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California has strict laws regarding bail bonds and the process for releasing detainees. Bail bonds are used in California to ensure that innocent people will not stay incarcerated for long periods if they cannot afford the bail set by the courts. This allows the person being accused of a crime the chance to work, earn money, and appear for their next court appearance.
What Is a Bail Bond?
A bail bond is used to pay the balance of a person’s bail. Two types of bonds are used to ensure one will appear in court: a surety bond, which puts up real property or cash as collateral, and a cash deposit. Surety bonds require more collateral and are more expensive than a cash deposit. The state’s Department of Insurance regulates both types of bonds, but their legal requirements vary by county. The bail bond office works with the court, arresting agency, and bail agent to help the detainee escape jail. The bail bond office is located in the county where the crime occurred. Here is everything you need to know about bail bonds in California.
1. Who Can Apply for a Bail Bond in California?
Anyone who can pay their bail can apply for the services of a bail bond agent. The defendant or their family member generally hires a bail bond agent to work on their behalf. The defendant will also provide financial information and identification, such as a driver’s license or credit card number, to be seen by the agent before being set at liberty.
2. How Much Does it Cost?
The cost of a bail bond varies depending on the amount of money you have available. Some agents will have a set price for certain bail amounts, while others give each case a thorough assessment to determine the cost. You can pay less money if you have collateral or credit to purchase a bond. Usually, the cost is 10-15% of the bail amount.
The agent has to pay about 10 percent of the costs of bail, including filing fees and other expenses, to get your loved one out of jail. In California, the state’s bail bond law does not prohibit you from paying a portion of the agent’s fee in non-monetary ways. For example, you can sign over your car or property as collateral for your loved one’s bond. This is referred to as “collateral bail.” If you are using collateral, keep in mind that you will have to put any collateral on the bond yourself if it is breached or your loved one absconds (fails to appear) at their next court date.
To release your loved one from jail, you’ll need to know who is responsible for paying the bail bond. It could be you, a friend, or a family member who can act on your behalf. For instance, you would want to contact the Santa Ana bail bonds office if you need help getting a family member or friend out of jail. Sometimes these places only charge someone if they are let out of jail. If the defendant does not have money when released from jail, the court will not release them. You will still be responsible for paying the bail bond even if they were only held for traffic violations.
3. What Happens if the Defendant Breaches their Bail?
If the defendant is released from jail on bail and fails to appear at their next court date, the bail agent must contact a bounty hunter to locate them. Bounty hunters are professionals who track down fugitives and take them back into custody. They always catch their prey because bounty hunters are not paid until they have delivered the defendant to the court. If you have questions about how a bail bond works in California, contact an experienced agent today.
4. What Happens if the Defendant Fails to Appear for Court?
The bail bond agent will usually contact a bail bond lawyer if the defendant fails to appear at their next court date. A bail bond attorney is an attorney who specializes in representing defendants who fail to appear for their trial or have breached their bail. The lawyer will work with you throughout this period and try to get your loved one released from jail. If you have concerns about how a bail bond works in California, contact an experienced agent today.
5. What Happens if the Defendant Breaks their Bail?
If the defendant breaches their bail, the bail agency must file a lawsuit with the court. The court will issue a warrant for the defendant’s arrest and notify local law enforcement. When law enforcement finds that defendant and takes them into custody, it will give the bail agent ten days to return them to jail. If the defendant remains in the bail agent’s custody after ten days, the bail bond will be forfeited (taken by law enforcement).
6. What Happens if the Defendant Leaves the County?
Suppose the defendant tries to leave their county and does not have a valid California driver’s license or identification. In that case, they can be arrested for violating their probation, leading to jail time of up to one year. If you have questions about how a bail bond works in California, contact an experienced agent today.
Conclusion
A bail bond ensures that you or a loved one will always appear in court if you are held for a crime. It is important to know that releasing any defendant without posting bail or getting a court order is illegal. You can contact a bail bond agent today to help your loved one.
