Law enforcement officers in the state of California are always on the lookout to help prevent crimes, enforce laws, and also respond to emergencies. In the course of their duty, anyone suspected of breaking the law can be arrested. Arrests in the state can happen anywhere and anytime. This means that getting arrested when you least expect it is quite possible.
Such arrests are quite inconveniencing and may significantly disrupt your life. That is why California law allows people who have been arrested to post bail to avoid spending time in jail before their case is determined. If you are in Santa Monica and you or your loved one has been arrested, Santa Monica Bail Bonds is precisely the bail agent you need.
What are Bail and Bail Bonds?
Bail is defined as the amount of money that is paid to act as a guarantee between the arrested person and the court. The court generally gives the defendant an option to pay the bail amount in cash, which is not usually possible for many. This is because the bail is usually set at a higher amount of money than they can afford. For that reason, it becomes impossible for many defendants to post bond for themselves. That is why they seek the help of bail agents, commonly referred to as Bail Bondsmen. The role of Santa Monica Bail Bonds is to post bail on behalf of arrestees for a small fee.
A Bail Bond is, therefore, an amount of money that acts as surety bond, paid by a Bail Bond company through its agents or Bail Bondsmen. Once the payment is made, the defendant is then released from jail with the hope that he/she will honor the court dates provided for his/her hearing. There are mainly two sorts of Bail Bonds:
Civil Bail Bond: This is the kind of bail bond that is used in civil cases as a guarantee of payment for the debt that has been assessed against an accused person, including all the interests.
Criminal Bail Bond: This is the kind of bail bond that is used in felony cases as a guarantee that the accused will appear in court for trial when summoned by the court. The bond also guarantees payment of any penalties or fines that the court could decide against the accused.
Payment of bail to secure a person's freedom may look like a straightforward thing, but it is not. The idea behind it is that when one person is arrested, another person can pay some money to secure the release of that person. This could be the basic idea behind it, but a lot more is involved in the entire process that is important to understand by everyone involved.
Most of the people who have never faced arrest before are faced with the issue of bail payment and are usually not sure what needs to be done. A person has to go through a bail hearing for the judge to decide on the amount of money they should pay as bail. If the person is unable to raise the bail money, it means that they will have to remain behind bars until their case is determined. This can be a few days to a month or more depending on the nature of the case and the amount of evidence that needs to be gathered to prove or dispute the claim. That is why you need to consider the possibility of another person or company paying the bail amount for you if you cannot afford it.
Therefore, if you are facing arrest, take time to understand how bail bonds work, how a court can determine the total bail, what kind of payment methods are available for you and anything else that is important.
What Happens After Arrest?
When the police arrest a person suspected of committing a crime, they physically take that person into custody. This could be a jail or a criminal processing facility. While in custody, the arrestee will go through an administrative process called booking. Generally, when a person is taken into custody, there are likely to be three outcomes: the arrestee can be released, they can be charged and later freed on bail, or they can be charged and be compelled to remain in jail until their case is determined.
During the booking process, the arresting officer will perform several tasks, including taking a picture of the arrested person, recording their personal details which include their name, age, date of birth, taking fingerprints as well as all the physical items the arrestee might have. After that, the defendant is brought to a storage facility.
Not all defendants are allowed pre-trial releases. A bail hearing will have to be conducted for the court to determine whether to grant you bail or not. Generally, arrests involving low-level offenses will see the court releasing the offender with a written requirement for them to appear in court on a given date. For more severe offenses such as those that involve violence, the court may provide a bail after a bail hearing, with strict conditions.
The amount of money that is appropriate for a particular offense and whether or not the police can let an arrestee go without requiring bail is all provided under state laws. However, the judge has total discretion in making these decisions, depending on the case at hand and the arrestee’s criminal record.
Can a Person be Denied Bail?
As mentioned above, some arrests can easily be granted bail, and others have to undergo a bail hearing for the judge to make a decision. For that reason, a person can be denied bail. Here are the factors that will be used to determine the defender's eligibility for bail:
Defendant’s flight risk - Defendants who pose a higher risk of running away after release may not be granted bail. This would include those that are facing charges punishable by heftier penalties and more extended jail terms.
Defendant’s community connections - a defendant with a strong community connection, is highly unlikely to flee after release. People who have well-established businesses or whose family lives within the area have a higher chance of honoring court dates when released on bail.
Defendants with family obligations - a family person, has a higher chance of being released on bail. The court may also impose a bond of a lesser amount to such a person because of the responsibility they have for the wellbeing of their family or dependents.
The nature of the offense - Generally, the judge will impose a higher amount of bail for more severe crimes to make it impossible for the offender to pay for their earlier release. This way, members of the public are protected from possible harm by the offender.
Public safety - The court will first find out whether you pose any risk to the members of the public before granting you bail. You may not be granted bail if you represent a threat to the safety or health of others.
What Happens When You Are Granted Bail
When a court in Santa Monica grants bail, it is up to the defendant to decide to pay the bail amount or to remain locked up until their case is determined. If you choose to pay the total bail, but you do not have enough money to post your bail, you can always seek the help of a Santa Monica Bail Bonds agency. The bail bondsman will only ask for 10% of the bail amount as payment, and then they can guarantee your release.
The role of Bail Bonds is to secure the defendant’s release by acting as collateral such that, if the arrestee fails to show up in court as required, the bail bondsman will pay the bail amount in full. The bail bondsman, on the other hand, will seek some form of collateral to cover the bail amount.
If by any chance, the defendant does not appear in court, the bail bond will be forfeited, and the court will demand the remaining amount of bail to be paid. The bail bondsman will now use the collateral provided by the defendant, which could be in terms of stocks, property, or jewelry to pay the court the remaining amount of bail.
If the defendant appears in court as scheduled, the bail bond will be dissolved after the conclusion of the case and the collateral is returned to the defendant or his/her family. The bail bondsman will only keep the 10% charged as profit.
Find a Santa Monica Bail Bonds Agent Near Me
Getting arrested is hard, but remaining in custody until your case is concluded is harder. If you have many responsibilities in your life, spending time in jail can and will derail you. That is why you need to think about finding a reliable Santa Monica Bail Bonds agent. With a good bail bondsman by your side, you should be able to pay any amount set by the court for your release, and then you can continue with your life until your case is determined. To benefit from this, call us at 323-579-1415 and let us secure your release.