Arrests are unexpected and unpleasant occurrences. When a police officer arrests you for committing a crime, you will be booked into a jail cell to wait for your trial. California is flooded with criminal cases. Therefore, your case may take a while to go to court. Sitting behind bars with a pending criminal case is traumatizing, takes away your time with your family, and can negatively affect your work. Fortunately, you can buy your release with a pending case by posting bail. Bail is the monetary commitment you make with the court to assure them that you will not flee.
Although most defendants are entitled to bail, most people lack the resources necessary to secure this release. If you or your loved one is stuck in jail after the judge sets bail, you can seek bail bond services. With a bail bond, the bail bond company handles all aspects of the bail process, including the actual payment. At The Bail Bonds Company, we understand the devastation of seeing your loved one or friend rot in jail. Our Whittier Bail Bonds Agents are available to guide the defendant and ensure a fast release.
Bail in California
Bail is a written agreement you make with a court to secure a temporary release. The bail money assures the court that you will show up after release for all the court proceedings and trials. Bail amounts vary depending on the offense you are charged with and other factors in your case. The judge sets your bail at the first court appearance while relying on the bail schedules.
A bail schedule is a list indicating different crimes and the recommended bail amounts for each offense. Often, bail amounts are higher for felony offenses than for misdemeanors. If you face charges for multiple crimes, the court will begin your bail hearing with the highest amount of bail applicable for the crimes. The court will adjust the amount on the bail schedule by considering the following factors:
- The severity of your offense. The criminal court judge can increase your bail amount depending on the seriousness of your criminal charges. For example, the bail schedules indicate the exact bail amount needed for a robbery charge. However, your bail amount could be higher if the judge determines that you committed robbery with violence or caused injuries to another person during the crime.
- Flight risk. The sole purpose of posting bail is to assure the court that you will appear for the trial. Therefore, the judge will consider your likelihood of flight when setting your bail amount. A defendant without a stable job or strong community ties is considered a flight risk and may be required to post a higher bail amount.
- Community safety. If you are a risk to the protection of other people on release with a pending trial, the court can set a high bail amount or hold you without bail.
- Income and resources. A judge may consider your income and resources when adjusting your bail amount from the one on the bail schedule. A defendant with a high income and more resources may have no reservations about skipping bail since the amount lost in bail forfeiture is insignificant.
During your bail hearing, you have the legal obligation to prove to the court that you are not a flight risk. Additionally, you can take along documents that will prove to the court that you have strong community ties that will keep you around as you await your trial.
Types of Bail in California
There are several types of bail that you can use to secure the release of your loved one from jail pending their criminal trial in California, including:
Own Recognizance Release
Bail is the amount you need to pay to buy a defendant’s release. However, not all defendants will require a monetary commitment to secure a release after an arrest. A release on own recognizance is a written promise in which a defendant promises to return to court for trial and avoid engaging in criminal activity. The judge has the discretion to release you on recognizance or bail. However, some of the factors in your case that could cause the judge to release you on own recognizance include:
- Being a first-time offender
- Facing charges for a minor offense
- Having no history of violent crimes
In addition to considering these factors, the communities rely on recognizance officers who check your background and help the judge decide on OR release. A release on recognizance does not mean you can do whatever you want while waiting for your court proceedings. The judge attached various conditions, including the requirement to regularly check in with your supervising officer and stay away orders.
Your interactions with law enforcement officers determine where you end up after your arrest. Release on citation is a way for officers to deal with low-level crimes. Under normal circumstances, a police officer will arrest you and book you into a jail cell. However, in cases where the officer does not take you to the police station, they will release you with a warning and a notice to come back to court on a particular date. You will not end up in jail if you commit minor offenses like a traffic violation.
When you have the total amount required to post bail, you can present the cash or check to the court clerk to secure a release. Paying bail in money is the easiest and fastest way to ensure your loved one does not spend unnecessary time behind bars. Some advantages that come with posting cash bail include:
- No third parties were involved in posting the bail money
- No extra fees. Unlike a bail bond, where you pay a service fee to the bail bondsman, cash bail only requires you to pay the amount set by the judge.
However, cash bail is not always convenient for everyone. The following are some disadvantages of posting cash bail:
- You need the total bail amount to secure a release through cash bail. To ensure your loved one’s release on cash bail, you must pay the total amount before your loved one can walk free.
- The court refunds your bail money in check instead of cash. Therefore, you will have to wait a while before accessing the amount you paid as bail.
- Failure to go to court causes you to lose the entire bail amount. The court forfeits the bail for violating the bail conditions or failing to appear at court proceedings.
- Financial scrutiny. When you post a cash bail of more than $10,000, the court will inform the court, which then carries out a financial investigation to determine the source of your funds. This delays the bail process and causes your loved one to spend more time in jail.
California law allows you to post bail using your property when you lack enough money to pay your bail in cash. When you post a property bond for a loved one, you pledge the property’s actual value to the court to guarantee that you will follow up with your court proceedings. In California, the court will only allow the use of a property as a bond if the property value exceeds 150% of the total bail amount. When paying your bond in property equity, the court will set up a hearing where the court accepts or rejects the property bond.
At a property bond hearing, you must present the following documentation:
- Original or certified copy of the property deed. If you have acquired the property recently, you will need to present the previous owner's grant deed or death certificate.
- Persons whose names appear on a property deed must appear at the property bond hearing.
- History of property liens
- Current property appraisals. Property appraisals are necessary for the determination of the current property value.
- Balance of all loans. If you have taken a loan using a specific property as collateral, you must show any balances on these loans.
You will lose the property if you post a property bond and the defendant fails to appeal during the trial. Therefore, before using your property to bail a loved one or friend from jail, you must ensure that they will show up as required by the court.
You will need a federal bond to secure your release if you are charged with a federal crime. A federal court judge sets the federal bond higher than required for defendants in state courts. In addition to setting a hearing for bail determination, the judge will set a hearing to determine the source of the bail funds. Due to the extreme scrutiny associated with posting a federal bail bond, most people opt to seek the services of a federal bonds agent.
Since federal bonds require more work and a more complicated process, the premium fees for these bonds are 15% of the original bail amount. When securing a defendant's release on bail from a federal jail, the judge attaches strict bail conditions, including:
- The requirement to retain employment throughout the time you are out on bail
- Avoid engagement in criminal activity
- Mandatory drug testing and counseling
- Travel restrictions are accomplished by confiscating your travel documents
An immigration bond is needed for individuals who face arrest for illegally being in the United States or committing crimes as illegal aliens. After an arrest, you will face detention at the Immigration and Customs Enforcement offices. To secure your release from ICE detention, you must post the bond. Depending on your intentions, you can pay for two main types of immigration bonds.
If you hope to remain in the United States, you can pay a delivery bond and battle your charges. On the other hand, individuals who want to leave the country voluntarily can be released on a voluntary departure bond. Like with criminal bonds, you will recover the total amount you paid for the bond when the immigration case ends, or you leave.
The use of a bail bond is the most common means of securing the release of a loved one from jail in California. A bail bond is an agreement between a defendant, a bail bond company, and the court. Through a Whittier bail bonds agent, the bond company will provide you with the total amount you need for the bail. The bail bond process begins when you face an arrest and criminal charges. When the judge sets your bail, and you do not have sufficient funds to post cash bail, you can contact your bail bond company.
The bail bond agent requires that you contact them with information, including:
- A defendant’s full name
- The jail where they are held
- The crimes with which the defendant is charged are
- The amount of bail set by the judge
With this information, the bail bondsman will investigate you and the defendant. The main aim of the investigation is to determine whether the defendant will appear in court after his release on bail bonds. Additionally, the bail bonds agency wants to ensure you can pay the bail bond premium. If a defendant is eligible for the bail bond, the bail bondsman will go to court and pay the bail money to secure the defendant's release.
The bail bonds company will charge you a 10% service fee in exchange for the bail bonds services. Unlike the bail money, refundable after the case ends, the bail bond premium is non-refundable. In addition to paying the premium fees, the bail bond company may require that you offer collateral for the bail bonds. A Whittier bonds company can accept collateral in the form of real estate property, vehicles, or other valuable property. However, you will need to prove that the property belongs to you or that you have equity in the property.
Benefits of Hiring a Whittier Bail Bonds Agent
Some of the benefits that you will accrue in posting a bail bond include:
- Faster release from jail. Most bail bondsmen have experience in working with local jails and courts. Therefore, they can quickly fill out the paperwork and ensure a faster release.
- Cheap bail. California courts are known for setting high bail amounts. Failure to post bail means that your friend or loved one will sit behind bars and await the outcome of their criminal case. With a bail bond, you are only responsible for not more than 10% of the total bail. Sometimes, the bail bond company may allow you to negotiate for a lower service fee.
- Ensure financial privacy. Posting a large bail amount in cash opens up doors of financial scrutiny. However, the courts have no issue when the bail bond agency pays large amounts.
Bail Bond Repayment Plan
Posting bail bonds means you are only responsible for 10% of the total bail. However, even the 10% may be challenging to pay, especially when the judge sets a high bail amount. However, a reliable Whittier bail bonds agent may offer you a repayment plan where you can cover the fee over some time. A repayment plan allows you to put in a deposit for the 10% premium, and the rest is paid in monthly installments.
The bail repayment plan could take the form of checks, credit cards, or wire transfers. Several factors may determine the amount you need to put up as a down payment, including:
- The total bail amount. The higher the bail amount, the more your premium. Therefore, you must give a higher down payment.
- Evidence that you can cover the entire bail amount
A credit score is a crucial part of securing bail bonds. Therefore, if you are in jail and have poor credit, you must ensure that your cosigner for the bail bond has a good credit score. Additionally, they must hold stable employment. This helps assure the bail bond company that the individual is reliable and will cover all the costs associated with posting the bail.
Ordinary jails in Whittier, CA:
Fred C.Nelles Youth Correctional Facility
Courts in Whittier, CA:
Find a Knowledgeable Bail Bonds Agent Near Me
In tough times, an arrest of a family member or loved one can take a toll on your financial life. In California, most defendants require bail to secure their release from jail. When a defendant is booked in a jail cell and the judge sets bail, you must pay it to assure the court of their return for various court proceedings. Most defendants and their families lack enough cash or property to post bail. Therefore, posting a bail bond becomes the cheapest and most convenient way to secure their release.
Through their Whittier bail bond agents, a bond company will post the total amount you need for the defendant for a 10% fee. This lowers your financial responsibility for the bail payment process. Ensuring a loved one’s release from jail is challenging. Therefore, the expertise of an experienced bail bond agent is vital. At the Bail Bonds Company, we will offer you the assistance you need to post bail for your loved one and ensure a smooth bail process. We serve clients seeking reliable bond services in Whittier, CA. Contact us at 323-579-1415.