One of the most discussed topics related to crimes revolves around people getting released on bail. What does the term bail mean, and are there any differences or similarities between bail and bail bond? Our Bail Bonds company offers different kinds of bail bonds, and this article is an informational review of Rancho Cucamonga bail bonds.
The Arrest and Booking Process
Following an arrest for allegedly committing a criminal offense, the arresting officer will take you into police custody and have you booked/processed. In the booking process, a police officer will record your identifying information (which includes name, birth date, and physical characteristics). The process will also involve an officer recording details about the alleged offense, your photographs, and fingerprints.
Law enforcement officers use the booking process to check a defendant's criminal background. They also search the suspect and take away any personal items before sending the individual to a local jail or holding cell. If you allegedly committed a minor crime, the officer will issue you a written citation (asking you to appear in court at a given date) and release you. Your case will go through the bail process if the alleged crime does not require a written citation and an early release.
What is Arraignment?
Arraignment, which involves the reading of formal charges to a defendant, comes after the booking process. During this phase of your criminal case, you will get the chance to arrange for your potential release from jail. The main concern police officers have is whether you will appear in court in the future.
Your circumstances may allow the officers to release you on your own recognizance (OR). An OR release means that you will be promising (in writing) to show up in court at a later date. A judge can only grant you an OR release after considering the severity of the alleged crime and your criminal background. The judge will also assess whether you pose any danger to your community and the ties you have with your community. Failing to make a court appearance after an OR release will result in the judge issuing a warrant for your arrest.
What Does Bail Mean?
In particular situations, a written promise or an OR release is not a sure guarantee for a defendant to appear in court. Bail comes handy when the court wants a financial guarantee of your future appearance in court. You will need to pay a given amount of money to facilitate your or your loved one's immediate release from police custody.
Bail is a sum of money meant to act as insurance between a defendant (a person facing a criminal charge) and the court. Though courts allow defendants to pay bail in cash, most of them are unable to do so. Bail can be set high making it difficult for a person who is not financially stable to afford. In this kind of a situation, a bail bondsman can post bail for the defendant after reaching a certain agreement.
As a defendant, you will have to post the full bail amount or a specified percentage of the amount with the court. The court allows cash bail to be posted in cash or in the form of approved cash substitutes such as a cashier's check or money order. The court will issue an order/document confirming your release once you post the bail amount.
Is There a Need for Bail Proceedings?
Also known as bail hearings, bail proceedings help the court decide whether to grant or deny you bail when facing a criminal charge. The proceedings also help the judge to set an appropriate amount by considering your financial resources and your family/community ties. Your criminal history (if any), length of your residence in a particular community, your prior court appearances, and physical/mental condition will also be considered. Having a history relating to alcohol or drug abuse may affect your chances of getting bail.
A court may impose various restrictions on your release while determining your bail amount. The restrictions may include enforcing a curfew, limiting your travel and revoking your privileges to gun ownership. The court may also require you to undergo medical, psychological, alcohol, or drug testing or treatment.
What Does Bail Bond Mean?
A bail bond is a form of surety bond offered to defendants by surety bond companies though a bail bondsman. The money helps secure the release of the jailed individual. Rancho Cucamonga bail bonds can either be civil or criminal or civil bail bonds. Civil bail bonds help guarantee the payment of debts and the related costs of a civil court. Criminal bail bonds, on the other hand, help guarantee that a defendant will show up in a trial court.
How Bail Bonds Work
The first procedure in the bail process involves a judge setting a specific bail amount. As a defendant, you will get the freedom to choose between paying cash bail or finding a bail bondsman to secure your release from jail. The bail bondsman will require you to pay a 10 percent fraction of the bail amount to post bail on your behalf. Collateral provided by you to the bail bondsman helps secure the rest of your bail amount.
If you do not have collateral to secure Rancho Cucamonga bail bonds, you can approach friends and relatives to help you. Examples of collateral used to secure bonds include jewelry, title deeds, and cars. The bail bondsman will let you know if there are other hidden fees for the service.
The events that take place after the bail bondsman posts your bail will depend on your circumstances. Expect the bond to be forfeited and the court to demand your bail bondsman to pay the remaining 90 percent of the amount in full. When this situation happens, the provider will sell or convert your collateral to cash and use it to pay the remaining bail amount.
If you decide to appear in court as requested, there will not be a need for forfeiting the bail bond. You will receive your collateral and have the bail bond dissolved once the proceedings of your case come to an end. The bail bondsman will still keep the 10 percent fee (premium) as profit.
Who are Bail Bondsmen?
Bail bondsmen work with surety companies to help individuals who are allegedly facing criminal charges from jail. They ensure defendants get out of jail as they await trial. State laws govern the operation of a bail bondsman to prevent them from charging excessive premiums or setting extremely harsh conditions for their clients.
With their target clients being defendants, a bail bondsman advertises their services just like other practitioners in the lending industry. They serve both low and high-profile clients looking to get out of jail before their trials begin. Bail bondsmen have different conditions for their services, and several options suiting their customers' needs.
As the facilitators of bail bond services, bail bondsmen earn money from the cost of a bond. They withhold the 10 percent paid by clients as a fee for processing Rancho Cucamonga bail bonds. For instance, if a judge sets your bail amount to $20,000, you will have to pay a premium of $2,000 to access a bail bond service. You will also have to surrender a form of collateral, which may include items such as jewelry or title deeds.
Getting a Bail Bond
Surety bond companies are usually liable for the full bond penalties when their clients fail to show up in court. Due to the risks in this type of business, these companies are strict when selecting and working with clients. Finding a bail bond service in your area of residence may be challenging due to this fact. You should understand both the benefits and risks of seeking Rancho Cucamonga bail bonds before signing up for any of them.
For instance, if you want to get a bail bond for your loved one, expect the service provider to evaluate your financial situation. The company will also evaluate your loved one's case and personal life to determine whether he/she is a high-risk client before giving you the bond. You may cosign for a defendant or act as an indemnitor in the process since getting approved for a bail bond is not easy.
How Bail Bondsmen Trace Clients Who Skip Court
Defendants who skip court appearances put their bail bondsmen at risk of paying bond penalties. Bail bondsmen, on the other hand, work with professional bail enforcement agents to find and apprehend such clients. Also known as bounty hunters, bail enforcement have special training and experience in locating and apprehending fugitives. If the bounty hunters cannot track you down, the bail bondsman will seize the collateral used to secure your bond.
Find a Professional Bail Bondsman Near Me
The bail process gives hope to defendants locked in jail while they are awaiting trial for their alleged criminal charges. Our bail bond company serves residents of Rancho Cucamonga looking to bail themselves or their loved ones out of jail. We offer people a chance to be with their loved ones as they prepare for their future court appearances. Call us at 323-579-1415 for requests or further inquiries about our bail bond services.