If you have been arrested but cannot afford the set bail amount, you will likely feel overwhelmed and stressed. Do not worry. You are not alone. For many years, Bail Bonds Company has helped many defendants secure their release affordably and quickly and can stand with you throughout the process. Please continue reading to learn more about Huntington Park bail bonds, how to acquire them, how to get started, and what is expected of you.
Bail vs. Bail Bonds
The words “bail” and “bonds” are commonly interchanged when discussing jail release. While these terms are related, they are different. You pay bail to secure your release from detention, while Huntington Park bail bonds are paid on your behalf by a bail bondsman.
Bail is not a punishment in itself. Instead, it is a way to secure your agreement to follow your bail terms and conditions and return to court. It acts as collateral to ensure you appear in court as ordered. The court will keep the amount if you fail to make an appearance.
You can post the entire amount with the detaining jurisdiction in cash, traveler’s, personal, or cashier’s checks. If you follow your bail conditions and attend your scheduled court hearings, you will receive a refund of the bail money minus any ordered fines and restitution at the end of your case. The refund takes sixty to ninety days after the criminal case is resolved. Resolved in this case means:
- your case ended after plea bargain negotiations.
- being committed to prison or jail.
- the court declared you incompetent to stand trial, or
- you entered a Penal Code 1000 drug diversion program.
If you cannot pay your bail, you can use your property. When you use a property bond, the court secures your asset’s lien, which the court sets at your bail amount. Common properties used include motor vehicles, commercial buildings, and homes.
If you jump bail, your right to the asset goes to court. Your property can also face foreclosure, and the court will collect the bail amount owed from the foreclosure proceedings. If the sale does not lead to an amount that exceeds or meets the required bail amount secured by your asset, you will be liable for paying the difference.
Also, the defendant can contact a skilled Huntington Park bail bonds dealer if they do not have the entire bail amount. The bonding company will require them to pay a non-refundable premium of 10% before posting bail on their behalf.
Sometimes it is wise to use a bonding company even if you can afford your entire bail amount, especially if charged with a drug-related crime. Suppose the prosecution believes you acquired your bail amount using an illegal transaction or act that constituted a California felony. In that case, it will hold your release and conduct a hearing to resolve the matter. The court believes you are less likely to appear if you illegally acquired bail. You should prove you lawfully obtained your bail bond. Otherwise, the court will not accept the bail and can even raise the amount.
Why Bail is Essential
Bail plays a significant role in the United States criminal justice system. It is vital that the legislators felt it prudent to include the right to reasonable bail in the Bill of Rights.
Innocent Until Proven Guilty
One protection given to all citizens, whether innocent or guilty of criminal activity, is the presumption of innocence. This right is essential because the judicial system is not designed to imprison people but to safeguard the public and protect the innocent.
When you are arrested, you are not sentenced. You are charged with standing trial for the offense you are accused of. Thus, it is wrong to detain you without a conviction.
Nonetheless, the presumption of innocence has cons. Individuals who are guilty but have not been sentenced could use this time to flee town. Also, people guilty of a dangerous crime can endanger more individuals while awaiting their trial.
That is where bail becomes instrumental. A judge can release suspects of specific offenses on the understanding that the accused will attend their future court hearings. Bail permits the California judicial system to protect your entitlement of being presumed innocent until proven guilty while protecting your community’s safety.
Granting bail reduces the burden on taxpayers. It is expensive to detain all suspects until their trial date.
Understanding Huntington Park bail bonds Process
Here is a brief overview of the process, starting with the defendant’s arrest and ending with bail bond exoneration.
Booking and Processing
After arresting you, the arresting police officer will take you to a nearby police station or sheriff's office, where you will undergo a booking and processing procedure.
The process can take hours to complete. The duration depends on the number of procedures to be conducted, the number of suspects being booked, and the number of law enforcers involved in the process.
Typical steps in the process include the following:
- Recording your name and the alleged crime.
- Taking mugshots.
- Taking your personal property and clothing into police custody.
- Taking fingerprints.
- Conducting a body search.
- Checking for warrants.
- Health screening.
- Collecting information relevant to incarceration conditions.
- Taking DNA samples.
Setting Your Bail Amount
In most California counties, suspects can post bail with the law enforcers even before they appear in court for their arraignment or bail hearing. The counties have bail schedules outlining bail amounts for several criminal activities. You can secure a prompt release immediately after booking by paying the full bail schedule amount.
Regrettably, for defendants who want quick release, police officers will arrest the suspect for the most severe charges supported by the case facts. For example, the officers can treat a first-time driving under the influence as DUI causing bodily injury, a wobbler. Although the prosecutor can later reduce the felony charge to a misdemeanor, it is considered a felony as far as the bail schedule is concerned. You will post the bail amount accordingly.
The judge will set the bail amount at your initial court appearance after your arrest, which can be either arraignment or a bail hearing. Typically, judges comply with standard practices (for instance, setting a five-hundred bail amount for non-violent misdemeanors). Nevertheless, the judge can lower or increase the amount or release the defendant on their own recognizance based on the circumstances of their case.
Factors that influence bail amounts include:
- The severity of the alleged crime.
- The defendant’s criminal history.
- Whether the defendant is a flight risk.
- The accused’s community ties.
- Whether the defendant poses a risk to their community.
Your skilled criminal defense lawyer can recommend proposing bail terms to the judge. If you agree to the specified conditions, your defense attorney can persuade a resolute judge to lower the bail amount or grant an own recognizance release. Examples of bail conditions that your lawyer could recommend include the following:
- Surrendering your passport or driver’s license.
- Restricting travel.
- Enrolling in a treatment facility.
- Wearing a GPS tracking device.
- Placing you under house arrest with electronic monitoring.
- Not permitting you to leave California.
- Contacting the alleged victim.
- No drinking and driving with any amount of alcohol in your bloodstream.
Please note that the judge can also deny bail. For instance, if the defendant has an existing warrant in another jurisdiction, the judge will detain them until the other jurisdiction pursues its charge. Moreover, the judge will deny their bail if they can flee before your case concludes.
Contacting Your Huntington Park Bail Bonds Agency
The next step is calling and speaking with a certified, qualified bondsman. They will inquire more about the suspect before initiating the process. Knowing your loved one’s name and the jail they are detained in is not enough. There are other essential details your bondsman requires to complete the process as quickly as possible. Before calling the agency, ensure you have the following information:
- The arrestee’s full name (do not give a shortened version of their name or any nickname).
- Where the suspect is held (You should include the name of the jail, the county, the city, and the address).
- The defendant's booking number (you can obtain this information by contacting the correctional institution where your loved one is being held). If the number is unavailable, the bail bondsman can obtain the number later).
- The alleged criminal charges.
- The bail amount.
- Any other relevant information about the arrest.
The bail bondsman will draw up a bail contract and application using these details. The documents are short and straightforward. You can complete it via email or fax if you cannot meet the bondsman one-on-one.
As a co-signer (indemnitor), you assume the financial responsibility of ensuring the accused appears in court when required. You should check on the accused and ensure they adhere to their bail conditions. If the defendant fails to abide by their release conditions and court obligations, you, the indemnitor, must pay the bail amount in full. Consequently, you should trust the defendant before agreeing to sign the paperwork.
Before you sign the contract, the bondsman should explain the responsibilities and duties of a co-signer to you.
After filling out the relevant paperwork and making payment arrangements, your bondsman will go to custody to post your bond. You can post Huntington Park bail bonds at any time of the day. Therefore, your relative does not have to wait for the jurisdiction to be released, irrespective of when you decide to initiate the process.
Remember, irrespective of the set bail amount, the bail bond cost is 10 percent of the bail amount. If, for instance, the required bail amount is sixty thousand dollars, your bail premium will be six thousand dollars.
The Accused Person is Released
After your bondsman completes the necessary paperwork and posts the bail amount, you will be released.
So, how long will it take to be released after posting bail? While it takes between four and eight hours, it can occur more quickly or take longer. It is because the release duration depends on factors like:
- Your paperwork’s complexity — The bail paperwork can be complicated, mainly if the police officers have to confirm whether you have multiple warrants. If this is true, the release process can take longer.
- The number of defendants on the list — Huntington Park bail bonds are posted all day and are added to a list to be processed. You can be released faster if your paperwork is at the top of the list.
- How busy the jurisdiction is — Your release process will be lengthy if detained in a busy prison.
- The number of available staff — Jurisdictions with more staff help accelerate the processing time, reducing the durations between the Huntington Park bail bonds payment and the defendant’s release.
Your Bail Bond is Exonerated
After you have complied with bail conditions, the court will exonerate you. It means that the court no longer has a financial interest in you, and the co-signer is no longer financially liable for your actions.
Please note that an innocent or guilty verdict does not affect whether your bail is exonerated at the end of the California judicial system. What matters is whether you attended the required court hearings.
Skipping bail is failing to attend a scheduled court hearing and then failing to surrender within the set duration. The prosecutor should prove that you knowingly, willfully, or intentionally failed to go to the courthouse.
The criminal penalties for bail skipping lie on the underlying charges. Failure to appear if charged with a misdemeanor becomes a misdemeanor punishable by the county jail. And if you are accused of a felony, the judge will subject you to another felony.
On top of enhanced criminal charges, the judge can:
- Order forfeiture of money or property used to secure your release.
- Order your arrest warrant.
- Revoke your pretrial release (you will remain detained awaiting your trial).
- Raise your bail amount or impose more severe bail conditions.
The Huntington Park bail bonds agency could dispose of the asset to collect the forfeited amount if you used collateral for your bond. The company will use bounty hunters to find and apprehend you if you do not use collateral.
Nevertheless, the court will vacate its forfeiture order and exonerate the bond if you show up in court within six (6) months of your forfeiture date and you have a valid excuse. For an excuse to be valid, it should show you could not have avoided the failure to appear due to circumstances beyond your control. Examples of valid defenses include being involved in an accident, hospitalized, or detained in another jurisdiction.
It is also a defense to argue that you did not receive the notice of your hearing because the court probably sent it to an incorrect address.
However, the court will reject excuses like intoxication. If your motor vehicle breaks, you should find a ride.
Please note that the following are not excuses for skipping bail:
- You ignored the court hearing because you are innocent.
- You were doing something else.
- You did not feel like making the court appearance.
How Jumping Bail Affects Your Co-Signer
In most cases, accused persons require co-signers to post bail. The co-signer agrees to share the legal and financial responsibilities. When the accused skips bail, the Huntington Park bail bondsman's responsibilities fall on the co-signer's shoulders. Although you will not face criminal penalties unless you assisted the accused in missing the court hearing, you can face civil consequences.
Fortunately, you have legal options. If you believe the accused will skip bail, you can contact the court and your bondsman to have your contract ended. In this case, the judge will revoke the bail and return the defendant to jail. Moreover, if you know the defendant’s whereabouts, you can contact the bondsman to return the defendant to police custody.
Consulting Your Bondsman Can Help
Most seasoned bail bonding companies will tell you that they have witnessed how anxiety and worry have made many defendants’ lives challenging, especially regarding making court appearances. They understand that you are struggling with school, work, family, and your trial. Therefore, it would be best to communicate with your bail bondsman about your situation.
Contact a Seasoned Bonds Service Company Near Me
Being arrested can be a stressful and traumatic experience for anyone. While you can never predict when the situation will arise, you can count on Bail Bonds Company. Our team believes that you are innocent until proven guilty and have the right to be released on bail while awaiting trial. By working with us, you can rest assured that we will secure the release promptly and can customize our bail bond plan to fit your budget. We can maintain constant contact with you and your co-signer and remind you of court dates.
Please contact us at 323-579-1415 to learn more about our 24/7 services. We will be happy to answer all questions regarding Huntington Park bail bonds and put your mind at ease.