In most cases, you have a chance to be released on bail after an arrest for an offense in California. According to the constitution and California law, a defendant has a right to reasonable bail. When your loved one is arrested, your first concern will be to get them out of jail. You will need to contact a reliable Santa Fe Springs bail bond agent to guide you through the process. Understanding how the bail bond system works can make the process of posting bail less intimidating. At Cali Bail Bonds, we have reliable bail bonds throughout Santa Fe Springs and the surrounding areas.
Ways Of Posting Bail
There are three ways of posting bail in California after an arrest for a crime:
You should have an adequate amount of cash, a cashier's check, or a traveler's cheque to post cash bail. Depending on the jurisdiction, you may use a credit card to post bail. Posting a cash bail is the easiest and the fastest way to get your loved one out of jail. However, it is unlikely that most people will have enough cash to post the entire bail amount that typically ranges between $10,000 and $100,000. If you post cash bail, you will get back the whole amount as long as you attend all the court appearances. Some cases will last a year or even more, meaning that you won't be able to access this money if you post cash bail. If the defendant fails to attend any court hearing, the cash bail is forfeited, meaning that you will not get the money back.
After the conclusion of the case, it will take between six and twelve weeks to get the cash from the county. If you post a cash bail and the defendant fails to appear in court, you will have up to 180 days to trace the defendant and bring them into custody. You can also notify law enforcement officers to arrest the defendant. The cash bail will be forfeited to the State if 180 days go by and the defendant does not return to custody.
Since most people do not have ample money to post cash bail, they often prefer to post bail through a bail bond. A bail bond is a contract between the defendant and the bail bond agent. The contract may also be between the co-signer and the bail bond agent. Under this contract, the defendant promises to appear in court when required, and the agent posts bail on their behalf. The bail applicant has to pay the agent a certain premium, usually 10% of the bail amount.
The bail premium is not refundable even when the court dismisses the case or concludes the case. However, if an attorney refers the defendant to a bail bond company, the bail bond may reduce the premium to 8%.
The bail bond forfeits the bail amount if the defendant fails to attend the court hearings. Therefore, most bail bond agents will have a strong incentive to monitor the defendant and ensure that the defendant does not miss any of the court hearings. If the defendant fails to appear, it will be up to the bail bond agent to find them. Some bail bond agencies will require collateral for them to post bail on your behalf. Bail collateral can consist of a car, house, or any other item of value. If the defendant fails to attend court hearings, the bail bond agent will use the bail collateral to cover the forfeiture of the bail amount.
Instead of paying the premium required to hire a bail bond agent or posting cash bail, you may opt to post a property bail. The defendant or the co-signer posts their equity interest in real estate. For you to post a property bail, the property's value should be twice the bail amount. For example, if the court sets the bail amount at $100,000, the property's value should be at least $200,000. The property should also have been appraised recently, and you should disclose all the liens on the property. The property value must also be professionally estimated.
If the court is satisfied that there is enough equity on the property, it will accept it and release the defendant on a property bond. The county will place a lien on the property if the defendant fails to appear in court. The county will then foreclose the property to recover the entire bail amount.
Preparing a property bond is time-consuming and tiring, especially submitting an official appraisal. For this reason, many people rarely opt for a property bond. However, a property bond may be the right option if you do not have enough money to post cash bail or pay a Santa Fe Springs bail bond agent.
Own Recognizance Release
If the court is convinced that you will fulfill your promise and attend all the court hearings, it may release you on your own recognizance. In case of own recognizance release, the court will not require any bail. You will only need to make a written promise that you will appear for all the court hearings. The judge will likely release the defendant on their own recognizance release if they commit a misdemeanor offense. For a felony offense, the defendant must post bail.
Bail Hearings In Santa Fe Springs
With the help of their attorney, the defendant may request a bail hearing if they feel that the bail amount is too high or unfair. During the bail hearing, the attorney negotiates with the judge to reduce the defendant’s bail amount. During the bail hearing, the judge may choose to reduce or increase the bail amount, release the defendant on own recognizance, or deny the defendant bail. The court will consider two critical factors at the bail hearing:
- If the defendant will be a danger to the public after release
- The likelihood that the defendant will attend all the court hearings
Whether the defendant will be a danger to the public is the most crucial consideration when determining whether to release the defendant on bail. The judge will also consider other important factors like:
- The seriousness of the charges against the defendant
- The defendant’s criminal history
- Whether the defendant had previously threatened the alleged victim
- Whether the defendant is likely to harm the victim or the victim’s family
- If the victim has provided statements on the dangers, the defendant may pose
- The strength of the preliminary evidence against the defendant
The other crucial determination that the court makes is whether the defendant will honor all the court hearings. The main factors that go into this determination are:
- If the defendant has a history of failing to appear in court
- The defendant’s ties to the community
- Whether the defendant misled the court in a previous court appearance
The court may release the defendant on own recognizance if they are confident the defendant will appear in court when needed.
The court may deny you bail if you have committed the following offenses:
- Certain felonies and the court feels you might endanger the public upon release
- You have committed a capital crime
- You have committed a felony offense, and you have a history of physical violence or issuing threats against the victim.
Whether To Post Bail Immediately Or Wait
The defendant and their family or friends should consider several factors when determining whether to post bail immediately or wait until after the arraignment to post bail. Before making this decision, it is essential to consult an experienced criminal defense attorney. At times, waiting until after arraignment could significantly reduce the bail amount. The factors to consider when deciding when to post bail are:
- The criminal charges and the amount of bail
- Whether there is a likelihood that the prosecutor will file more serious charges against the defendant during the arraignment
- The defendant’s contacts in the community
- Whether the defendant has a criminal history
- The likelihood that the attorney will manage to convince the judge to reduce the bail amount
Challenging The Source Of Funds
The court will consider the source of funds to ensure that the defendant does not use feloniously obtained funds to post bail. Bail money will only be accepted if the judge is certain that no portion of the bond was feloniously obtained. The court can place a 1275.1 hold if there is a suspicion that the defendant's funds were obtained from criminal activities post bail. The hold can be placed in three ways:
- The law enforcement officer may write a probable cause statement indicating why the court thinks that the defendant obtained the funds feloniously.
- The prosecutor may write a probable cause statement showing how the funds were feloniously acquired.
- The judge may write a probable cause statement after reviewing the facts of the case and all the statements made during the defendant’s arrest.
A hearing will be held before the defendant can post bail if a 1275.1 hold is placed on the defendant. The judge sets a hearing to review the source of the money and establish that the defendant is not using money from felonious sources.
A Bail Bond Co-Signer
No one likes to see a person they care about stay in jail. When you become a bail bond co-signer, you can assist your loved one get out of jail as they await trial. Being a co-signer comes with a responsibility; you will be responsible for the defendant and the bail amount. You sign a contract on behalf of the defendant and post the bail money on their behalf. Following the release of the defendant, a co-signer will have a responsibility of ensuring that:
Pay The Bail Bond Premium
After choosing a Santa Fe Springs bail bond agent to help them post bail, the co-signer will owe the bail bond company some money known as the bail premium. The bail bond premium is usually 10% of the total bail amount. The so-signer must pay this fee or arrange to pay it by following a repayment plan agreed upon by the bail bond company.
Ensure That The Defendant Attends Court
The co-signer also has an essential responsibility of ensuring that the defendant attends all the court hearings. Most people assume that the co-signer is only responsible for ensuring that the defendant honors the first court hearing. However, the co-signer should ensure that the defendant attends all hearings because the bond remains in effect until the case is resolved.
Paying Any Additional Fees
The co-signer may have to pay some additional fees based on the defendant's actions, such as not appearing in court or skipping bail.
The co-signer has several rights under California law. It is important to ensure that you know your rights before you co-sign a bail bond. First, you can choose not to be a co-signer. You should only sign the co-signer agreement if you fully understand what it means to be a co-signer. For instance, you will be responsible for the full amount of the bail bond if the cosigner fails to show up in court as agreed.
The co-signer also has a right to revoke the bail bond after signing. You can revoke the bail bond if you feel like the defendant will not appear in court. You can contact the court or your Santa Fe Springs bail bond agent, informing them of your concern and that you wish to revoke the agreement. If the co-signer revokes the bail bond, the defendant goes back to jail until their court hearing.
Choosing A Bail Bond Agent In Santa Fe Springs
There are numerous bail bond agents in Santa Fe Springs, but not all are reliable. When choosing a bail bond company, you need to consider several factors:
- How long the bail bond company has been in business
- Whether the company charges reasonable fees for their bail bond services
- Whether the company offers 24/7 bail bond services
- If the company has responsive bail bond agents who will respond whenever you need them
- If the company has built a solid reputation
12940 Telegraph Rd,
Santa Fe Springs, CA 90670
Phone: +1 800-374-8474
Los Angeles County Superior Court
11234, Valley Blvd Ste 100
El Monte, CA91731
Tel: (626) 575-4268
Find a Santa Fe Springs Bail Bond Agent Near Me
If you or a loved one has been arrested in Santa Fe Springs and you need reliable bail bond services, we invite you to contact Cali Bail Bonds. Our reliable bail bond agents will guide you through the bail bond process and help you get your loved one out of jail. Contact us at 877-373-3631 and speak to one of our agents.