An arrest in Anza can be a stressful experience, especially if it is your first offense. However, the bail system permits you to secure your release, so you do not have to sit in jail until your case is resolved. If you cannot pay the bail amount from your pocket, an Anza bail bonds company can come to your rescue. At Fausto's Bail Bonds, we offer bond services to defendants who cannot pay bail. Our reliable bail agents can help you navigate the bail bonds complexities and ensure you are released as soon as possible. Call us regardless of the time you are arrested, and we will serve you.
Bail vs. Bail Bond
Bail is the sum of money you or your friend, family member, or loved one deposit with a court/jail facility meant to ensure you will show up on all court dates as ordered. 'Bail' is often used interchangeably with 'bond' or 'bail bond' whenever people discuss police custody release before trial, but the terms do not mean one thing. When it comes to a bond, a third party posts on your behalf, usually a bonds agency or bail agent, to secure your release.
Bail is not ordered on all crimes, and imposition is significantly based on the severity and type of the criminal offense in question. The bail amount could be a predetermined amount that a judge could increase or lower based on the factors surrounding the crime and the accused's character.
Bail is also not meant to be a punishment. Instead, it is a way to secure your agreement to comply with various conditions and show up in court as the judge will require. That said, bail acts like collateral you leave with the court to make sure that you will appear for the remaining sessions of your criminal case after your release from custody. If you fail to return to court or violate the terms and conditions of your release, you may lose the amount you deposited. If you posted a bail bond, the bonds agency loses the money, as we shall see later.
How Bail Is Set In Anza
If arrested in Anza on suspicion of committing a crime, you undergo booking and are thereafter placed in a holding cell or jail facility. Booking can last between 45 minutes and four hours based on how busy the jail you are held in is. The booking process involves taking fingerprints, mug shots, and basic personal information. The officer in charge will also conduct a background check to establish whether you have any outstanding warrants against you. Once the booking is completed, you will have to appear before a judge for them to set bail if you are eligible.
Every county in California has its bail schedule for various types of crimes to which judges refer when setting the bail amount. When arrested in Anza, the judges use the Riverside County bail schedule to set the bail value. The judge can increase or lower the amount set on the bail schedule. Apart from the bail schedule, several other factors also affect how the judge sets bail— whether to lower/increase the amount or deny/grant bail. These factors include:
- Whether you are a threat to public safety
- Whether you are a flight risk
- Your criminal history
- How severe your crime is
- The likelihood that you will appear in court
- Whether you have any ties to the community
And if the judge sets bail too high that you cannot afford to pay it, you could request them to lower the amount through a bail hearing. And if the judge imposed a low bail amount, the prosecution also has the right to request a bail increase. If seeking to lower your bail value or the prosecutor wants it increased, the court considers several factors:
- The seriousness of the crime
- Whether you made any threats to the supposed victim
- Whether anyone was hurt and the extent of the injuries
- Whether you used drugs/deadly weapon
- Whether you are a danger to the public
- Whether you are employed
- Whether you have any community ties such as business interests/property
- Whether you have a criminal record
- The likelihood of showing up in court as ordered
Your lawyer can present proof to convince the judge to reduce the amount. These could include evidence that you are not a threat to the public, you have not missed any prior court dates, you are not a flight risk, you do not have any criminal history, among other pieces of evidence.
If accused of a severe crime such as robbery, kidnapping, sexual assault, or homicide, the judge might not modify the bail amount without finding unusual factors as justification. These circumstances may include:
- If the authorities catch you with a significant amount of money
- If the prosecution discovered exculpatory/incriminating evidence
- If the prosecution witnesses disappeared or refused to cooperate
- If there are changes in facts surrounding the case
- If you have fallen severely sick
How to Pay Bail In Anza
In Anza, you can post your bail through three primary ways— making cash bail, securing a bail bond, or posting your property as bail.
The most straightforward way to pay bail is by depositing the entire cash amount. The court will return the funds to you once it resolves your case and you have not lost the amount by jumping bail or violating one or all of the imposed bail conditions. Apart from paying the entire bail value in cash, you could also use a cashier or certified check, traveler's checks, or money order. In given cases, courts or jail facilities accept personal checks.
Sometimes a court can refuse to accept bail money if its origin is suspicious, like coming from an illegal business, particularly if you wish to deposit a significant sum. If facing embezzlement charges and the amount in question is substantial or accused of drug trafficking, and your loved one makes a cash bail worth two hundred thousand or higher, the judge might suspect that the money's origin is not genuine. It is upon you to prove to the court that the fund's source is lawful. If you cannot provide sufficient proof of the legitimacy of the money, the court might not accept your cash bail amount.
With a property bond, you offer the title to your property to the court or jail facility. If you fail to make all the court appearances, the court will foreclose on the property and sell it. Before you post property as a bond, the court has to appraise it to ensure its value is equivalent to the bail amount and disclose any lien. Some courts also require that the property value is twice the bail amount. Due to these requirements with the possibility of losing the property if you fail to appear in court, few people seek this type of bond.
Bail Bond/Surety Bond
The most reliable and common way of making bail is by securing a surety bond from a licensed Anza bail bonds company since the bail amount may be substantial. Here, you will pay the bail agency up to ten percent of the total bail value. By this, it means that if, for instance, you have your bail amount set at two hundred thousand dollars, you can secure or buy a bond after you pay $20,000.
After you pay the ten percent premium, the bail agent will go to the jail facility or court to post the surety bond for you and secure your release. The ten percent fee is known as the premium, and it is not refundable.
The bail agency may also require you to provide collateral to secure a bond, especially if your bail amount is substantial. Collateral is often real property because personal property could disappear. Additionally, personal properties are usually not highly valuable unless they are valuable pieces of jewelry, painting, or a collection of rare stuff. If you do not attend court as required, the Anza bail bonds company you contracted will forfeit the bond amount. Consequently, the company may move to sell the collateral you provided.
Bail is usually posted by a person other than you. You could reach out to a third party to co-sign your bond with your chosen bail bond agency, but they do have various obligations should they do so. If you fail to appear in court or flee the jurisdiction, the bail bond agency will first try to find you. If it cannot locate you, it will go after your co-signer for payment.
Release On Your Own Recognizance
If the crime you are alleged to commit is minor, for instance, a DUI without injuries or considerable property damage, you will generally be released after you have undergone booking without paying bail. In this case, you do not have to contact an Anza bail bonds company or raise cash to pay bail. This is known as release on your own recognizance (OR release). With OR release, you will only have to sign a written note stating that you promise to make all court appearances as required.
Bail Conditions Anza Judges Impose on Defendants
Note that the judge has the discretion to deny bail in some cases. However, if they grant bail or agree to release you OR, they can impose various conditions you will have to obey. Your lawyer could also recommend conditions in an attempt to persuade the judge to grant bail or reduce the amount. We have standard bail conditions, while others are applicable specifically to your alleged charges. They include:
- Placement under house arrest where you will be electronically monitored
- The condition that you wear a Secure Continuous Remote Alcohol Monitor (SCRAM)
- Surrendering your traveling documents such as your driver's license and passport
- Prohibiting you from leaving the state
- Not having any contact with the supposed victim
- Not to drink and drive with any detectable alcohol amount in your bloodstream
Failing to attend court after release on bail is known as jumping or skipping bail and can be a severe crime. If your supposed charges were misdemeanor, failing to show up in court will attract misdemeanor charges. And if they were of a felony, you may face felony charges.
If you fail to show up in court, the judge will issue a bench warrant against you. The court will also issue a forfeiture order for your bail. If you posted cash bail, you would lose the amount. The same applies to a bail bond, although it is not you who would forfeit the funds, but that Anza bail bonds company you contracted.
If you provided collateral to secure the bond, the bonds company might put it up for sale to recover the forfeited amount. And if you did not provide collateral, they may hire a bounty hunter to track you down.
A bounty hunter is paid part of the bail bond money but only after they have apprehended you. They have the discretion to arrest and take you back to the police in the jurisdiction you fled. The bonds company has only 180 days to find and hand you over to the authorities, or else they will lose the bond amount.
However, the judge can vacate their forfeiture order and exonerate your bail if you appear before the time limit expires and provide a valid reason why you skipped bail. These reasons could include:
- You are disabled, and your disability made it impossible for you to show up
- You were injured
- You were sick. Include a medical statement or report to back up your claims
- You have a mental illness
- You were detained in a different jurisdiction
Riverside County Sheriff's Department
Riverside County Jail
Robert Presley Detention Center
Superior Court of California County of Riverside
Find Reputable Anza Bail Bonds Services Near Me
If you have been arrested in Anza, CA, and the judge has confirmed you can post bail, hiring a bail bonds company to help you is the ideal and reliable option. At Fausto's Bail Bonds, we will ensure you secure your release as fast as possible to return to your daily duties. Regardless of the time of arrest, we are always available to serve you. We also offer flexible payment options and various payment plans that suit your needs. Call us at 855-328-7867 for more information on how we can help you.