When a person is arrested, they could be allowed to post bail and be released from police custody while their case is awaiting trial. In this article, we'll go over the basics of Quail Valley bail bonds, including the process for setting bail. We at Fausto's Bail Bonds understand your predicament at this moment, and we will do everything in our power to help you navigate the bond procedure so you can get out of jail and resume your normal life.
Bail is a sum of money that the court grants an accused person to release them from police custody while they await trial. The purpose of the court's bail determination is to guarantee the defendant's physical presence during court proceedings. If the accused person fails to show up for court proceedings, the bail amount will be forfeited, and an arrest warrant will be issued.
How Quail Valley Bail Bonds Work
If you are arrested and taken into police custody, your bail amount will be determined by a magistrate in the jurisdiction where you were apprehended. After that, a Quail Valley bail bonds firm will ask for a fee equal to 10% of the total amount of the set bail to secure your discharge from detention. California law establishes this as the standard rate.
Some bail bond firms also provide solutions that allow eligible defendants to post between zero percent and two percent of their bail amount. The bail process is generally quick and simple given that the cosigner and method of payment for the bond comply with their requirements.
How Bail is Determined
The amount of bail that the court sets can depend on several factors. For example, an individual with a significant criminal record will have their bail set at a higher sum than a first-time perpetrator.
The court will also consider whether the defendant is regarded as a flight risk. If there is a likelihood that the defendant will flee the state before their scheduled court hearing, then the bail amount is likely to be set higher than for a person who is not considered a flight risk.
The defendant's major family responsibilities will also be considered when determining bail. When setting bail, courts take into account the fact that offenders are frequently also spouses, caregivers, and parents.
The court also looks into the defendant's relationships and connections with their community. Bail can be reduced for individuals with significant ties to the community as opposed to those without. Another factor is if the defendant poses a threat to society. The risk element involved will influence whether bail will be given and how much bail is set.
Types of Quail Valley Bail Bonds
California offers a wide range of bail options, that include the following:
To post the bail amount, you need to either have the required amount of cash at hand or post a cashier's check for the required sum at the detention center. In other jurisdictions, you might be able to post bail using your credit card. Although posting bail with cash can often be the simplest option, the sums normally vary from ten thousand dollars to a hundred thousand dollars, which makes it highly unlikely that the majority of individuals will have such a large sum available.
Your cash bail payment will be reimbursed if you show up for all your scheduled court dates. In some situations, you won't be allowed to invest or use the cash in any way for a year or longer. According to California PC 1305, if you skip any court appearances, you could lose your right to cash bail and won't get it back.
If you've posted cash bail, it can take between six and twelve weeks to get back your cash bail from the jurisdiction once the case is over. Additionally, if you’ve posted a cash bail and the defendant doesn't show up, the bond posted would be "forfeited," and the bail bond agent will have 180 days to find the defendant, take him into police custody, or call the police to have him arrested. Your monetary bail will be permanently lost to the State if the accused person is not taken back into custody after 180 days have passed.
Most individuals will choose to post bail using a bail bond because they don't have enough funds to post bail with cash. Bail bonds are legally binding agreements between the defendant and the bail bond company. You agree to show up in court as required, and the bail bond agent agrees to post bail on your behalf, per the terms of this agreement.
The bail bond agent will receive the stipulated premium, which is typically 10% of the court-set bail amount. This fee isn't refundable. However, the bail bonds company could lower the premiums to 8% of the bail sum if the defendant is referred to the bail bond agent by a lawyer.
If you don't show up for a court hearing, the bail bond agency will lose the bail money posted. As a result, your Quail Valley bail bonds agent will likely have a strong motive to keep an eye on you to ensure that you show up for all scheduled court hearings. If you do not appear in court, the agent will be responsible for finding you.
In most cases, a bail bonds agent will request collateral before posting your bail. This could be a vehicle, house, or other valuable asset you own. This collateral could be used to cover the loss of the bail sum if you fail to show up for a hearing.
You can post a bond in the form of property as an alternative to posting a cash deposit or paying the required fee to work with a bail bond company. You can guarantee your court appearance by posting the equity in real estate you own. However, the equity value should be worth at least two times the amount of the bail sum.
For example, if the bail amount is set at $10,000, the court has to be convinced that the equity value of the asset that will be placed as bail is at least $20,000 before it can be posted. A recent appraisal of the property, disclosure of any liens, and a professional estimate of the property's equity is necessary when obtaining a property bond.
If the court determines there is sufficient equity in the asset, it will approve the property bond and discharge you from police custody. If you don't show up in court when summoned, the authorities in question will levy a lien against your property. To recoup the cost of bail, the local county will proceed to foreclose on the asset in question.
It can take a lot of time to prepare a property bond and submit an official appraisal. Because of this, property bonds aren't usually sought after. However, if a defendant lacks the money to post bail with cash or make payments to a Quail Valley bail bonds company, a property bond would be another.
Releasing The Perpetrator On Their Own Recognizance
The court can discharge you on your own recognizance if they have adequate confidence in you being able to keep your word to show up for court. You will be freed after giving a written assurance that you'll appear in court on all scheduled dates, without the need for bail. This occurs more frequently in misdemeanor cases than in felonies.
The Co-Signer's Responsibilities
If you agree to post another person's bail, you accept additional responsibilities beyond the financial contribution. You will also be held accountable for:
- Ensuring that the defendant shows up to court when it is scheduled.
- Ensure that the defendant discloses any upcoming court dates to their Quail Valley bail bonds company.
- Paying any premiums that are required.
Responsibilities Of The Defendant
A defendant who has been discharged on bail takes responsibility for his or her conduct after being freed. The following obligations are placed upon defendants:
- Checking in with the local Quail Valley bail bonds company to fill out the proper paperwork after being discharged from detention. At this stage, the accused will be notified of upcoming court hearings.
- Defendants are also required to inform their bail bonds agent in person or by phone of any new dates for the court hearing.
- The defendant is required to show up for all planned court appearances.
Failure to Appear in Court
If you miss the scheduled court dates, you could be charged with a felony or misdemeanor crime. You risk losing ground in your legal case and shouldn't count on another chance to be granted bail. Once you've been detained again, you'll likely remain in custody until your forthcoming court dates. If you fail to show up in court after posting cash bail, you will lose both the money you posted and any other security used as collateral.
Failure to appear in court after securing a bail bond leads to the loss of the bond amount posted by the bail bonds company. The bail bonds company has six months to turn you over to authorities so they can recover their money. Bail fugitive recovery agents, also known as bounty hunters, are frequently engaged to locate and apprehend escapees.
Benefits of Bail Bonds
An accused person who has been released on bail has several legal and personal advantages. They include the following:
- If the person in question is someone you care about, you could show your support and love for them by assisting them with posting bail.
- The accused can go back to work, go to school, and keep up with their family.
- It gives the accused person time to build a legal defense against the allegations they are facing.
- It protects the offender from receiving punishment before being officially found guilty.
FAQS on Quail Valley Bail Bonds
The following are some frequently asked questions about Quail Valley bail bonds:
How Long Will I Be Detained If I Fail To Post Bail?
If you are unable to pay bail in your case, or if bail was not granted, you will be held in detention until the day of your trial. According to California law, the courts have to continue as swiftly as possible to prevent unnecessary incarceration time.
What Do I Need to Post Bail for Someone?
The conditions for posting bail are straightforward. The cosigner should, first and foremost, be a legal citizen of the United States who is eighteen years of age or older. When posting bail, you'll also need to include three other items in addition to the basic requirements.
- Valid identification documents, like a state ID or driving license.
- A copy of a recent pay stub or other verifiable proof of income.
- Proof of residence, such as a recent utility bill.
Additionally, you should be able to offer the following details:
- The allegations against the defendant.
- The institution where the individual in question is detained.
- The defendant's birthdate.
- The defendant's jail booking number.
How Long Does it Take to Release an Individual After Bail is Posted?
This depends on the location of the arrest and the detention facility where the accused person is held. However, many jails free defendants within four hours. In other situations, the defendant can be freed in less than thirty minutes.
Does a Bail Bonds Agent Need to Go to Court with the Defendant to File Paperwork?
No, the bail bonds company is not in charge of ensuring that the defendant abides by the conditions of their bail bond contract. It might be beneficial for the bail bonds agent to be present to ensure that the defendant does as required, though, if they have worries that they won't.
Can I Leave The State While Out On Bail?
While out-of-state travel is sometimes authorized under the terms of your bail discharge, the agreements are mainly focused on domestic travel. In most cases, you won't be able to travel abroad unless you're considered a low-risk offender.
Quail Valley Court and Jail Information
Superior Court of California, County of Riverside
Robert Presley Detention Center
Find a Quail Valley Bail Bonds Agency Near Me
If you or someone you know is in police custody and requires the assistance of a seasoned bail bonds firm in Quail Valley, do not hesitate to reach out to Fausto's Bail Bonds. We are available every day of the week, including holidays and weekends. Call us now at 951-445-4455.