If you have been arrested for a crime, then you could be experiencing a traumatic moment, mainly if you do not know what will happen to you next. Regardless of your alleged criminal activity, the police will book you and take you to jail, where you will remain until you post bail. Bail is the amount you should post with the court to secure your release as you await your trial. While you should ensure a prompt release, the bail cost can be high. Bail Bonds, a skilled Newbury Park bail bonds company, can pay your total bail cost and complete the process fast so that you only remain detained for a short time. All you need is to pay a premium of 10% of your bail.
How Bail and Newbury Park Bail Bonds Work in California
Bail is the money you or your loved one deposits in court to guarantee that you will appear for all future court hearings. After posting your bail, the court will release you from custody while you await your court hearing.
You can choose to post bail either in cash, use property bonds, or use a bail bond. The judge sets your bail amount based on your crime’s nature, criminal history, flight risk, and community ties.
Newbury Park bail bonds are security bought from bondsmen for about ten percent of your set bail amount. For instance, if the judge sets bail at $40,000, you or your loved ones should pay four thousand dollars to secure the bond. Some bondsmen offer discounts and flexible payment plans. Before posting your bail, the bondsman might require collateral or a cosigner.
The judge can also release you on your own recognizance (O.R.). When granting the O.R., the defendant pledges to attend the court hearing, and they will not pay any bail amount.
You can request the judge to release you on O.R. during your arraignment (the initial court hearing after your arrest). Typically, eligible people have strong community ties and are less likely to be fugitives. Possible arguments you can present before the judge in your favor include the following:
- Having children, spouse, parents, and other family members living in your community.
- Having resided in your community for an extended duration.
- Being employed.
- Running a business in your community.
If you fail to attend court when required, the court will forfeit your bail amount. Nevertheless, the judge can reinstate the bail if you have a legitimate and valid reason for your absence, like a medical emergency.
After the criminal case is concluded and you have met your bail requirements, your bondsman should release and remove any liens and security against your asset. Regardless of the outcome of your case, your bondsman will not refund your premium.
If you fail to appear in court after using bail bond service, the bondsman will try to locate you and return you to jail. The company will use all means possible to find you, including bounty hunters. Otherwise, it will pay the entire bail money to the court.
Where Does Bail Money Go?
When the defendant, their cosigner, or Newbury Park bail bonds post bail, the amount goes towards the court’s set amount. A government authority or the court typically holds and manages the money in a special account until the criminal case is closed.
Your bail money is not designed to be a penalty but to ensure your return to court. If you cannot raise your bail, you can apply for a bail court hearing and request the court release you on your own recognizance or reduce the bail amount.
Once the judge closes your criminal case, the court will refund the bail amount to the entity or individual who paid it. Typically, the refund process takes between six and twelve months.
What Occurs After the Court Finds You Guilty of Your Alleged Criminal Activity?
The court will refund the bail amount to the individual who posted it, provided you comply with your release conditions. Sometimes, the court could use the bail amount to pay court fines.
Your bondsman will not repay the premium, regardless of the case outcome.
Where Does Bail Funds Go Once the Court Drops Your Criminal Charges?
Even after the court drops your criminal charges, you might not receive your bail money immediately.
Numerous factors can affect where the bail money will go. Some jurisdictions use it to pay fines, victim restitution, and court fees. Even when not required by law, it could be an element in your release agreement.
Mistakes You Can Make as a Parent While Bailing Your Child Out
Being informed that the police have arrested your minor can be an unsettling and devastating experience. Emotions can escalate, leading to clouded judgment.
Upon discovering your minor’s arrest, the need to act fast and secure their release from police custody could be overwhelming. Nonetheless, rushing into posting bail without thinking things through could have severe implications. Here is why you should first assess the situation before making the decision:
- Financial burden— Sometimes, the bail amounts are high, and rushing to post bail immediately can strain finances. You might be required to obtain loans, empty your savings, or dispose of your assets to pay the cost of bail. The resulting financial strain could have long-lasting consequences.
- Overlooking underlying issues — Posting your child’s bail without dealing with any underlying issue that resulted in your minor’s legal trouble can be devastating. Overlooking these serious issues can cause future problems.
- Insufficient Information — Collect all the relevant information regarding your minor’s legal situation before undertaking any financial commitments. It includes familiarizing yourself with the charges, their bail amount, and the potential legal ramifications.
- Hindered defense — Sometimes rushing to post your child’s bail could complicate their legal defense and strategies. You should consult a lawyer who will assist in protecting your minor’s constitutional rights while ensuring you take the most appropriate legal action. Your attorney will also help you better understand your minor’s legal options and the ramifications of their conduct if the court finds them guilty.
- No assurance of return—Even if you pay the full bail amount, you are not assured that your minor will attend all court proceedings or adhere to the release terms. If they do not appear, the California judge will forfeit the whole amount, leading to financial loss.
Moreover, before posting your minor child’s bail, you should:
- Maintain open communication — Have an open and honest conversation with your minor regarding their legal situation and their accountability for their conduct.
- Explore alternatives — You can consider alternative release options like California pre-trial diversion or supervised release.
- Explore counseling and therapy for your minor.
- Spending quality time thinking rationally and calmly will permit you to make wise decisions in your family’s and baby’s best interests.
- Avoid enabling the behavior — Posting your child’s bail without holding them accountable for their actions could send the wrong message. It could foster a feeling of entitlement and encourage them to repeat their mistakes, mainly if they believe you will always bail them out without any reservations.
What Occurs If You Fail to Check In with Your Newbury Park Bail Bonds Company
Obtaining a bond is essential to restoring your sense of normality. Nevertheless, anyone could make certain errors, but missing bail bond check-in could have severe ramifications. You should comply with your bondsman after securing your bond.
Legal Ramification of Forgetting to Check In with Your Bondsman
The potential consequences could be serious if you check in with the bondsman. They include the following:
- Bond forfeiture—Forgetting to fulfill your bond check-in directives could result in bond forfeiture and the loss of cash or collateral you used to obtain your release.
- Issuance of an arrest warrant—An arrest warrant authorizes the police to detain and present you before a judge.
- Higher bail amounts — Judges can perceive bail bond non-compliance as a severe offense; therefore, you could be penalized heavily. If you request bail a second time, they can set a higher bail amount, causing further financial burden.
- More legal ramifications—If you fail to honor the bail bond requirements, the bondsman has the legal right to cancel your bail and return you to jail. Not paying your bond premium fee or jumping could also lead to additional criminal and civil repercussions.
Things To Expect After Failing to Adhere to Your Newbury Park Bail Bonds Check-In Requirements (Skipping)
The repercussions of non-compliance with your Newbury Park bail bonds check-in include:
- Execution of your arrest warrant—Violating your bail conditions can result in the judge issuing your arrest warrant, allowing the police to apprehend you.
- Financial loss—Bail forfeiture could lead to significant financial loss. Non-compliance with bond premiums could also hurt your creditworthiness, negatively impacting your chances of securing loans in the future.
- Potential bail revocation— A court could cancel your bail, resulting in a new bail proceeding. If you are denied bail, you will be held in custody pending your court date.
- Complex legal proceedings — Missing bond check-ins can alter the judge’s opinion of your dedication to the California legal procedure and might lead to new charges.
What to Do After Missing Your Bail Bonds Check-in
If you skip paying your bond check-in, it is crucial to take immediate action to lessen the consequences.
Some recommended mitigating measures include:
- Consult your bondsman if you are experiencing challenges with making a bond check-in. Most bond agencies can partner with you to develop a suitable solution/plan. The solution could involve altering your payment schedule or bond agreement terms.
- Maintain honesty and openness—When consulting your bond agency, it is crucial to be transparent when explaining why you missed the check-ins. You should offer the necessary evidence to back up your current financial position. For instance, if you are experiencing financial difficulties, you should present bank statements as proof to the bond company that you are trying your best to comply and be truthful.
- Inform your bail bond agency if you will miss a court date — To avoid the consequences of missing a court hearing, you should inform your bondsman immediately if you cannot appear for your court hearing.
- Look for other payment solutions—If you are ignoring checking in with your bondsman because you feel you cannot keep up with your repayment plan, it is essential to address the issue with your bondsman and request alternative repayment options.
- Act quickly — If you want to reduce the legal risks, act promptly.
How to Remove Bail Bond Liens on Your Property
A bail bond lien is the legal claim a bondsman places on properties used as their collateral. It occurs when the accused person cannot afford the full bail and seeks a bondsman to bail them out.
The lien serves as a guarantee for the bondsman in two (2) scenarios, namely:
- When the suspect skips bail, the bondsman should pay the entire bail amount.
- Serves as a guarantee of payment for the services offered.
Please note that bail bond liens differ from property bonds. Defendants use property bonds to cover their bail amount, while bondmen use bail bond liens to pay for a defendant’s bail when a need arises.
A bail bonds lien can have negative implications for you and your claim of asset ownership, including the following:
- Limitations on your property rights — While your lien is effective, you will be limited in transferring, refinancing, and selling your assets.
- Negative effect on credit score — Failure to handle the lien quickly can adversely affect your credit score. It can also make it challenging to acquire mortgages and loans in the future.
- Potential asset loss — Failing to address your lien can lead to legal action, like the sale and foreclosure of your asset to meet your bail bonds responsibility.
The Process of Removing the Lien
After the court proceeding and you have received full reconveyance, your Newbury Park bail bonds company should remove the bonds lien on your asset upon receiving payment for its services. Nevertheless, the procedure is not straightforward, and here is the process:
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Collect the Relevant Documents
You need four documents to remove the bail bonds lien from your asset. They include the following:
- Deed of trust — Your financial agreement with your bondsman.
- Full conveyance — The document the court issues to the accused after complying with the court obligations, including showing up in court. It serves as proof the court has not forfeited your bail amount.
- Property deed that proves you own the asset.
- Receipts proving you paid your bail bond premium.
These documents establish that you followed due diligence and should present them to your bondsman to lift your lien.
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Verifying Lien Adherence
Ensure your bondsman follows the rules when issuing your property lien. You can achieve this by hiring an attorney to analyze your lien.
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Contacting Your Bondsman
You should contact your bondsman if they have not removed the lien despite satisfying all the relevant requirements and criteria. If the bondsman is encountering challenges, proceed to the next stage.
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Bring your Petition to Revoke an Incorrect Lien
Hire a skilled lawyer and include every relevant document in the petition letter.
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Attend Your Court Hearing
After granting the motion, the judge will schedule a court hearing. Ensure you attend the hearing and have evidence to support your lien lifting.
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Record Your Court Order
Ensure the relevant government agency records your court order in real estate records.
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Confirm the Lien Removal
You should verify with your county recorder's office that the bondsman has removed your lien from the asset’s records.
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Notifying Credit Authorities
Finally, alert credit authorities to make changes to your credit score.
Knowing and Overcoming Potential Challenges
You can experience a challenge when your bondsman faces challenges removing your property lien. It occurs when there exists a procedural mistake or legal status change, like when you file a bankruptcy case. Your legal counsel can guide you on the most appropriate steps, mainly after meeting your requirements and offering the title firm the relevant documents.
If the process goes to court, the legal proceedings and the cost of hiring a lawyer can be expensive. Discussing the lawyer’s fees early and understanding the costs before initiating the legal process is essential.
Best and Prevention Practices
You can take measures to prevent a Newbury Park bail bonds company from placing a lien on your asset. They include the following:
- Attending all your court proceedings.
- Paying your Newbury Park bail bonds company’s premium (You can consider having a flexible payment plan with your company to cover the fees).
- Finally, ensure you understand California’s laws regarding liens and bail bonds.
Jail, Courthouse, and Police Department Contact Information
Ventura County Sheriff's Department
2101 E Olsen Rd
Thousand Oaks, CA 91360
Ventura County Jail
2101 E Olsen Rd
Thousand Oaks, CA 91360
The Superior Court of California - County of Ventura
800 S Victoria Avenue
Ventura, CA 93009
Contact a Renowned and Knowledgeable Bondsman Near Me
Being arrested for a crime is stressful, and you might be looking for a person to turn to, especially if you cannot afford to pay the full bail. At Bail Bonds, we understand that time is of the essence and can enable you to pay a portion of your bail while we cover the rest, facilitating your prompt release. If you cannot raise your premium amount, we can offer flexible payment plans and advise you about your situation. Please contact our office at 323-579-1415; our knowledgeable and friendly Newbury Park bail bonds team is standing by 24/7 to help you return home before enduring time in jail.
