are related to this hallmark because it allows you not to have to wait in jail while you await a conviction. A bail bond is a form of guarantee offered by bondsmen like Glendale Bail Bonds. It states that you will return to court on the scheduled date of your hearing if you are released. Read on to learn how bail and bail bonds works.
What is the Difference Between Bail And Bail Bonds?
Most have read in a newspaper that "So and so has been released from police custody on bail." So what is bail and how different is it from a bail bond?
Bail is the total money that is set to serve as collateral/security between the defendant and the court. Although cash is an option of paying the bail, most defendants cannot afford to post the bail themselves. This is because usually, the amount set is high. Therefore, the defendant should seek assistance from a bondsman.
A bail bond is a surety bond offered by a surety bond form through a bondsman. The bail bond secures your release from jail.
How Bails Are Set in California
After being arrested for an offense, most likely you will be sent to jail. Fortunately, in most cases, you will be released before your trial. There are four methods in which you could be released from the police custody:
- Posting full bond amount in cash with the jail or court
- Using your property as collateral with a court
- Own recognizance (the judge allows you to be released for free on the condition that you shall return to court for the hearing)
- Using a bail bonds agent services
If your offense is minor like driving under the influence with no injury, the judge could release you after booking without bail. However, if your crime is on a bail schedule, you have to pay the total bail amount or post a bond.
The arresting police can request the bail amount to be set higher compared to the bail schedule. During the arraignment (first court hearing after the arrest), the judge could adjust your bail to an amount that is consistent with your case's circumstances. Your defense lawyer can request a bail hearing to challenge the decision within two days after the arraignment.
During a bail hearing, a judge can decide to reduce the total bail amount, reduce it, increase it, change it, or even release the defendant in own recognizance. This will be reached after putting the factors below into consideration:
- How serious is your offense?
- Did you injure any person? If so, how severe is the injury?
- Did you threaten the alleged victim?
- Were drugs, weapons, or firearms involved?
- Do you've connections in your community, such as business interests? Are you employed?
- Do you have a criminal history?
- Are you a threat to public health and safety?
If a defendant is accused of committing a severe offense like kidnapping, homicide, sexual assault, or robbery, the judge cannot modify the bail amount without first discovering the following rare circumstances as evidence:
- Variation in the case's circumstances
- Finding evidence which is exculpatory or incriminating
- The defendant becoming severely ill
- Witnesses failing to cooperate or disappearing
The judge can also refuse to grant bail. This could occur when a defendant commits another offense while on bail or another court has an arrest warrant on them.
If the judge grants bail, you must comply with the terms and conditions below:
- Surrendering your driver's license and passport
- Refraining from contacting the victim
- Possessing no firearm
- No taking alcohol or operating a car while drunk
- Not allowed to leave California
The simplest way to post bail is by paying the entire bail amount in cash. However, as noted earlier, most defendants cannot afford the whole bail amount and as a result, use bondsman's services.
Payment of the entire bail amount could be made using a money order, traveler's check, personal check, or cashier's check.
Sometimes the court may not accept cash bail if its source is suspicious (originating from an illegal business). For instance, if you're accused of drug trafficking or embezzlement, the judge will be apprehensive of the money's origin if you post a bail of $75,000 or more. It is, therefore, wise to secure Glendale bail bonds with a reliable bondsman to avoid a situation like this.
Bond is the most popular way of posting bail since, in most cases, the set bail amount is high. When securing Glendale Bail Bonds for a loved one, you ought to provide the bondsman with the following information:
- Where the defendant is in custody
- The jail's name
- Defendant's full name
- Booking number
- The total bail amount (this will help the bondsman determine how much you need to get your loved one from jail)
After contacting the bail bond agent, the next thing is discussing the pricing option. Generally, bail bond agents charge 10% of the total bail amount upfront for their services. For example, if your bail is set at $30,000, you will secure the bond for $3,000. This premium is non-refundable.
Moreover, the bondsman may demand that you surrender collateral in the form of securities or property or ask for a statement of creditworthiness. The bondsman will accept valuable property such as homes, jewelry, and vehicles as well as bonds and stocks.
In return, your bail bond agent will issue the court an agreement stating that they will take care of your bail in full should you miss the court hearing. Once the bail bond is paid, you will be released until your trial.
Usually, the bond is posted by another person other than the accused (an indemnitor). In other words, you co-sign for bail bonds with a bondsman. When you co-sign the bond bail contract, you assume responsibilities such as paying additional charges related to forfeiture and ensuring the defendant adheres with the court conditions.
If the accused flees California or fails to show up in the court, the bondsman will first try to locate the accused. If the defendant is nowhere to be found, the bail bond agency will require you to make the payment.
How Long Does the Bail Process in Los Angeles Take?
The duration takes a jurisdiction to process Glendale bail bonds vary mainly depending on the offense, your criminal history, the number of arrests made on that day, the number of workers working in that jail, and your citizenship status.
What Takes Place if You Skip Bail
Skipping bail is a crime. If the underlying offense is a misdemeanor, skipping bail is a California misdemeanor. If charged with a California felony, you will be charged with a felony for failing to appear in court. In both instances, the judge will order a bench warrant for arrest.
If you used cash bail, the whole bail amount will be forfeited. Similarly, the bonds bail agent will lose the entire bond amount. If you used collateral to secure your bond, the bondsman will sell the asset to recover the amount of money it has lost to the jurisdiction. If no collateral was used, the bondsman will employ a bounty hunter to locate you.
Bounty hunters are paid a portion of the total bond amount but only when the accused is arrested. They have the power to arrest you and take you back to the jail that you fled from.
The judge, however, can reinstate the order to forfeiture your bond if you show up in court within 180 days of the forfeiture date. You should also have a convincing reason, such as:
- You were mentally incapacitated
- You needed medical treatment (a medical statement or report should prove it)
- You were arrested in another jail
Getting Your Bail From the Court
Bail is not a sentence or punishment, and you are entitled to have the money refunded if you abide by all bail conditions upon the case's conclusion. The bail refund duration varies depending on the type of bail used and the court in which you paid the bail. Typically, the release will take approximately two (2) to six (6) weeks.
Federal courts don't release bail automatically upon the case conclusion. You need to file a petition with that court of law requesting it to release the money you paid or the lien placed on the property used as security/collateral.
The jurisdiction will keep some amount of your bail as an administrative fee.
Finding a Renowned Bail Bond Agent Near Me
Being charged with an offense in Glendale can be stressful. Besides spending time defending yourself, you will also be sent to jail. Well, this can be avoided. Securing Glendale Bail Bonds is the most effective method you can use to gain your freedom as you await trial. Unfortunately, depending on the seriousness of the crime, a bail amount can be set high, and you may not be able to afford it. Because of this, it is wise to work with a well known bondsman who will not only offer the financial solution you require but also understands the legal system. For more information about our services, contact us at 323-579-1415 today!