After your arrest, you do not have to stay in custody. You should do everything possible to get out of jail. According to the law, the prosecutor must prove that you are guilty to be convicted of an offense. Sadly, determining your guilt takes a long time because of the nature of the justice system. The law provides a way out for you to ensure that you do not remain in custody for an extended period awaiting trial. You can secure your freedom from custody by posting bail, whereby you will be out of jail as the court determines your case. However, you must attend all court proceedings and comply with the bail conditions.
There are several ways of posting bail, the common ones being a cash bail or a surety bond. Most people do not have sufficient income to post a cash bail. For fast and reliable bail bond services in Rancho Santa Fe, contact Fausto's Bail Bonds. You can seek the services of our experienced Rancho Santa Fe bail bondsman if you or your loved one is in jail.
Rancho Santa Fe Bail Bonds
According to California law, an arrestee is innocent until proven guilty. A bail system is often provided, which ensures that a defendant does not stay in custody awaiting trial. Bail guarantees that a defendant does not escape as he/she attends the court proceedings. Bail is often an asset or money that an arrestee offers to the court as a promise to appear for a court trial. If you post a cash bail, the court will keep the bail money throughout the trial and return it, provided the defendant attends all the court hearings. The court could forfeit the bail if the arrestee fails to attend proceedings, even once, or violates other bail conditions.
In the case of Rancho Santa Fe bail bonds, a bail bondsman guarantees that you will pay the court the full bail amount if you fail to attend court hearings. In return, you pay a bail bond premium to the bail bondsman. A bail bond premium is usually 10% of the bail amount. You can pay the bail bond premium as a lump sum or work on a repayment schedule with your bail bondsman.
Setting Of Bail In Rancho Santa Fe
The primary purpose of bail is to ensure that an offender shows up for the set court dates. The U.S. Constitution prohibits excessive bail, and judges must consider factors like flight risk and public safety when setting bail amounts. It can be hard for a defendant to post bail if it is set too high. The bail schedule in California guides the courts on the amount of bail to set.
Many jurisdictions in the United States, including California, have a bail schedule—the schedule outlines the right bail for various misdemeanor and felony cases. The bail amount could be as low as $300 to $1,000. Felony or serious crimes will attract a high bail. For example, an offense like rape can attract higher bail amounts.
The arresting officer in California can release an offender from jail if the offender posts bail at the precinct. You could remain in custody until your bail hearing if you are accused of a serious offense or are a repeat offender. The bail hearing is often presided over by the judge. The judge's discretion is to decrease, increase bail, or release you during the hearing without posting bail. The judge also has the power to deny a defendant bail based on the circumstances of the charges and their criminal record.
Bail Hearing In Rancho Santa Fe
The judge will set the bail during a bail hearing. A bail hearing is the initial appearance you make in court. The purpose of the hearing is not to determine guilt or innocence but to set the bail amount. It is, therefore, vital to secure the services of a skilled criminal attorney when showing up for a bail hearing. The attorney can negotiate with the judge to lower the bail amount or drop it altogether and set you free on your own recognizance.
During the bail hearing, the court will take into account certain factors. Some of the factors that will be considered will include:
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The danger you pose to society should the court release you
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Your financial status and any financial duties
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Your flight risk
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Your criminal history
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The seriousness of your violation
While some jurisdictions have experimented with risk assessment tools, California has moved away from using bail algorithms due to concerns about fairness and bias. The algorithm establishes the likelihood of a defendant committing another offense once he/she is released or skipping the court proceedings.
Posting Bail In Rancho Santa Fe
The next step will be posting the bail once the judge sets your bail. You can do so by securing the services of a Rancho Santa Fe bail bondsman, surrendering an asset as collateral, or posting a cash bail. It is advantageous to use cash bail because you recover your cash once the case ends, regardless of the outcome. However, you might not have enough money to post bail in cash. Bail bondsmen often charge a ten percent fee. For example, you will pay a bail bondsman a non-refundable fee of $2500 if the judge sets bail at $25,000. Securing the services of a bail bondsman is better if you have insufficient cash or assets to post bail.
Failing To Attend Court Hearings
Skipping a court proceeding can have severe financial and criminal consequences. For example, a bail bondsman can seek a bounty hunter's services if you miss a court trial. The law permits bounty hunters to pursue and take you back to jail. The law also permits bounty hunters to access your home to make the arrest. However, a bounty hunter should use reasonable force while discharging their duty.
According to the law, the judge can order the bail bondsman to post the bail amount if you disappear. The bail bonds provider will suffer substantial losses in this situation. The bail bondsman will incur the cost of hiring bounty hunters to come after you.
Your Rancho Santa Fe bail bondsman can demand collateral before posting bail for you. The value of your collateral must exceed your bail amount. Some collateral a defendant can use includes a rare painting, a piece of land, a car, or jewelry. You can request a family member or friend to be your cosigner if you have insufficient collateral. The bail bondsman can use the assets of a cosigner as security.
Bail Revocation And Its Consequences
The judge can revoke the bail if you fail to attend the court proceedings. A defendant will no longer have the right to be released from jail if the judge revokes their bail. It is also a serious offense to skip a court trial in California. You will face initial and additional charges for failing to appear in court if the police re-arrest you.
The judge can revoke the bail if you commit another offense while out on bail. This can happen if you violate other bail conditions. Additionally, the law permits the judge to forfeit your bail if you skip your court trial.
You must observe all bail conditions. You will face an arrest warrant if you violate bail conditions or fail to attend court proceedings. Once you are re-arrested, the court will revoke the bail and take you back into custody for the remaining trial period. What will follow can be the forfeiture of your bail once the judge revokes it. In this case, the court will take over any cash or property you had used as bail. However, the court will inform the bail bondsman who posted the bail on your behalf before it forfeits it. You could lose your cash and freedom if you skip the court hearings or violate the bail conditions. On the other hand, you can avoid the forfeiture decision if you have a valid reason for not showing up for a court trial.
Bail Reinstatement
The judge can reinstate your bail after forfeiting it. The law allows you to petition the court to have your forfeited cash refunded. You can achieve this by filing a reinstatement motion. According to the law, you must do this within a year from the date the cash was forfeited. The judge will decide whether the bail amount will be reimbursed. Reimbursement can be done under some conditions, including:
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If the authorities did not incur any expense while pursuing you
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You did not intentionally violate the conditions
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Providing sufficient evidence that you did not know about the specific condition you violated
Bail Denial
Generally, the law permits defendants to seek release from custody on bail. Unfortunately, qualifying for a release on bail is not automatic. The court will first examine your criminal history and your case's circumstances. The prosecutor can request the judge to deny you bail if you pose a danger to the community. You can also be denied bail if you are convicted of the following offenses:
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Committing a "strike" crime if you have two past strike crimes. Certain felonies are categorized as strike offenses in California. These strike offenses will enhance your jail term.
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Charges associated with drugs with a possible jail term of ten or more years
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Capital crimes that attract a penalty of life imprisonment or death.
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Violent offenses
Although the above offenses can disqualify you for bail, they do not disqualify you automatically from securing bail. The prosecutor must provide enough evidence for the judge to deny you bail. The following will also be considered in determining whether to release you on bail:
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The danger you pose to society should the judge set you free
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The seriousness of the offense you are accused of committing
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The nature and circumstances of the crime
The court will also take into account the following:
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Your general demeanor and characteristics
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Your criminal record, and
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The prosecutor's evidence against you
The characteristics the judge will consider include:
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Family ties
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Your employment status
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Any record of substance abuse and
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Other similar parameters
The court can deny a defendant bail, but the judge must explain in a written document why he/she did so. The law permits you to file an appeal against bail denial, but your chances of winning the appeal are often slim.
Determining Flight Risk
Your level of flight risk is another reason why the judge can deny you bail in Rancho Santa Fe. High flight risk means that there are high chances of a defendant escaping if the judge sets them free on bail. The court will rely on the following when determining a defendant's flight risk:
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Statements from community leaders
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The information you provide, and
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Investigative reports
You should consult a competent attorney to demonstrate that you are not a flight risk. The court will evaluate your flight risk by considering the nature of your charges. You are more likely to flee if the crime you are accused of carries a life or a lengthy prison sentence. The court will predict the potential conviction based on the strength of the evidence. The risk of flight increases with stronger evidence. The judge can also take into account your financial status. You can easily skip court hearings if you are more financially stable. The court will also check if a defendant has a history of skipping court trials or if he/she has had a previous conviction.
Jail Information
San Diego Central Jail
1173 Front St, San Diego,
CA 92101, United States
Court Information
San Diego Central Courthouse
1100 Union St, San Diego,
CA 92101, United States
Find An Experienced Bail Bondsman Near Me
Facing an arrest can be detrimental, given the potential consequences of a criminal conviction. When law enforcement officers arrest you and place you in custody, you should strive to seek a prompt release from custody. At Fausto's Bail Bonds, we have committed Rancho Santa Fe bail bondsmen who can bail you out of jail within the shortest time possible. We will not keep you waiting when you contact us. Our bail bondsmen are located in convenient locations close to the main jails. Contact us at 951-445-4455 to speak to one of our bail bondsmen.