Bail acts as an assurance you give to the court that you will attend all your scheduled court proceedings after your release. When you are charged with an offense and the trial date scheduled, it is essential that you prepare and build your defense, return to work, and communicate with your loved ones. However, this is not possible in jail, and the court understands that. When the judge sets bail, they expect you to pay the total bail amount, and failure to do so means you will remain detained until your trial. Fortunately, you can contact a skilled Coachella bondsman like Fausto's Bail Bonds. Our agents are available all-round-the-clock and can secure your release at any time of the day at reasonable fees.
Bail 101
Bail is a process where the court sets to release from detention a person arrested or prosecuted for a crime upon receipt of security to guarantee the defendant's subsequent court appearances. The purpose of bail pending a court trial is to avoid punishing the suspect, seek justice, and encourage the preparation of case defense.
Once you post bail, the court keeps the amount as security. It is a common myth that bail money is given to criminal defense lawyers. If you comply with all bail conditions, the person that posted your bail will receive a refund of the bail amount. The amount of time it takes to receive the refund depends on your method to post bail.
If you fail to attend your court hearings, the court will forfeit the entire amount. Where the money ultimately ends up from here depends on where you reside.
When setting bail, the judge considers the following factors:
- Your ability to pay bail
- Mental health status
- Criminal history
- Community ties
- Record of previously skipping bail
- Your employment status
- The severity and nature of the alleged crime
The court is not required to grant all defendants bail. Typically, the judge can deny you bail if:
- You pose a threat to the alleged crime victim or your community
- You are likely to flee to jurisdiction, and no condition of release can guarantee your court appearance
Also, depending on the case circumstances, the judge can impose conditions of your release. Examples of bail conditions include but are not limited to:
- Curfew restrictions
- Restricting you from using drugs and drinking alcohol
- Requiring you to seek or maintain your employment
- Travel restrictions (you should surrender your passport and driver's license)
- You lose the right to possess firearms
- Imposing a stay-away order
- House arrest
The judge should not impose bail conditions that violate the defendant's constitutional due process rights.
However, the terms must be ones that you can meet. For example, in a case decided in January 2018, a California appellate court held that it was unfair for the court to order the accused to engage in drug treatment as a release condition but then prevent their release by setting a bail amount the defendant could not raise.
What Takes Place If You Violate Your Bail Conditions?
The judge will issue a bench warrant for your re-arrest.
Breaking a bail condition or skipping bail is a crime. If your underlying crime was a misdemeanor, you would face another misdemeanor. If you were charged with a California felony, you would face another felony. Please note that these penalties are in addition to all penalties that accompany your original criminal charges.
It can also result in bail revocation. If you posted cash bail, the court would forfeit the entire amount. The same applies to Coachella bail bonds, although your bondsman stands to lose. If you placed collateral for your bond, the agency would sell it to recover the forfeited amount. If no collateral is involved, the company will hire a bounty hunter to locate and return you to police custody.
However, the court can vacate the forfeiture order and exonerate your bond if you show up in court within six months from the forfeiture date and you have a valid reason for skipping bail.
Violating your bail conditions can also carry over in your subsequent criminal case.
The financial and criminal consequences of bail condition violation go beyond the bail amount posted and should be avoided at all costs.
Various Release Options
Below are different types of bail.
Cash bail
It means you post the entire bail amount with the court. Depending on the jurisdiction, you can pay in cash or use a personal check, credit card, money order, cashier's check, or traveler's check. If you attend all your court hearings, you will receive a refund of the money minus administrative costs once your case is closed.
Surety Bond
The process involves a Coachella bail bonds agent guaranteeing that the company will foot the entire bail amount to the court if you skip bail. In return, you should pay a premium of ten percent. For instance, if your bail amount is $10,000, you pay your bondsman a premium of $1,000.
When contacting the bail bonding firm, ensure you have the following information:
- The defendant's full name
- Booking number
- The alleged criminal charges
- The defendant's birthday date
- The defendant's telephone number and address
- The number of the jail holding the accused
It speeds up the release process
Since not everyone has the money to pay the required premium, that does not mean your loved one should remain detained. You can also use your possession as collateral. Common assets accepted as collateral include:
- Motor vehicles
- Bonds and stocks
- Bank accounts
- Jewelry
- Real estate
- Credit cards
Additionally, any seasoned Coachella bail bonds agent offers the possibility for flexible payment plans that are within your budget and do not complicate things during these devastating times.
By involving a co-signer or using collateral, your bailing company is assured that you will appear in your court hearings. Once the procedure is done, the bonding firm will post the entire bail amount to court on your behalf.
With the financial risk at stake, the bondsman will monitor your whereabouts from time to time and ensure that you attend all your court proceedings.
Property Bond
You can also be released by using a valuable property. The court records a lien on your asset to secure the bail amount. If you skip bail, the court will cease the property to recover the forfeited bail amount.
How Long Does It Take to be Released After Posting Your Bail?
The truth is that there is no set time.
Boking is a time-consuming process. The police officers have to seize and keep your personal property, fill in necessary paperwork confirming the arrest, and take your fingerprints and photos. Securing a release is a similarly lengthy process. You have to sign for your property and fill in paperwork confirming your release.
Many factors can delay your release. They include:
- Your case circumstances
- If you post bail in the evening and there are police available to process your release, it can take a couple of hours.
- How busy the jail is — The busier the police officers are, the longer it can take to secure your release.
- How many defendants have posted their bail on the same day
- Where you are on the line
An experienced bond dealer can help you make the process seamless. At Fausto's Bail Bonds, we are proud to say that our agents are ready to support you and answer all your questions. We also know that an emergency can occur at any time. We offer our services 24/7, and you do not have to worry about seeking assistance even after regular business hours.
Own Recognizance
Sometimes defendants in specific crimes are released from police custody after promising to attend court hearings. It is known as an own recognizance release. Instead of paying bail, the accused agrees to comply with bail conditions.
However, you are not eligible for the OR release if:
- You are charged with a misdemeanor, but the court discovers that your release will compromise public safety or does not reasonably guarantee your attendance to subsequent court hearings.
- You are charged with a violent felony
Before the judge grants the OR release to a defendant prosecuted with a violent crime or felony with criminal threats or intimidation of a witness, they will schedule a hearing in court once the defense lawyer and the prosecution receive a two-day notice of the court hearing. Then the judge will consider:
The accused previous court appearances
- Ability to post bail
- The maximum penalties the court can impose
- The accused person's community ties
- The possible threat if the accused is released, including previous violent conduct and proof of the defendant's threat
If released on OR recognizance, you should agree in writing that you will obey all court-imposed bail conditions, including appearing at all court-ordered places and times.
How an Experienced Coachella Criminal Defense Lawyer Can Help You With Bail
During a bail hearing, the judge's primary goal is determining whether you are a flight risk or pose a threat to your community if released on bail. If you hire a criminal defense lawyer, it conveys a message to the judge that you are dedicated to fighting the criminal charge and intend to remain in Coachella. Seeking legal representation in itself is an investment to improve your life and fight for your rights and freedom.
Legal representation in your bail proceeding can also lead to a reduced bail amount or an O.R release. It would be wise to hire a defense lawyer acquainted with how a specific judge handles Coachella bail bonds decisions. For instance, while one judge can be skeptical of victim restitution, another will only release the accused if a loved one vouches on the defendant. It goes with saying that you cannot overlook the value of a lawyer familiar with the California judicial system and with a solid professional relationship with prosecutors.
Additionally, the lawyer can present favorable evidence to the courtroom that can cause the judge to reduce your bail amount. For instance, they can bring witnesses testifying of your good character and community connections. And if the judge is hesitant to grant bail, the lawyer can recommend your release conditions.
Commonly Asked Questions About Coachella Bail Bonds
Few people know much about bail and Coachella bail bonds until their loved one is under arrest. Then you require a crash course. This section is a quick reference to the frequently asked questions.
Is Your Bail Bond Premium Refundable?
The 10% premium you paid your bondsman is non-refundable, irrespective of your case outcome and appearance in all court appointments. The agent will receive a refund of the bail from the court once your case is closed, provided you showed up to court. However, they will keep the 10%, which is how they earn a living.
What Should You Do After Realizing that You Have a Bench Warrant?
If you believe you have an arrest warrant or have received a call informing you of the warrant, do not hesitate to contact your bondsman. The agency will contact the police department or court and obtain the necessary information. It would help if you acted promptly. If the police pull you over, they can tow your car. You can end up in police custody over a holiday or worsen what happens when your minor child is accompanying you.
Who Qualifies to Be a Co-Signer?
A co-signer should be above 18 years and working. The essential part is that the individual is willing to be liable if the accused skips bail. Therefore, the co-signer should ensure the defendant attends all scheduled court hearings until the criminal case is closed.
Police Department, Courthouse, and Jail, Contact Information, and Location
Riverside County Sheriff’s Department
Phone: (760) 863-8990
Superior Court of California, County of Riverside- Palm Springs Courthouse
Phone: (760) 393-2617
Riverside County Blythe Jail
Phone: (760) 921-5780
Robert Presley Detention Center
Phone: (951) 955-4500
Contact a Skilled Bail Bondsman Near Me
Being arrested after committing an offense in Coachella can be overwhelming. However, not every defendant qualifies for an own recognizance release, and you have to post bail to secure your release as you await trial. If your charges are severe, the likelihood of the judge setting a high bail amount that can be challenging raising is high. Fortunately, you can consult with Fausto's Bail Bonds. Our compassionate agents can stand with you through your release process. Please call us at 855-328-7867 and let us assist you in securing your release promptly.