At Bail Man Bail Bonds, we are committed to your interests and our honest communication will never lead you astray.
At Bail Man Bail Bonds, we are committed to your interests and our honest communication will never lead you astray.
There are many types of bail bonds, and it can feel like a quagmire figuring out what each one is. In the following article, we’ll attempt to straighten out some of the confusion surrounding the system. We’ll also discuss what influences eligibility and what the future might look like for the current system.
Many factors can influence your eligibility for bail. These factors are pretty universal no matter which of the seven bond types we’re talking about below. They are:
This isn’t an exhaustive list of what may influence the court’s determination. Depending on what the situation is, the court could use one or several to make its final decision.
Once you know you’re eligible, it’s time to explore your options. Some of these are harder to get than others. See what your bondsman can do before making a final decision.
Cash payment is sometimes referred to as a cash bond. Of the different types of bonds, this one is easiest to understand.
The court sets the amount. You pay the amount in cash. You get released.
Before you ask, the court won’t accept any type of collateral in place of cash. And you don’t pay a percentage of the bail. You pay the full amount.
Courts may set these unusually high to keep certain types of defendants — violent individuals, flight risks — from attaining bail. The money usually gets returned to the defendant if he made all required court appearances.
If you don’t show up, you don’t receive a refund.
The cash bail system is a direct relationship between the court and the defendant. A surety bond adds one variable to that equation: a third-party payor.
In these cases, the third-party would pay the bail to the court for the defendant. Of the various types of bail on this list, surety bonds can be a bit harder to get.
That’s because the bond company does a risk assessment before taking on the client. If a defendant’s finances, credit report, and criminal history are in question, approval would be unlikely.
Qualifying for a surety bond is a good way of mitigating the costs of bail after you’re arrested. You usually pay between 10 and 15 percent of the bail amount and may get part of that back after honoring the agreement.
Of the different bond types, you’ll probably want a citation release more than anything else. You can go home immediately, often from the scene of the incident.
The only stipulation is that you agree to show up for your court appearance as instructed. Failure to do so can result in fines and penalties and, in rare cases, jail time.
Police won’t issue a citation release to anyone. These are typically reserved for misdemeanor offenses.
Among the different types of bail, the signature bond is second only to citation release in terms of what the accused would prefer. These are sometimes called “recognizance bonds,” so if you are “released on your own recognizance,” you will end up signing a signature bond (or “sig-bond,” for short).
The advantage to a sig-bond is that you get out of jail immediately without having to sign over any cash or property. That said, failure to appear will usually result in a monetary judgment that’s determined before your release.
One of the bail bond types you’re hearing more about with current events is the immigration bond. This falls under the purview of the US Immigration and Customs Enforcement (ICE) agency. There are two sub-types:
If one plans to stay in the country, it’s a good idea to use this time to seek the help of an immigration lawyer. Also, it’s time to get family affairs in order and prepare for the possibility of deportation.
A defendant who attains a property bond will do so after first putting up some amount of property as collateral. The property will usually need to be double (or more) of the bail bond amount.
Automobiles, jewelry, and real estate are the most common types of collateral offered, but the court or bond company will accept any item of value.
You can only get the last type of bail bond on our list through the federal courts’ system. In these cases, there will be a co-signer for your release who guarantees a sum of money should you fail to meet the bail obligations.
A federal judge will determine the eligibility of the person signing the release. They look at the financial stability and reputation of the signee when deciding whether to approve.
In California, These types of bail bonds are at risk. That’s thanks to a proposed law known as SB 10.
This law would eliminate bail, putting public safety and dollars at risk while finding new ways to discriminate against the poor and people of color. Click here to learn more about the threat. And if you need bail assistance, don’t forget to call the Bail Man today.
No one wants to find their loved one behind bars. And yet, arrests are happening all around the country at an increasingly higher and higher rate. If your loved one is in police custody, the thing you likely want more than anything is to see them back home.
If you haven’t had previous experience with the bail system, you might not know how it works. It may seem complicated or confusing to navigate, especially in this stressful and emotional time.
With that said, understanding how posting bail works can be the key to getting your loved one back to safety and comfort as soon as possible. Read on, and we’ll walk you through everything you need to know about the bail posting process.
If you are unfamiliar with the bail process, it’s best to go over the basics first. Bail is a sum of money set by a judge. Each state has it’s own bail system, and paying the bail amount allows an imprisoned person to go free until the date of their trial.
Bail is set to help ensure that a person will return for their trial if they get released from prison. Several factors go into setting the amount of bail, including the severity of a crime and an individual’s past criminal history.
Bail amounts can often be quite high. This is so the individual in question does not forfeit the money and avoid showing up at their court date. Many courts have pre-set bail amounts assigned to various offenses.
In some severe cases, a judge may decide that an individual should not have bail granted and must remain behind bars. This, however, is a rare circumstance.
Bail is usually paid during office hours at the courthouse or after hours at the jail itself. You can use cash or check to pay bail, and can also pay it by putting up property worth the full value of the bail.
Last but not least, you can pay it via a bond, which is a guaranteed payment of the full bond amount. But where does one get a bail bond?
Bail sums are often so high that families have a hard time affording them. In these situations, a bail bond can be a huge help.
What is a bail bond? It is a time of surety bond provided by a bond company or bond bail agent. In this situation, a bail bondsman covers the bail on behalf of the family and secures a quick release. In return for this service, a bondsman will charge a small fee (usually around 10% of the bail).
In most cases, the family or friends of a loved one will need to provide payment or collateral upfront to secure a bond. After this payment, a bail bondsman will contact the courts and get the individual released.
If the defendant fails to show for their court date, the family will be responsible for the full bail amount. The bail bondsman might also use the services of a bounty hunter to bring a defendant back for their court date. A bail bondsman might also be able to sue if a person does not show up for their court date.
There are a few legal conditions that surround the bail process. On one side, there is the Eighth Amendment, which protects arrested individuals against excessive bail amounts.
The Amendment states that government entities, such as the state or county, cannot use bail to raise money for the government. They also cannot use bail to punish a person for committing a suspected crime. This does not necessarily stop some judges from setting very high bail amounts, but the severity of the case must be a match for the bail number.
Bailed-out individuals must comply with given conditions of release. These conditions might vary from state to state, and it’s important to inquire about your local specifics. Violation of these conditions can send an individual immediately back behind bars.
Common conditions include ‘obeying all laws,’ but there may be more specific conditions placed on an individual. For example, if a person gets arrested for abusing their partner, a likely condition would be for that person to stay away from their spouse while released.
There are a few instances where the release of an individual may not require bail. These releases are ‘O.R. releases,’ or an on their own recognize release.
An O.R. release will send an individual home as long as they promise to show up for their given court date. Most individuals request an O.R. release, but only those that the courts consider low-risk will find such a request granted by a judge.
If a defendant has strong ties to a community or a low-chance of feeling, they are more likely to obtain an O.R. release. Employment and a lack of prior criminal record are also helpful in securing such a release.
These factors are also a contributing factor in deciding what the bail amount will be set at for an individual.
There’s no worse situation then finding a loved one behind bars. But if you’ve found yourself in such a situation, you must understand the above information about posting bail. Taking the proper steps can ensure the return of your loved one to a safe and comfortable environment.
Have more questions? Give us a call anytime for assistance.
When you’re arrested and facing police custody, you want to be as informed as possible. This isn’t the time to second-guess your rights or wonder about what your next steps look like.
To that end, we’re out to set the record straight on a few industry misconceptions. Along the way, we’ll share some interesting insights and facts about bail bonds that you may not know!
Ready to learn more? Let’s get started.
In August of 2018, California passed a bill to abolish cash bail for suspects awaiting trial, following decades of conversation around the topic. Then-Governor Jerry Brown signed the bill into action, and it was set to go into effect in October of 2019.
However, those against the bill lept into action, spearheading a referendum campaign to repeal bail reform legislation. They submitted a petition of more than 600,000 signatures to elections officials in support of their cause. Now, there’s a stay on the bill until the November 2020 election, when it will be on the ballot for voters to decide.
The fees for your bail bond aren’t at the mercy of your bail bond agent. Instead, California state law predetermines those amounts.
Think you’re getting a great deal because your agent advertises that he can waive those fees or make them lower than the state mandates? Think again. In these cases, you’re partnering with an untrustworthy agent whose tactics are far from sound.
It’s best to call a bail bondsman who knows the law at both a state and national level. This way, you know your rights are preserved, and you’re following the correct procedures.
Yes, the 8th Amendment to the United States Constitution states that everyone has a right to reasonable bail. However, the court can deny you bail if you commit certain capital or violent crimes, including:
If you’re denied bail, the judge will state the reason for this decision on your record. In most cases, the state denies bail because the defendant is too high of a flight risk, and there is a significant concern that he or she will not show up in court.
The purpose of bail is to ensure that you show up to your court hearing. As such, a judge has the final say in how much bail you’ll pay. Those considered flight risks or who commit egregious crimes may pay a higher amount.
Think the amount you’re asked to post for bail is unfair or unreasonable? It’s within your rights to appeal it, as the law deems that it cannot be excessive.
In most cases, it’s wise to partner with an attorney who can help you petition the judge to lower the amount. While you may be able to argue your case alone, the process is complicated, and it’s helpful to have a legal expert on your side.
In some situations, a California judge may O.R. a defendant. This means letting them out on their own recognizance without requiring bail money.
When does this happen? If the judge deems you a stable member of the community who isn’t a flight risk, you’re more likely to see this as an option.
Think you can skip your court hearing and get by with a slap on the wrist? It’s important to take this obligation seriously. If there is evidence that you received notification of the hearing and chose not to show, you’ll find yourself in hot water.
The state will issue a new charge against you, and there will be a new warrant out for your arrest. Bail jumping could even put you in contempt of court in some cases.
In the state of California, being in contempt of court can lead to a jail sentence, fines, and/or community service. In addition, you’ll lose any bail money you’ve already paid out.
The bottom line? It’s not in your best interest to skip town.
Once you’re released from jail on bond, you may think you have immediate and total freedom! That isn’t the case. Rather, you’ll have to follow myriad conditions and restrictions until your day in court.
These may include:
While not every person will follow all of the above guidelines, these are a few of the examples that you may encounter.
We understand that an arrest is scary and intimidating. That’s why our experienced, insured, and certified bail bondsmen are available 24 hours a day, seven days a week.
The reality is that arrests don’t always happen in the 9-to-5 timeframe. No matter the hour, there’s bail assistance on the way. Rather than sorting through your options the moment you need them, go ahead and have a professional team of experts on standby that you know you can call.
When you’re arrested, you’ve got a lot to think about and plan for. Find a bail bondsman you can trust shouldn’t be an extra burden on your shoulders.
This is where we come in.
With more than 15 years of experience serving the state of California, our bail agents are reputable and reliable. We know the U.S. bail laws forward and backward, with client feedback that speaks for itself.
Contact us any time, and let’s take this important next step together.