Facing an arrest and criminal charges could be a challenging experience for you and your family. After an arrest, you could remain in jail, awaiting trial. However, most people charged with criminal offenses in California are entitled to bail. The judge sets bail during your initial court appearance, and it acts as a guarantee that the defendant will follow through with all court-imposed rules. Although bail allows a defendant to stay out of jail and move on with their lives, it is not affordable for many people.
Posting a bail bond is an option for many people who cannot afford a cash bail to secure a quick release from jail. At Fausto's Bail Bonds, we provide our clients with the amount needed to post bail and the legal guidance to navigate the bail process. If you seek a bail bond for a loved one in Beaumont, CA, you will need us by your side.
Overview of Bail in California
Bail is the amount of money that a defendant must deposit with the court to secure a release from jail. After an arrest and booking, a defendant is placed in a jail cell to remain until the trial. California law allows you to spend the time between the arrest and trial out of jail by posting bail. Bail acts as a guarantee that a defendant will return for court proceedings or trial.
The judge determines the amount of bail you must pay at your first court appearance. In California, bail is determined by referring to the bail schedules and adjusting the amount depending on different facts of your case. The bail schedule is a document designed by the superior court of each county in California and sets forth the bail amounts required for each criminal offense.
If you post bail before your first court appearance, you could pay the amount indicated on the bail schedule. Also, this could apply when if there is an arrest warrant attached to your arrest. If you are locked up in jail, the bail schedule will guide the judge to determine the actual bail amount. Bail amounts in the bail schedules vary with the severity of the crime.
At your bail hearing, the judge will adjust your bail amount based on the following factors:
- The severity of your Charges. After checking the bail schedules to determine the recommended bail amount, the judge could increase or reduce it depending on the case's circumstances. Some charges are considered more severe than others, and they attract a higher bail amount.
- Your criminal history. Posting bail guarantees the court that you appear for trial. When setting your bail, the judge will consider your criminal record. If you are a first-time offender, you will likely garner a lower bail amount. However, you will be subject to a high bail amount if you have a criminal record or have a history of failing to show up for a trial.
- Your flight risk. A defendant's flight risk is the likelihood of fleeing to avoid attending court proceedings. Individuals with a high flight risk will have their bail amounts increased. In California, flight risk is assessed by checking your community ties. You could be a low flight risk if you have a stable job or family living in the jurisdiction.
- Risk of public safety. While allowing bail keeps defendants out of jail while their case continues, the courts often ensure that releasing you on bail will not impact public safety. If you pose a risk of injury to another person, the judge could set a high bail amount or deny it.
Types of Bail
When the judge sets your bail amount at the bail hearing, there are several ways through which the bail could be paid to secure a release from jail:
Recognizance Bond
Sometimes, a defendant does not need bail to secure a release with a pending criminal case. If the judge decides to release you on recognizance, you will not be committed to posting bail. However, it is crucial to understand that OR release is unavailable for everyone. First-time offenders facing charges for minor crimes are more likely to secure an OR release.
Cash Bail
If you have access to the amount of money required for bail, you can do it by presenting the full bail amount to the court clerk. Posting a cash bail is one of the fastest and easiest ways to secure a defendant's release from a jail cell. However, it is essential to understand d that posting bail, especially in cases requiring a high bail amount, could result in financial scrutiny.
Property Bond
If you lack money to post cash bail or find it financially beneficial, you can post a property bond. If you decide to secure a loved one's release from jail on a property bond, you will pledge the value or real property to the court to assure the defendant's return to court. Before you use the property for bail in California, the property value must be at least 150% of the bail amount. If a defendant fails to show up to court for trial, you will lose the property.
Before the court accepts property in exchange for a defendant's release, the court will set a special hearing to determine ownership of that property. You must present a certified copy or an original property deed at the property bond hearing. Also, any documents on current appraisals and property lien should be presented.
Bail Bonds
If the bail amount is more than you and your family can afford, you can use a bail bond to secure a defendant's release from jail. In this case, you will need to contact a bail bond company. The agency will send a Beaumont bail bonds agent who will help post bail for your loved one, guiding the defendant through the bail process.
When you contact the bail bond agent, you must provide them with the official names of the defendant, the jail where they are held, and the charges they are facing. The bail bondsman will assess the defendant's likelihood of appearing for trial and your ability to pay for the bail bonds services. If you meet the eligibility criteria, the bail bond company will post the bail and follow up on the release of your loved one.
In California, bail bond costs 10% of the full bail amount, and you have to agree to pay the total bail if the defendant skips bail. Although the bail bond agency will recover their money from the court after the case ends, it is essential to understand that the 10% bail bond fee is non-refundable. In addition to posting bail, a bail bond agent ensures that the defendant shows up for court proceedings.
Bail Bond Cosigner
Many defendants who secure a release on bail bonds will need a cosigner. When you accept to cosign a bail bond for a loved one or friend, you help them contact the bail bond company and secure the bail bond. A cosigner could be anyone from friends to family or colleagues. Although a defendant could choose anyone to cosign their bail bond, the bail bond company decides whether the individual can act as a cosigner.
Before allowing you to cosign a bail bond for a defendant, the Beaumont bail bonds agent will assess your credit history and employment status. As a cosigner, you agree to share in the responsibility of ensuring that a defendant fulfills all the court obligations. Additionally, you will be tasked with paying the bail bond premium. If the defendant skips bail and the court forfeits the bail money, you will be responsible for paying the entire bail amount.
Cosigning a bail bond is a choice you need to make based on your relationship with the defendant. Before acting as a cosigner, it is crucial to understand your responsibility. If you cosign a bail bond and feel that the defendant is not likely to show up to court, you can terminate the agreement.
Benefits of Working with a Beaumont Bail Bonds Agent
Whether your loved one is arrested or you are the one who desperately wants to secure a release from jail, doing it as effectively as possible is of the essence. When you learn of your loved one's arrest, you would be interested in handling bail yourself. However, the money required to post a cash bail is not always available for many defendants and their families.
When you hire a bail bond agent to help you navigate the process, you can reduce the stress associated with the process of securing a release from jail. The following are some benefits you accrue from working with a bail bond agent:
Saves Money
Bail amounts in California are often very high. This makes it impossible for many defendants and their families to raise the amount required on short notice. If you do not post bail, your loved one could remain in jail until the trial, jail is not a pleasant place to be, and in addition to missing out on time with family, your loved one could suffer emotional trauma.
When you use the services of a bail bond agent, you will only be responsible for a portion of the bail amount. In California, you pay 10% of the total bail amount to act as a service fee for the bail bond. This allows you to save money and avoid the hassle of raising the full bail amount.
Avoid Asset Liquidation
If you decide to post cash bail, you may need to liquidate some of your assets or make more complex financial choices. When you seek a bail bond, you will not need to liquidate your assets or refinance your mortgage.
Avoid Financial Scrutiny
If you can raise money to post cash bail, posting a high bail amount in cash could open avenues for financial scrutiny. If the prosecutor, the police, or the judge suspects that you obtained the bail money illegally, they may begin an investigation to determine the source of the funds. This could expose your financial life and delay the bail process causing your loved one to spend more time behind bars. Posting a bail bond for your loved one helps protect your financial life from scrutiny.
Legal Knowledge
Beaumont bail bonds agents are familiar with the courts and jails in the area. Additionally, understand the process, which is often very difficult for first-time offenders. Working with a bail bond agent makes your life easier as they can use their knowledge to speed up the bail process and subsequent release of your loved one.
Guarantee of Confidentiality
The issues surrounding an arrest are very sensitive. Therefore, you want to ensure that the bail process is as confidential as possible. Bail bond agents understand the importance of keeping the information of your loved one's arrest and charges discrete.
Bail Bonds Agents are Responsible
If you post bail for a loved one, you must promise the court that the defendant will return to court for trial and adhere to all the bail conditions. If the defendant fails to live up to the promises you gave to the court, you could lose the bail money. When you post a bail bond, the bail bond agent takes the responsibility and risk of ensuring that the defendant shows up for court proceedings.
If you face an arrest for committing a crime in Beaumont, CA, you could be detained in the following facilities:
Beaumont Police Department
Smith Correctional Facility
Riverside County Sheriff's Department
Some of the courts serving Beaumont, CA include:
Riverside County Traffic Court
Superior Court of California County of Riverside
Find a Reliable Bail Bond Company Near Me
Jail is not where you want your loved ones to spend their time. After an arrest, defendants are booked into a jail cell where they could remain awaiting the outcome of their criminal cases. Fortunately, California law allows defendants to be released from jail with pending criminal proceedings by posting bail. One of the most common challenges defendants and their loved ones face in California criminal cases is to post and secure a release from custody. This is because bail amounts in California are often very high.
If you and your family cannot raise the amount required to post cash bail, you need to consider posting a bail bond. At Fausto's Bail Bonds, we understand the trauma of having your loved one in jail, and we will provide the financial assistance you need to post bail and have your loved one home as soon as possible. Additionally, our Beaumont Bail Bonds agents are always on standby to guide you through the challenging bail process. Call us today at 855-328-7867