Courts impose significant amounts as bail, and most people cannot afford it. The likely implication for this situation is that the detainee remains in custody until the end of his/her trial. However, bail bondsmen address this challenge by offering to post bail for the detainee in exchange for a service fee. This means the arrestee can secure his/her pretrial release for a fraction of the bail amount. You or a loved one should not have to remain in prison for not being able to post bail. You can talk to the Bail Bonds Company if you or a loved one is in custody in South El Monte and require bail bond services.
What is a PC 1275 Bail Hold?
A PC 1275 bail hold is a legal term used to refer to a court's authority to order a defendant to be held in custody without the possibility of bail, as specified in California Penal Code Section 1275. This type of bail hold is typically used in cases where a defendant is considered a flight risk or a danger to the community.
How Bail Differs From a PC 1275 Bail Hold
Bail is the amount of money a defendant must pay to secure his/her release from custody while awaiting trial. The purpose of bail is to ensure that the defendant will return to court for their scheduled court appearances. The amount of bail is set by a judge and is typically based on the severity of the crime and the defendant's criminal history.
On the other hand, a PC 1275 bail hold is a court order that prevents a defendant from being released on bail. This means that the defendant will remain in custody without the possibility of posting bail until their trial is complete. A PC 1275 bail hold is typically used in cases where the courts deem the defendant a flight risk or a danger to the community.
In summary, the main difference between a bail and a PC 1275 bail hold is that the former allows for release under certain conditions and costs, while the latter does not.
What Happens If You are Unable to Post Bail?
If a defendant cannot afford the bail set by the court, they have a few options.
One option is to ask the judge to lower the bail amount at a bail review hearing. The defendant can also use a South El Monte bail bondsman, who will post the bail in exchange for a non-refundable fee, usually 10% of the bail amount. This fee is non-refundable even if the defendant is found innocent.
Another option is to apply for a public defender. The public defender's office can provide legal representation for defendants who cannot afford to hire a private attorney. Public defenders can also advocate for a lower bail amount or release on one's own recognizance (O.R.). An O.R. release is a release from custody without bail.
Courts deem defendants released on their own recognizance (O.R.) not to be a flight risk or a danger to the community. Further, strong ties to the community, like a stable job, business, or family, will likely inform the judge’s decision to release a defendant on their own recognizance.
It is worth noting that if the defendant cannot post bail, they will have to remain in custody until their trial.
Going to Jail for Not Paying South El Monte Bail Bonds
Failure to pay a bail bond can result in a defendant being placed back in custody. When defendants post bail using a bail bond company, they enter into a contract with the bondsman. The agreement requires the defendant to appear for all scheduled court appearances. If the defendant fails to do so and the bail bond company cannot locate and return the defendant to court, the company is responsible. Thus, it is likely the bail bond company will lose the value of the bail bond should the court decide to forfeit the bail.
As a result, the bail bond company will typically hire a bail enforcement agent, also known as a bounty hunter, to locate and return the defendant to custody. If the defendant is found and returned to jail, they will likely be held in custody until their trial ends or until they can post bail again. If the courts find the defendant not guilty and the bail bond company cannot return them to custody, they could face charges for skipping or jumping bail.
The bail bond company's responsibility is to ensure the defendant's appearance in court, not to pay the bail. The defendant who signed the contract with the bail bond company is responsible for paying the premium/fee and any additional expenses the bail bond company incurred in finding and returning the defendant to custody.
Bounty hunters, also known as bail enforcement agents. They are individuals bail bond companies hire to locate and return defendants who have failed to appear in court after posting bail. The California Department of Insurance (CDI) regulates bounty hunters in South El Monte. The agency is responsible for issuing and renewing licenses, enforcing laws and regulations, and investigating complaints against bail bondsmen and bail enforcement agents.
Bounty hunters operating in South El Monte must be licensed by the CDI, be at least 18 years of age, and have completed a 40-hour training course approved by the CDI. While working, they must also pass a background check and fingerprinting and carry a valid and identifiable bail agent license.
Bounty hunters are only allowed to arrest within the state and have limited power of arrest. They are not allowed to enter a private residence without the owner's permission or a warrant, and they are not allowed to use deadly force except in self-defense.
It is important to note that some states have banned bounty hunting, and California is not one of them. Additionally, bounty hunters are not law enforcement officers and do not have the same authority. They are not allowed to carry firearms.
What Does California Law Allow Bounty Hunters To Do
Assembly Bill 2029 and Bill 2238 allow bounty hunters to take a defendant into custody if they fail to appear for a court date after posting bail. Bounty hunters can also enter a private residence to make an arrest, but only if they have the owner's permission or a valid warrant. They are not allowed to use deadly force except in self-defense.
Bounty hunters in California must carry a valid license and identification card while working. The laws also allow bounty hunters to use reasonable force to make an arrest. However, they must announce their presence, identify themselves as bail enforcement agents, and explain the reason for the arrest. They must also provide proper identification when requested.
In summary, California law allows bounty hunters to take a defendant into custody if they have failed to appear for a court date after posting bail, enter a private residence to make an arrest, or use reasonable force to make an arrest. However, they are not allowed to use deadly force, carry firearms, or make an arrest outside California. They must also be licensed and follow specific rules and regulations.
Can You Recover Your Money From a Bail Bondsman?
When a defendant posts bail using a bail bondsman, they typically have to pay a non-refundable fee, usually 10% of the bail amount, to the bail bond company. This fee is paid to the bail bond company as compensation for posting the bail and is not returned to the defendant even if they are found innocent or their case is dismissed.
When the defendant appears in court as required, the bail is returned to the bail bond company at the end of the case. However, the bail bondsman is not mandated to return any portion of the fee to the defendant or co-signer.
If the defendant fails to appear in court as required, the bail bondsman could forfeit the bail, and the court will keep the bail money. Additionally, if the defendant or a co-signer on the bond misses a payment, the bail bondsman has the right to revoke the bond. The defendant will be taken back into custody, and the bail money will be forfeited to the court.
When individuals use South El Monte bail bonds, they will not recover their bail money back and will only pay a non-refundable fee to the bail bond company.
Length of Time You Remain in Custody if You Cannot Make Bail
If you cannot afford the bail set by the court and cannot secure release through other means, you will have to remain in custody until your trial. Remember, you post bail to secure your pre-trial release.
The length of time you will spend in jail before your trial depends on the specific circumstances of your case and the court schedule.
Defendants have the right to a speedy trial, and the length of time a defendant spends in jail before trial must be reasonable. However, the definition of "speedy trial" varies depending on the case's specific circumstances and can take months or even years. In general, less severe charges take less time to be heard in court than more serious ones.
Additionally, if a defendant is found guilty, they could be sentenced to serve additional time in jail or prison as a punishment.
In summary, if a defendant cannot make bail, they will remain in custody until their trial, and the length of time they spend in jail will depend on the specific circumstances of their case and the court schedule.
Conditions Imposed by Courts When Released on Bail
When a defendant is released on bail, the court imposes certain conditions to ensure the defendant will return for their scheduled court appearances. Further, the terms also aim to protect the safety of the community. These conditions include:
- Restrictions on travel — The courts could require the defendant to remain within a particular geographical area or to surrender their passport.
- Curfew — The defendant could be subjected to being at home during certain hours of the day or night.
- Drug or alcohol testing — Courts could require the defendant to submit to regular drug or alcohol testing.
- Prohibition of contact — The defendant, under this condition, should not have any contact with specific individuals, for example, the alleged victim or witnesses in the case.
- Electronic monitoring — South El Monte courts could require the defendant to wear an electronic monitoring device. An ankle bracelet is more likely. It tracks the wearer’s movements.
- Reporting requirements — You could be required to report regularly to a probation or bail officer.
- Stay-away order — Courts could also order defendants to stay away from specific places or individuals.
- Attendance to classes or programs — Last but not least, courts could mandate the defendant to attend certain classes or programs, including drug or anger management classes.
Note: Courts set the bail conditions and will vary depending on the specific circumstances of the case and the defendant's criminal history. The defendant must comply with all the terms set by the court. Failure to comply can result in the revocation of bail.
Failure to Appear - What Happens if You Skip Bail
If a defendant fails to appear for a scheduled court appearance after being released on bail, it is considered a failure to appear (FTA) and is a criminal offense. The consequences for failure to appear can vary depending on the specific circumstances of the case, but they can include the following:
- Revocation of bail — The court could revoke the bail, and the defendant will be taken into custody.
- Issuance of an arrest warrant — The court could issue a warrant for the defendant's arrest.
- Forfeiture of bail — The court could forfeit the bail, meaning that the court will keep the bail money or property posted as collateral. This includes the South El Monte bail bonds.
- Additional charges — The defendant could face further criminal charges for failing to appear. A conviction will result in additional fines or even more time in jail.
- Difficulty in obtaining bail in the future — If the defendant is taken into custody on a warrant, it will be harder for them to post bail again as the court could consider them a flight risk.
- Impact on the case — Failure to appear can also affect the defendant's case. The judge could rule against the defendant in their absence.
Note: Bail bondsmen also have the right to revoke the bond if the defendant fails to appear in court and could hire a bounty hunter to locate and return the defendant to custody.
Note: Failure to appear for a scheduled court appearance after being released on bail is a serious matter. It can result in additional charges, revocation of bail, arrest warrants, and other consequences.
How Bail Bondsmen Enforce An Arrest Warrant
When a defendant fails to appear for a scheduled court appearance after being released on bail, a bail bondsman could take steps to locate and return the defendant to custody. This is known as enforcing an arrest warrant.
Enforcing an arrest warrant typically begins when the court notifies the bail bondsman that the defendant has failed to appear. The bail bondsman will then start to investigate the defendant's whereabouts. The bondsmen will check the defendant's last known address, contact friends and family members, and conduct surveillance, all actions aiming at locating and apprehending the defendant.
Once the bail bondsman locates the defendant, they will typically contact them and convince them to turn themselves in voluntarily. If the defendant is unwilling to turn themselves in, the bail bondsman could use necessary and legal force to take the defendant into custody.
In some cases, bail bondsmen work with law enforcement to locate and arrest the defendant. This is known as a "surrender," and it allows the defendant to turn themselves into the police or the bail bondsmen with the help of an attorney.
In conclusion, when a defendant fails to appear for a scheduled court appearance, bail bondsmen take steps to locate and return the defendant to custody. However, they have different authority than law enforcement and must follow specific rules and regulations.
South El Monte Jail and Courthouse Information
El Monte Jail
Los Angeles County Sheriff's Temple Station
El Monte Courthouse
Find a Reliable South El Monte Bail Bondsman Near Me
Remaining in custody is stressful. Additionally, it is limiting since you do not spend time with your family, go to work, and not prepare for your case. This is the reason why securing your pretrial release is critical. Bail Bonds Company offers South El Monte bail bonds 24/7. Our team is made up of experienced bail bondsmen who are ready to bail you out immediately. Contact us at 323-579-1415 and allow us to begin bailing you out. Call us for more information.