If you are apprehended for a specific crime, you could face charges in court. An arrest means you have to stay behind bars while you await the outcome of your case. However, you could secure your release from custody by posting bail. Bail refers to the money the court requires you to pay before being released from detention while you await a court trial. It is a tactic that courts use to compel defendants to appear for their scheduled court hearings.
Unfortunately, many individuals are unable to raise the necessary bail amount. Therefore, they resort to bail bond companies for assistance. At Fausto's Bail Bonds, we offer quality bail bonding services to individuals in Warner Springs, California. Call our office today for a case evaluation and advice on how to secure your loved one's release from custody.
An Overview of Warner Springs Bail Bonds Process
The bail bonds process is well-defined. It begins with a defendant's arrest and ends with the return or forfeiture of the defendant's bail money. These steps explain everything you need to know about the bail bonds process.
Processing and Booking
If a person is arrested, the police officer will take them to the nearest sheriff or police station. The defendant will undergo processing and booking at the station. This process entails taking fingerprints and photographs of the defendant and running a background check. It could take between two and eight hours to finish this process.
Bail Setting
You could schedule a hearing either right away or within forty-eight hours of being arrested to find out how much you will need to post bail. It can be difficult for a defendant, particularly one arrested on a weekend, to schedule an immediate court hearing.
Certain detention facilities have a bail table or schedule that outlines how much you should pay to be released from custody after committing a specific crime. All you have to do is settle the set sum to secure your release as quickly as possible.
The Eighth Amendment of the United States Constitution prohibits imposing excessive bail on offenders. This law prohibits authorities from using bail to raise funds and punish individuals before trial. Additionally, it stipulates that bail will only be used to guarantee that an accused person appears in court on schedule.
Judges often set bail amounts that are too high to prevent some defendants from being released from jail, even though these requirements are in place. Magistrates have the authority to impose high bail for individuals detained on suspicion of drug trafficking, murder, or other serious crimes.
In some cases, magistrates set an appropriate amount, but the majority of those arrested cannot afford to pay. The arrestee would then have to set up a special hearing to have the bail reduced. The judge could lower the bail amount to make it more affordable.
Contact a Warner Springs Bail Bonds Firm
You can consider working with a reputable bail bond company if you cannot raise the necessary bail. Even if you can raise the bail amount, working with a seasoned bail bonds company could be beneficial. It shields you from potential financial scrutiny by the court.
The bail bonding process begins with a few brief questions from the bail bonds agent regarding the accused and other pertinent details of your available funds.
Filling the Bail Agreement and Application
The bail bonds company will prepare a bail application agreement based on the information that they have collected from you. The form is usually lengthy, but it is crucial to review it to ensure you thoroughly satisfy its requirements. The contract usually requires the defendant to appear in court on all scheduled dates and holds them accountable for any financial consequences resulting from their non-compliance.
When you complete the necessary documents, the bail bondsman will submit the bail amount to the detention facility. California allows you to post bail at any time. Therefore, a Warner Springs bail bonds company can secure a loved one's release before regular jail hours.
Cost of Warner Springs Bail Bonds
After contacting a bail bonds firm, you may be curious about how much the process will cost. The bail premium cannot exceed ten percent of the total, regardless of the amount that has been set. For example, if your bail amount is $30,000, you will only be required to pay a maximum of $3,000.
Bail Release
Releasing a defendant after the payment of bail could take a maximum of twelve hours. The release timeline is determined by the jail's capacity and the circumstances surrounding the arrest.
Co-signers Obligation
A co-signer takes full financial responsibility if they approve the bail bond. They also make sure the defendant shows up for court hearings on all scheduled dates. The co-signer could be required to pay the full bail amount if the court takes away the bail unless the defendant fulfills all court requirements.
Bail Bond's Exoneration
The court will release the bail if the accused fulfills all their court obligations. This implies that neither the defendant nor the co-signer will have any financial interest from the court and are free to walk away from this matter.
The outcome of the court proceedings will not impact the exoneration of bail, regardless of whether the verdict is innocent or guilty. The only thing that counts is that the accused appears in court at the specified time.
California Laws Addressing Bail Bonds
The California Department of Insurance oversees all bail bonds within the state. It ensures that all bail bond companies follow the California Insurance Code regulations and guidelines while doing business. Below is an overview of the statutes related to bail bonds.
Title 10 of the California Code of Regulations
The California Code of Regulations' Title 10 contains several laws on bail bond businesses' operations. These laws include the following:
- Prohibition against commissions and rebates—It is illegal to refer a business or receive any commission or bail fee without a valid license, according to the California Code of Regulations 2054.4
- Prohibition against recommending or suggesting an attorney—Bail bondsmen are not allowed to advise or suggest an attorney to an arrested person who claims to represent or support the detained person under California Code of Regulations 2071
- Prohibition against soliciting the accused in custody—The California Code of Regulation 2074 forbids bail bondsmen from asking for bail in prisons, jails, and other detention facilities
- Public officials are prohibited from soliciting bail—California Code of Regulations 2079 forbids public officials or employees holding administrative positions from accepting gifts to refer an accused person to a specific bail bonds company. Public officials are identified in this law as judges, court clerks, peace officers, and public defenders
California's Penal Code on Bail Bonds
The California Penal Code (PC) contains several laws that govern the activities of bail bond companies. These laws include the following:
- Prohibition of bail bond companies against soliciting (California PC 160a)—This law forbids bail bond firms from indulging in business dealings, offering to pay, making a payment commitment, or requesting payment for referring someone being held on the agency's behalf
- Right to a review of bail hearing (California PC 1270.2)—This law stipulates that anyone who is being held in custody on a charge has the right to a bail review hearing, wherein a magistrate or judge will adjust the amount of bail within five business days of the incident
- Determining the bail amount (California PC 1275a)—This law requires judges or magistrates to consider the gravity of the offense, prior criminal histories, and the potential for escape risk when determining the appropriate amount of bail, whether it be reduced or denied
- Examination of the bail's source (California PC 12751) —Using this statute, a California judge cannot grant bail unless they have verified that the accused did not obtain the funds through illegal means. Magistrates should determine the origin of bail-in cases on drug cases, grand theft, and financial fraud
- Disclosure of a property lien (California PC 1276.5a)—This law requires homeowners who plan to use their property to disclose any liens against the property to obtain a bond. It also alerts any property owner to the possibility of losing their possessions if the defendant violates the terms of their bail
- Defendant's surrender (California PC 1300a)—This law requires bail bond companies to return an accused person to custody before forfeiture. The bail bonds agent should demonstrate reasonable cause to hand over the accused person within 48 hours, or the court could order that a portion of the defendant's premium be reimbursed
- Bail bond exoneration (California PC 1303)—According to this law, a defendant discharged on bail will automatically have their bail bond refunded 15 days after their initial court appearance if no complaint has been filed against them before that date
Different Payment Options Available for Posting Warner Springs Bail Bonds
Posting bail can sometimes be challenging, even if it is less expensive than paying the total amount. However, this should not deter you from securing a bail bond to obtain your loved one's release.
A professional Warner Springs bail bonds company can offer flexible payment options so that you can cover the cost of your premium regardless of your current financial situation. The various payment options include the following:
Making A Down Payment
A bail bonds company usually asks you to pay at most ten percent of the total bail amount to secure a bond. If you cannot raise the necessary premium, you could still work with the surety firm to set up a down payment.
For example, if your bail amount is $20,000, you should have $2,000 to cover the bail premium. If you cannot raise this sum, ask the firm to cover a portion of the $2,000 and settle the balance through a prearranged payment schedule.
Installment Payments
With installment payments, you can deposit an upfront premium and the remaining amount over a predetermined period. For example, the company may require $500 upfront for your $2,000 bail premium. The remaining $1,500 will be paid in three equal payments of $500 each.
The larger your upfront deposit, the more likely you will secure a flexible payment schedule. In determining your payment schedule, your Warner Springs bail bondsman will also consider your employment record, credit score, length of residency, and ability to cover the installment payment.
Interest Rates
Some bail bond companies settle bail bonds in installments using interest rates. Bail bonds function similarly to loans, and the agencies should consider the existence of collateral when evaluating your eligibility for a specific payment plan.
Therefore, if you pay with interest, work out a plan you can afford without missing a monthly payment. Lastly, determine the amount, time, and interest rate you should pay.
Co-signers Credit
Some bail bond companies use the co-signer's credit report to determine whether you can afford to settle the bond amount. A professional Warner Springs Bail Bonds will work with you to establish a reasonable payment schedule that considers the credit score of any co-signers to secure your release from custody.
Factors to Take Into Account While Selecting a Warner Springs Bail Bonds Company
Many individuals are unprepared for an arrest or how to secure their loved one's release from jail. As such, you will likely choose a bail bonds company that falls below your standards, especially if this is the first time you've gone through this process. Choosing a reputable bail bond company requires knowing what you are looking for.
Here are some things to note when choosing a Warner Springs bail bonds company.
- 24-hour availability
- Licensed and bonded by authorities
- They offer services at affordable prices
- Experience in the industry
- Transparency
- Choose a bail bonds company within your area
Find a Warner Springs Bail Bonds Firm Near Me
When selecting a bail bonds company, you should make a well-informed choice. Your decision could determine whether or not your loved one secures their release before trial. At Fausto's Bail Bonds, we aim to assist individuals in Warner Springs, California, who need bail bond services in posting their bail and leaving custody as soon as possible. You can always reach out to us for assistance at any time. Call us at 951-445-4455 for an in-depth evaluation of your situation and learn how our bail bondsmen can assist you.