It can be a challenging experience to be arrested. Following your detention in police custody, your first concern is to figure out how to get out. Most offenses in California demand that you post bail before being released from custody. This can be difficult especially if you have financial difficulties. Luckily, you can easily post bail with the help of a bail bonds agency. We at Bail Bonds are one of the trusted Westminster bail bond agencies that can help you or your loved one post bail as soon as possible, so get in touch so that we can help you.
Understanding Bail Bonds Services
Bail is a payment made to a court when you have been arrested to be released before your trial. When you or your loved one gets locked up in California, for instance, you have to stay in prison until your trial. California law, however, enables defendants to make bail and then be freed before their trial. Following your detention, a court hearing will be held before the court to decide the amount needed to ensure your release.
When you are unable to obtain the necessary funds to make bail for a dear one, hiring a bail bonds agency is the best option. You could easily obtain the required bail sum for you or a loved one to be released when you have the support of a competent bail bonds agency. The lesser the bail, the lesser the service charge you are needed to post to the bail bond agency.
If you opt to enlist the services of a bail bond firm, they will give you an estimate of how much it will cost to get you out of jail. You shall then be responsible for paying at least 10 percent of the overall bail as your service charge. Additionally, the bail bond firm may require you to offer collateral to insure the money used to pay for your or your loved one's bail.
Westminster Arrest and Booking Process
When a person is arrested by the police, they are usually brought to the Westminster Police Department. Regrettably, bail bonds cannot be posted at this department. Instead, all detainees have their fingerprints and pictures recorded before being transported to the Orange County Main Jail in Santa Ana.
The transfer may take anywhere between 10 minutes to a few hours following the arrest, based on a range of variables like:
- How many people are waiting to be moved from prison?
- Presently available police transit vehicles
- The charges that led to the detainee's arrest
- If the detention was conducted based on a recently authorized warrant or a situation requiring further investigation
It takes at least six to twelve hours for a detainee to be booked and processed in the Orange County Jail Facility. The prisoner will be categorized upon booking based on the offense he or she is accused of committing.
Which jail cell the prisoner is placed in depends on whether the offense was committed under the penal, automobile, safety and health, or commercial codes. According to the bail schedules in Orange County, the severity of the purported offense will also influence the amount of bond posted.
The detainee will have their fingerprints recorded once again once bail has been set. Livescan equipment will be used to compare his fingerprints to the Department Of Justice's national registry. Should any active warrants, bail holds, or aliases be found, you will not be allowed to post bail. A bail hold is a directive granted by the law enforcement, court, or probation or parole officer denying bail till the accused has appeared in court at least once.
However, when no bail holds or any other disqualifiers exist, the detainee's fingerprints shall be "cleared," then bail may be made at the cashier's office in Orange County Jail. After the bail has been made, it will most likely take another six to twelve hours to completely finalize.
How Bail Is Set in Westminster
After your detention, you should have a bail hearing in approximately 24 to 48 hours. This hearing will be conducted by live video stream, with a judge reviewing the details of your matter to decide whether or not you can be released on bail and, if that's so, how much the total bail amount should be.
You could be released on your “own recognizance" if the court believes the offense was minor, you are not at risk of flight, or if you have no previous arrests. This indicates that the judge has chosen to believe that you would not attempt to escape if you are not forced to appear in court on bail. However, for serious offenses, the California government has established bail schedules that the court must observe. For certain offenses, this schedule contains stringent requirements.
You ought to be informed that your estimated risk of flight, or the likelihood that you would flee and attempt to escape the police, plays a significant role in the amount of bail that is set for you. The following are key factors that the court considers when evaluating flight risk:
- If you're a local or reside in that region
- If you work in the region or not
- If your family members live in the same town as you
- If you have a history of breaking the law in the past
This bail amount is usually a refundable amount paid to the court as an incentive to show that the offender will show up for all future court appearances. After your bond is established, you must post it for you to be released from custody and return home. However, posting the bail might appear to be a near-impossible task. Many people live paycheck to paycheck and don't have a lot of extra cash. Fortunately, if you contact a bail bond agency, they could post your bail, and you'll be out of prison and return home within 24 - 48 hours.
Since bail bond processes in Orange County, as well as California, are subject to change, it is usually advisable to contact the court or jail immediately after a detainee has been processed into police custody.
If you are bailing your loved one out of custody, you may ask the following questions of the court or jail or representative:
- Is there a chance that the defendant will be released on bail?
- What will the bail amount be?
- What is the best way for me to pay for it?
- Is there any day or hour of the day when I won't be able to post bail?
- What payment options are acceptable? Cash? Do they allow Money Order? Do they allow credit card payments? What are the different kinds of credit cards allowed?
- Is it necessary for me to hire a bail bond agent?
If you believe the bail set is too expensive and want it lowered, hire an attorney or the accused's public defender then ask them to assess what they might do to lower the bail amount.
Posting Bail for a Defendant Using Cash
The first alternative is to pay the entire bail sum in cash, money order, cashier's check, which is known as cash bail. Personal checks are usually not allowed. This sum may range from or more than $100 - $75,000, based on the offense.
Paying a cash bond may be done at the jail or perhaps the court in which the bail proceeding was held. Going straight to the prison will expedite the accused's release since any bail documentation that is completed at the court must be forwarded to the jail. Money orders and cashier's checks should be made payable to the Sheriff's office in Orange County or the Orange County Court.
Posting a Surety or Private Bond
A private bond, also known as a surety bond, is used when an accused doesn't have the entire bond sum obtainable to him/her. It's an arrangement with a bail agency or bondsman to pay the entire sum of bail. In exchange, the offender or his or her cosigner pays the bail agency a premium. This fee is usually between 10% and 15% of the total bail sum. For instance, if bail is set at $5,000, the fee will be between $500 and $750.
A bail agent will often request collateral, such as liens on properties, a vehicle, or jewelry. It is to guarantee that when the offender fails to show up in court or escapes, the bail agency gets compensated for the entire bail sum paid. Keep in mind that by signing a bail arrangement with a bail agency, you commit to paying the entire bond sum if the offender fails to show up in court.
Posting a Property Bond
You could be eligible to pay a property bond when you own property in Orange County. A person's land in Orange County could be utilized as payment when bailing someone out of custody. To make that happen, every one of the property's proprietors should be available to sign.
You could also contact your local bail bond agency or your defense lawyer to see whether assets that are not within Orange County could be utilized as collateral.
Frequently Asked Questions on Westminster Bail Bonds
Bail matters can be complex and difficult to navigate, particularly if your financial situation prevents you from paying cash bail. You can call a competent bail bond agency when you choose to obtain bail bond assistance. The following are some of the most commonly asked questions regarding bail bonds:
Who Can Post Bail for a Defendant in Jail?
Bail may be posted by anyone above 18 years who has a legitimate government-issued photo ID. A photo driving license, motor vehicle authorized ID, or passport are all acceptable forms of identification.
If the accused has the financial means, they may often make their cash bail from prison. Also, a third party, usually a state-registered bail bond company, arranges Surety Bonds. However, only a legal guardian or a parent has the authority to bail a minor out of jail.
How is the Bail Amount Determined?
A court would usually set a larger bail for more severe offenses and a lesser amount for lesser crimes as a rule of thumb. Other considerations may also include the following:
- The type and gravity of the offense
- Prior convictions on the accused's record
- The accused's previous court appearances after being released on bail
- Relationships between the defendant and his or her family
- The work history of the accused
- Financial ability of the accused
- Conduct and the state of mind of the accused
- The accused's connections to the community
When Will I Receive the Cash Bail Or Collateral?
Cash or security can not be refunded until the accused's court case is completed, which could be months or even years based on the seriousness of the accusations. If an offender makes his/her bail, the Court has the right to keep any fines or costs that have accrued during the trial.
If the Defendant Misses Court, What Happens to My Bail Money Or Collateral?
The Court will issue an arrest warrant for the offender's arrest for failing to appear, or it may issue a Bail Commissioner Letter, which will be delivered to the individual stating a rescheduled court date. If the bail amount was paid in cash, the whole sum could be forfeited.
Westminster Jail and Courthouse Information
Upon your detention, you will most likely be taken to the:
Westminster Police Department
You'll be processed here and detained till the bail hearing is conducted. If the Westminster Police Department is overcrowded, you will be transported to the:
Orange County Central Men's Jail
Women's Central Jail
You will then be required to appear in all court hearings after you have been released on bond. Your court hearing will most likely take place at the:
West Justice Center
Find a Bail Bonds Agent Near Me
We acknowledge that you have a lot of choices when looking for a bail bond service in Westminster, CA. However, at Bail Bonds, we work hard to be the best in the industry and we serve each customer with the greatest respect. Our bail bond services are quick, easy, and affordable. Call us at 323-579-1415 right now for bail bond concerns or to schedule a consultation with our agents.