When arrested for criminal acts, you are booked in a jail cell before being arraigned in court. You are expected to remain in the cell until the court schedules your trial. However, California law allows criminal defendants to secure an early release by posting bail. Bail assures the court that you will return to court for trial and other proceedings.
The judge sets your bail on your first court appearance. Factors like the severity of your charges and your flight risk will help determine the amount you need to pay. You can post the bail in cash if you have the full bail amount. California law is known for setting high bail amounts, even for minor crimes.
If you cannot afford a cash bail for your loved one, you can explore other options like property bonds and bail bonds. When you choose to post a bail bond, the bail bondsman will post your loved one’s bail at a 10% service fee. If you want to secure a bail release for your loved one in Nuevo, CA, you will benefit from our expert services at Fausto’s Bail Bonds.
Understanding Bail Bonds in California
Posting bail is a critical part of the criminal justice process. Bail money acts as a guarantee that when you are released from jail before trial, you will follow through with your case. The bail process begins when law enforcement officers arrest you on suspicion of committing a crime.
After your arrest, you will be taken to the police station for booking. The booking process involves taking a mugshot and noting your identification information. Your bail amount will be set in your first appearance before the judge. Posting bail is optional. If you do not post bail, you will remain in jail until your trial takes place and the court determines the outcome of your case.
Factors Affecting Bail Amounts in California
Several factors will impact the amount you must pay as bail for your loved one. The bail calculation begins with the bail schedules. The bail schedule lists crimes under California law and the basic bail amount required for each. On the bail schedules, the crimes are categorized according to their seriousness. Often, the bail amount for felonies will be more than what is necessary for a misdemeanor.
If your bail amount is attached to the arrest warrant, you will pay the amount indicated on the schedules. However, for most charges, the judge will adjust the amount on the schedules using the following factors:
- Flight risk. When you are released from jail on bail, the court requires you to return for all court proceedings related to your case. A person’s flight risk is their likelihood of fleeing to escape the consequences of their actions. The court will increase the amount on the bail schedules for individuals with a high flight risk.
- Severity of your crime. The judge will consider the seriousness of your crime when determining your bail amount. Often, the seriousness of your crime may impact your likelihood of flight. Bail will be higher for defendants facing charges for serious crimes.
- Community ties. When you have strong ties to the community, you will be less likely to skip bail after your release. Some of the factors that the judge will consider when determining the strength of your community ties include a stable job and family in the area.
- Income and resources. According to research, a low bail may not be enough to prevent a person with a high income from skipping bail. Therefore, bail may be higher for these individuals.
- Public safety. When the court decides to release a defendant on bail, the safety of other community members is a key factor. If you threaten the safety of others, the court may impose a high bail amount or order you to be held without bail.
Types of Bail in California
Posting bail allows a defendant to go home before trial. In California, the court can take weeks or months to schedule a trial. Therefore, remaining in jail during this time can harm your life. There are several ways through which you can post bail for your loved one, including:
Recognizance Release
Not all defendants will require a monetary commitment for a release before trial. If you receive a recognizance release, you will be released without bail. Instead, you will sign a note promising to return to court for trial. Unfortunately, not all defendants can qualify for the OR release. Your loved one could be released without bail if:
- The defendant is a first-time offender. Securing a release without bail is easy for defendants without a criminal history.
- The defendant faces minor charges. Individuals facing a minor charge are less likely to flee after a bail release. Therefore, the judge may offer an OR release.
Even when you are released without bail in California, the court may impose strict bail conditions.
Cash Bail
Bail amounts are often very high in California. However, you can post a cash bail if you have the financial resources. Posting a cash bail means presenting the total amount to the court clerk before the defendant is released. Cash bail is the easiest and fastest way to secure a loved one’s release from jail.
Unfortunately, not all defendants have enough money for cash bail. When you post cash bail, the court may try to investigate the source of the funds. This will invade your financial privacy and delay the release.
Property Bonds
California law allows defendants to secure a release from jail on a property bond. Posting a property bond means presenting a valuable property or item to the court. Like a cash bail, the court will hold onto the property until your case ends. Mostly, the court will mandate that you offer property valued at 150% of the total bail money.
Bail Bonds
Arrests are unexpected events, and many people do not have money for bail. For this reason, bail bonds are the most common method of posting bail. Seeking a bail bond requires contacting a Nuevo bail bonds company for assistance. The surety company will send a bondsman to assess your case and help you post bail.
When you post a bail bond for your loved one, you will only be responsible for 10% of the total bail amount. The 10% you pay to your Nuevo bail bondsman acts as a premium for the bail bond and is not refundable. In addition to lowering your financial burden, posting a bail bond allows you to receive expert guidance through the bail process.
Another benefit you can accrue from posting a bail bond is that you will avoid financial scrutiny. The courts know that bail bond agencies have the financial resources to post bail. Therefore, they will not investigate your financial life after posting a bail bond.
Sometimes, the 10% needed for bail bond services is too high for some defendants. In this case, your bail bond agent can allow you to enter into a repayment plan. With the repayment plan, you can put a down payment on the premium and cover the balance in installments.
For some defendants, the surety company may mandate that you provide collateral for the bail bond. This will be your situation if your loved one is a flight risk or has a history of skipping bail. Collateral for a bail bond can be anything from valuable property to expensive jewelry.
Factors to Consider When Hiring a Nuevo Bail Bonds Company
The bail process can be challenging. Therefore, you will require expert guidance and financial resources to secure your loved one’s release. Finding the right Nuevo bail bonds service is the first step to an easy and quick bail bond release. You should consider the following factors when choosing a surety company:
- Availability. Arrests happen at any hour of the day. Therefore, you want a surety company that will be available to handle your case when you call. If you contact a bail bond company and the call goes unanswered, you should move on to the next company.
- Licensing. All bail bond companies in California must be licensed to provide their services in the state. When a company is licensed, you will have confidence in its ability to offer expert services. You must ask about their licensing and certifications during your first interaction with a bail bondsman.
- Reputation. You should not settle for the first Nuevo bail bond service that comes to mind. Asking around among friends and acquaintances will help you receive more referrals. You can determine a company’s reputation by the reviews they receive online. Additionally, people's experiences using their services can help you decide if the company is right for you.
- Flexibility of payment. Although a bail bond is cheaper than others, the 10% premium may be too much for some defendants. You should work with a company that offers a repayment plan for individuals who cannot cover the service fee in one installment.
- Effective communication. The bail process can be confusing for individuals dealing with the criminal justice system for the first time. Therefore, you want to work with a company that informs you about every detail of the bail process.
What Happens To The Bail Money When My Case Ends?
In California, bail is not punishment for your criminal actions. Therefore, the amount you pay to the court is refundable. If the defendant appears for trial and follows through with their bail conditions, you can collect the cash or property when the case ends.
If you post cash bail, you will recover the full bail amount up to three weeks after the case ends. The process of recovering cash bail is straightforward since you will receive a check from the court. For defendants who post a property bond, the court will lift the lien they have on the property.
When you post bail with the help of a Nuevo bail bondsman, your bail bondsman will recover the amount you paid to the court. However, you must understand that the 10% premium is non-refundable.
If a defendant skips bail or violates bail conditions, you can lose the bail money in a forfeiture. You will lose the full bail amount paid to the court if you pay in cash. Additionally, your loved one could be arrested and returned to jail after skipping bail.
The court is more lenient with surety companies. Therefore, if you secure your loved one’s release through bail and they fail to appear, the court will give the Nuevo bail bond companies some time to locate the defendant. However, the surety company will lose its money if the defendants are not found.
If your bail bond is forfeited, the bail bond company will sell the property you provided as collateral to recover the money they lost. You may be locked up in the following detention facilities if you are arrested for committing a crime in Nuevo, CA:
Smith Correctional Facility
Robert Presley Detention Center
South West Detention Center
Courts serving Nuevo, CA, include:
Superior Court of California, County of Riverside
Find a Nuevo Bail Bonds Service Near Me
Learning that your loved one or friend is in jail is challenging. The situation is more traumatizing when you face an arrest for committing a crime in California. Sitting behind bars will take away the time you could spend with your family and can cause you to lose your job. Defendants facing criminal charges in California can secure an early release by posting bail.
While bail can keep you out of jail, the bail amounts are not affordable for everyone. This can discourage defendants from seeking early release. Fortunately, surety companies offer bail bonds for defendants who cannot afford cash or property bail. When you contact a bail bonds company, they will send a bondsman to offer the financial assistance you need to navigate the bail process.
With many bail bond companies claiming to be the best in California, choosing the right one can be difficult. At Fausto’s Bail Bonds, we understand the trauma of seeing a loved one behind bars. We offer expert bail bond services to all our clients in Nuevo, CA. Call us at 951-445-4455 to discuss your bail needs.