The California criminal justice system allows the use of bail to guarantee an inmate's release from jail. A bail is a form of guarantee that ensures that a person will show up for future court appearances or risk losing the bail amount. Most defendants are unable to raise the required bail needed for their release. Therefore, they have to turn to a bail bond agency to secure their release. It's crucial to seek a reliable agency to guarantee a quick and stress-free release. If you are searching for a bail bond in Rosemead, Los Angeles County, CA, contact Cali Bail Bond for fast, quality, and reliable services.
Definition of Bail in California
As stated earlier, bail is a type of guarantee that a person charged with a particular crime will honor all court appearances upon release. A court usually sets a specific amount of bail, depending on the type of crime you're charged with. To obtain your bail, you must place some form of collateral with the court.
In California, every defendant is eligible for a bail release, as long as they don't pose any risk to the public. The prosecution must show clear and convincing evidence that a detention is necessary to protect the public when denying someone the opportunity to be released on bail. People arrested and charged for serious and violent felonies cannot be released on bail in California.
A bail release comes with several requirements that a defendant must meet. Failure to adhere to these regulations might have your bail release canceled. Here are a few conditions that a defendant must adhere to in a bail release:
- Release to the community, family member, partner, and friend, with the promise to accompany the defendant to court
- Checking in with a designated agency through phone calls, texts, or online
- Order not to leave the state by surrendering their passport
- Adhering to a stay-away order
- Installation of an ignition interlock device
- Mental health checkup and treatment
- Checking in with a designated agency in person
- Relocating from your home when the case is pending
- Electronic monitoring or GPS
- Attending community support groups like AA or NA
Factors that Influence your Bail Amount
The California justice system provides the chance for bail release through a bail hearing. The bail hearing presents the opportunity of asking the court to reduce your bail or eliminate it and release you on your recognizance.
During the bail hearing, the judge will decide on a particular amount based on the facts of your case. The judge will also take note of the following factors:
The Nature and Circumstances of your Allegations
The nature and severity of your allegation can have a sizable impact on your bail amount. Judges usually exercise a large amount of bail when setting it for particular violent or felony crimes. A severe allegation will always demand a high bail even if the court has put measures to guarantee your court attendance.
Your criminal background can work against you while a judge is setting bail for your release. The judge will look at your criminal history and determine your bail amount based on the non-expunged offenses that you have and any crimes you've committed years or decades ago.
A person with no criminal history can receive a reasonable bail than someone with an active and lengthy criminal record. However, a criminal background shouldn't worry you so much, primarily if you've maintained a good character over time.
Your community Ties and Reputation
The judge will also consider your reputation beyond the criminal justice system. Your overall reputation has a significant impact on your chances of a minimum bail demand. A person of stature or reputation will most likely receive a lenient bail amount or even be released on his recognizance.
Your moral character can also influence your bail demand. Judges believe that defendants with family members and friends in the community will most likely not skip bail than those without any community ties.
Your Finances and Employment
Your employment and finance history also plays a vital role in the amount of bail that you can receive. Your chances of freedom can improve if you have reasonable employment and steady work history.
Substantial income and other financial factors might compel the judge to set a lower bail or even a conditional release.
A History of Failure to Appear
Judges try to avoid granting a bail release to a defendant with high chances of failing to appear in court when needed. If you have failed to show up for your previous court summons, there is a higher likelihood that you won't honor your current hearings.
Please note, skipping bail may force the court to issue a bench warrant for your arrest apart from forfeiting your bail.
A History of Substance Abuse or Mental Illness
When deciding the amount to set for a bail release, most judges also look into a defendant's mental state. A person with severe mental illness or substance abuse will most likely receive a high bail amount or be denied the release altogether.
Your Current Parole or Probation Status
If you have been arrested and are already on parole, the judge might decide on a significantly higher bail amount or deny the release. An arrest while on probation means that you have violated your release conditions, and there's a likelihood of failing to meet your court obligations.
Your Potential Risk to the Public
Defendants with a likelihood of endangering public safety may be held in custody without bail. This is common with severe felonies like sexual assault and violence.
As soon as the judge has decided on your bail, our Rosemead Bail Bond Agents will help you post your bail as quickly as possible.
How the Bail Bond Works in California
It bears emphasizing that a bail bond is a contract between the government and the surety that a defendant will be released from custody. The court uses the assumption that the forfeiture of the bail bond is enough to compel the defendant to attend all required proceedings once a bond is posted.
Those who cannot raise the bail amount have the option of turning to a bail bond company or agent like our Rosemead Bail Bond Agents. These companies or agents work as lenders and can pay your bail with a fee ranging between 5% to 10% of the total bail amount. This amount is a bail bond premium and is paid for taking the risk associated with the defendant possibly failing to show up to court.
For instance, if the court demands $100,0000, the bail company will charge between $8,000 to $10,000 to post bail for you. Usually, our Rosemead bail bond agents will require a cosigner, a family member, a friend, or anyone with excellent credit to post collateral.
Cosigners can pledge collateral in the form of anything valuable, depending on the severity of the charges you're facing. If a defendant fails to appear in court and forfeits the bail, the bail bond company will use the collateral to recover their losses.
Types of Collateral Used in Bail Bond Release
Your cosigner can use different types of collateral to guarantee your bail bond release. Our Rosemead Bail Bond Agents accept several collaterals as long as they are valuable and worth the amount needed to post your bail. Here are a few common types of collateral that we accept.
You can use any of your property, like your home or land, as collateral. However, you must file a deed of trust with your local courthouse to confirm your authority over the property. The lien on the property will then be lifted after the bail has been terminated.
Please note, you cannot use real estate as collateral if you're not the actual owner of the property in question. Damaged property or one that's fit for demolition cannot also be used as collateral.
Automobiles are also acceptable as collateral at our agency. You can use vehicles, yachts, and boats as collateral as long as they are in good condition. You must also prove that you're the titleholder to the property before you surrender it as collateral.
Stocks and Bonds
Our Rosemead Bail Bonds Agents can also accept a pledge for your stock, bonds, and other investments as your collateral. Again, you must prove your legal ownership of these investments before handing them over to our agents.
If you have precious metals, jewelry, or other forms of family heirlooms, you can use them as collateral against your bond. However, our agents must assess the metal or jewelry market value to ensure that their value is worth offsetting your bond amount.
Collectibles or Pawnable Items
Some valuables like high-end audio equipment, computers, and musical instruments don't fit as valuables. They, too, can be accepted as collateral as long as they are in good condition and you can prove your ownership. Collectibles like antiques, especially those that will likely appreciate, can also be accepted.
A credit card can also be a suitable form of collateral. You must have a higher credit limit than the bail amount if you want to use your credit card as collateral. The cosigner must provide the credit card’s authorization for the bail agency to recover their losses when the defendant violates the court requirements.
Definition of a Cosigner and their Responsibilities
A cosigner is a person who accepts the financial obligations of securing a bail bond and all its risks. Therefore, they assume the risk of paying the entire bail bond when the defendant fails to show up to court. Jails usually release defendants out of custody once the cosigner signs the paperwork.
In most cases, cosigning a bail bond involves pledging collateral to the bail bond agency. If the defendant fails to appear to court or fees, the cosigner must pay the entire bond or surrender the property that they've placed as collateral.
Even so, bail bond cosigners have certain rights. For instance, if they believe that the defendant won't appear in court, they may contact the bail bond company and withdraw their bond. In this situation, our Rosemead Bail Bond Agents will arrange how the defendant will be picked up and returned to jail.
Responsibilities for a Cosigner
Apart from providing collateral, a cosigner must bear witness that all the information provided by the defendant in court is truthful and authentic. The cosigner must also ensure that the defendant shows in court. Cosigners are usually responsible for ensuring that the defendant attends their first court date, but they must ensure that they appear to all court schedules as required.
Qualifications for Cosigning a Bail Bond
As much as anyone can be a cosigner, there are particular qualifications that you must meet before you cosign a bail bond. Here are some of the qualifications that our Rosemead Bail Bond Agents require from prospect cosigners.
Good Credit History
Similar to applying for a loan, your credit history is a crucial factor that you must consider. Someone with good credit will most likely honor all the financial agreements from the other party.
Good Employment History
An ideal cosigner must be someone who holds a steady job. Stable employment history is a good sign that the cosigner can make payments if the defendant breaches the bail terms.
Good Sense of Responsibility
Bail bond terms and conditions must be taken seriously by the defendant and the cosigner. Therefore, our agents must consider you as a responsible person who can be accountable for the defendant's failure to honor the bail conditions.
Ability to Secure Collateral
Our agents would expect a cosigner to provide tangible property as collateral for the bail bond. It includes any of the properties mentioned above. You must note that there are chances of losing the collateral if the defendant doesn't meet the court's requirement. Therefore, you must also be ready to take the risk of losing your property as you decide to be a cosigner.
What Happens to Your Bail after a Case is Over
The court will exonerate or release your bail after resolving your case. An exoneration takes place under the following factors:
- The case has been concluded
- The court orders you into a drug diversion program
- You're declared incompetent to stand trial
- You're committed into custody after an adverse verdict
What Happens when you Fail to Appear to Court in Los Angeles County
Sometimes a defendant can opt to skip required court appearances to avoid the consequences of a conviction. However, this can put your bail bond at risk of being forfeited by the court. The court doesn't automatically lose your bail bond for failing to appear. It can vacate the forfeiture order and exonerate the bond if the defendant doesn't appear within 180 days if there's a valid excuse. These excuses include:
- An illness with a valid medical report or statement to validate it
- You were disabled and couldn't appear in court
- You were in custody in another state
- You suffer from mental illness
Apart from bail bond forfeiture, failing to appear in court carries severe criminal and financial consequences. These consequences can also carry on into your subsequent court case after concluding your current case.
The court will notify the bail bond agency that their defendant has failed to appear to court and the bond is in default. The court will most probably issue a grace period to make things right but under the court's discretion. However, the court may not be so lenient on them, depending on the defendant's criminal history.
The court usually gives the bail bond agency and cosigner three months to take the defendant back to police custody and reactivate the bail. The agency or cosigner will fill in some paperwork to alert the court that the defendant has returned.
Alternatively, the court can issue a bench warrant on the defendant. A bench warrant is an order to be arrested and returned to custody. The warranty lasts for as long as the defendant is on the run. The court issues a bench warrant by entering the defendant's details into the National Crime Information Center database, making it accessible by any law enforcement.
In a situation where you put collateral for the bond, it will sell it and collect the amount that the court has forfeited. If they posted bail through a signature agreement, the bond company would hire a bounty hunter to look for you.
Bounty hunters usually receive part of the bond if they can apprehend the defendant. They have the authority to arrest the defendant and return them to the authorities and jurisdiction they had fled. There's a specific time limit to return a defendant to court, or the bail bond company will end up paying the entire bail bond.
Find a Bail Bond Agency Near Me
Securing a bail bond release provides the opportunity to work on your legal defense strategies and spend time with your family as you await your court proceedings. However, you should note that not all bail bond agencies can offer the services that you deserve. At Cali Bail Bonds, we have constantly provided quality services to clients in Rosemead, Los Angeles County, over the years and are ready to do the same to you. For more information, call us at 877-373-3631 and learn about our services.