Learning that your loved one has been arrested and detained is a difficult experience. The situation is worse when you are the person sitting in jail. Following an arrest for committing a crime in California, law enforcement officers will book you into a jail cell as you wait for your criminal case proceedings. Criminal cases take a while to resolve, and remaining in custody could take away from the time you need to spend with your family during this difficult time.
Fortunately, California law allows you to secure a temporary release by posting bail. The bail money guarantees you will return to court and follow up with your case. In California, bail amounts are often very high, making it difficult for most defendants to pay in cash. Even when you cannot pay the bail, you do not have to let a loved one sit behind bars. You can contact a bail bonds agency for assistance. At Fausto’s Bail Bonds, we offer the finances and expert guidance you need to post your loved one’s bail in Temecula, CA.
What is Bail?
Bail is an amount you pay to the court in exchange for a defendant’s release from the cell with a pending criminal case. You will be held in a detention cell following your arrest for committing a crime. The court will schedule a hearing to determine your eligibility and the amount you need to pay. The main purpose of the bail hearing is for the defendant to convince the court that they plan to appear on the trial date.
Often the court will rely on these schedules as the basis for your bail setting. Bail schedules are lists that indicate the criminal offenses and the exact bail amount needed for each. In the schedules, the crimes are categorized in severity, making bail for felonies higher than for misdemeanors. You can see the amount in the schedules if you were arrested with a warrant.
However, for most defendants, the judge modifies the bail amount depending on the specific factors of your case. While bail is a right for criminal defendants in California, a judge could order that you be held without bail under the following circumstances:
- You face serious charges. The court could hold you without bail if you face charges for a serious crime like murder or other offenses that attract life imprisonment. This is because the potential consequences of your crime can motivate you to skip bail.
- You pose a threat to society. While maintaining a defendant’s integrity through a bail release, the court is keen on protecting other people. The judge would deny your bail if you committed a crime threatening public safety.
- You are a flight risk. Posting bail guarantees that a defendant will follow through with the court case. Therefore, bail denial is possible when there is a history of you skipping bail or failing to obey court orders.
- You are on parole or probation. Committing a crime while on probation or parole violates your probation conditions. Therefore, if you are arrested while on probation, the court can order that you remain in jail until your case is resolved.
- You are a fugitive. If you are arrested after running away from law enforcement in another state, you will not be eligible for a bail release in California.
Types of Bails
Several types of bail are available to ensure a defendant’s release from custody, including:
A recognizance release means that you would not make a monetary commitment to the court for a release. In California, a recognizance release is reserved for offenders facing minor criminal charges. When the judge orders your release without bail, you must sign a note promising to return for trial. Even when you do not pay for a release, the court can still attract strict bail conditions for your release.
Cash bail is the most acceptable way to ensure a defendant’s release. Posting bail in cash is possible when you have the necessary finances needed for the bail. In California, bail amounts are often very high, and you must present the full amount before the defendant’s release.
The court accepts cash bail in cash, bankers' checks, or traveler’s checks. While cash bail is fast and convenient, most people avoid it because of the financial burden you must shoulder. The risk of losing money is high when a defendant fails to attend the trial.
When you lack enough money for cash bail, the court can allow you to present property in exchange for a temporary jail release. If you want to use your property, you must pledge its real value to guarantee that the defendant will not skip bail. A property is only acceptable as a bond when its value exceeds 150% of your entire bail amount.
Before your property bond is accepted, you must prove property ownership. Additionally, you should present all relevant documents on that property.
Arrests are unexpected occurrences. Therefore, most people do not have the cash or property necessary to post bail. Bail bonds are the most commonly used method of securing a defendant’s release. Immediately after learning of a loved one’s arrest, you can contact a Temecula Bail Bonds company and request bail. The agency sends a representative to assess your case and determine your eligibility.
Before calling the bail bonds company, you need to have this information about the defendant:
- Full names
- Jail, where the defendant is detained
- Nature of their charges
- Bail amounts required to secure their release
If you are eligible for a bond, a Temecula Bail Bonds agent will present the full bail amount required to secure the defendant’s release. As a payment for the bond services, you will be responsible for up to 10% of the bail, which acts as collateral. When entering the agreement, you may need to provide collateral. Collateral can be real estate properties, vehicles, or other valuable items.
Role of a Temecula Bail Bonds Agent
When you contact a surety bonds company to help bail a loved one out of jail, the company sends a bail bondsman to handle your case. The roles of the bail bondsman include:
Bail Bond Assessment
Not all defendants who cannot pay a cash bail will be eligible for a bail bond. One of the main roles of your Temecula Bail Bonds agent is to determine whether you and the defendant are qualified for bail bond services. The bail bondsman will investigate the defendant’s background to determine their criminal history and flight risk. If you seek to bail someone out of jail and the surety company discovers that they have a history of skipping bail, the request for a bond could be denied.
Another factor that the bondsman will assess is your ability to pay for the bonds. Since you are responsible for the financial aspect of the bond. Therefore, your ability to pay the 10% premium and provide collateral is key.
A bail bond is a contract between the court, a surety company, and a defendant. Therefore, numerous paperwork is required. If the company agrees to offer the bail bond for the defendant, the bail bondsman is tasked with filling out all the necessary paperwork. The agent will then go to court, provide the finances needed, and secure the defendant's release.
Intermediary Between the Court, Defendant, and Bail Bond Company
While bail bond agents spend most of their time seeking new clients and bailing people out, they must keep in close contact with you and the agency. When potential clients contact the company, the bail bonds agent must be available to meet them and attend to their needs. When the court releases you on bail, the bail bonds agent can help you understand your bail conditions and ensure that you follow them.
Client apprehension is the role of a bail bondsman that most individuals know since it is depicted in television shows and movies. When the bail bonds company enters a contract with you when securing your loved one’s release, the bail bond agent shoulders the responsibility of ensuring that the criminal defendant shows up in court for their trial and other court proceedings or trial.
Failure of a defendant to show up can result in bail forfeiture and a loss for the company. If a defendant skips bail, the agent can hire a bounty hunter to find them and bring them to custody. This will help protect the company’s financial interests.
Do I Receive my Bail Money Back?
Bail is not part of the punishment for your criminal acts. You can recover your money from the court. The fate of your bail money can be a refund after exoneration or loss through forfeiture:
When your case ends, you can recover the amount you paid as bail. Whether or not you face a conviction will not affect your ability to recover the money. However, you will only recover the money if you appear for all your scheduled court proceedings. Additionally, you must have obeyed and followed through with the bail release conditions.
If you paid your bail in cash, you could collect the full amount a few weeks after your case's end. The court lifts the lien placed on the property for defendants who post a property bond. If you used the services of a Temecula Bail Bonds agent to secure the release, the agent would collect their money. You must understand that even when the bail bond company recovers its cash, your bail bond premium is non-refundable.
Bail forfeiture occurs when you lose the amount you paid as bail to the court. The court will forfeit your bail in California if you fail to attend court proceedings or trial. Additionally, violating the bail release conditions could cause you to lose money. If you post cash bail and the defendant flees, you can lose the entire amount. In addition to losing money, another consequence of a bail forfeiture is the inability to qualify for a bail release for future arrests.
On the other hand, if you post a bail bond and the defendant doesn't show up as scheduled, the court allows the Temecula Bail Bonds agent some time to find the defendant and take them back to court. In return, the surety bond company hires licensed bounty hunters to arrest you.
If a bounty hunter does not find you, the amount paid by the bail bond company is forfeited. In cases where a bail bond company loses its money through a forfeiture, it will sell the collateral you provide for the bail bond to recover its money.
Jails in Temecula, CA, include:
Southwest Detention Center
Robert Persley Detention Center
Courts serving Temecula, CA, include:
Superior Court of California Southwest Justice Center
Find a Competent Bail Bonds Agent Near Me
When you are arrested and placed in police custody, you can be released on bail. Bail is the agreement between a defendant and the court, and the defendant promises to attend their trial and other court proceedings after a release with a pending case. Failure to post bail means you will remain in custody until the court decides on your case. While in jail, you will miss out on time with your family, and you could lose your job.
You can pay your bail in cash, property, or through bail bonds, depending on the availability of resources. In California, most individuals opt for a bail bond since it is cheaper and attracts less financial scrutiny from the court. Bail bond companies offer you the finances you need to post your bail at a 10% fee. Your choice of a surety company can impact how fast your loved one is released.
At Fausto’s Bail Bonds, we understand the challenge of watching a loved one rot in jail. Our Temecula Bail Bonds agents are available 24/7 to post your bail and offer the expert guidance you need to secure your loved one’s release. Contact us at 888-700-8845.