Getting arrested is an overwhelming experience that you wouldn’t want to go through. Like many people, if you get yourself in this situation, you will want to be released as soon as possible, so you don’t miss time with your family and fail to attend to other responsibilities. The most effective way of getting yourself released as fast as possible is by posting bail. However, the bail required can be so much that you might not be able to afford it all at once. Thus, a bail bonds service may be able to help in order to post the bail on your behalf.
If you are in custody in San Diego, Fausto’s Bail Bonds is the ideal bail bonds service to help you or a person you love to get released from jail as soon as possible.
Understanding Bail and Bail Bonds
Bail and bail bonds are closely related terms, and several people tend to use them interchangeably. However, these two do not mean the same thing. Bail is the money or collateral you provide as insurance so that you can be released from jail. The release is on the condition that you will appear at all your court proceedings on the stipulated dates. The bail money/collateral will be given back to you if you make all the court appearances. If you fail to appear in court, you may be rearrested and forfeit the money.
Before posting bail, the court conducts a hearing to decide whether it should grant you bail and the amount to pay. The bail amount is determined depending on the type of offense you committed and the facts of your case. In certain cases, you may not have to go through this process since the bail total is already predetermined. However, keep in mind that being granted bail is not a guarantee. In severe cases, a judge may deny it. For you to be granted or denied bail, a judge will look at the following factors:
- Family relations
- Your criminal record
- If you have a substance abuse record
- Your physical and mental condition
- If you are a flight risk
- Your financial resources
- How long you have lived in the region
- If you have had a court hearing before
Contrarily, a bail bond is made on your behalf by a San Diego Bail Bonds company as insurance for you to be freed from jail as long as you agree to make all the court appearances for your trial.
Bail bonds are categorized into two:
Civil Bail Bonds
Civil bail bonds apply to civil cases. They are a surety that a respondent will pay any cost, debt, and interest determined against them.
Criminal Bail Bonds
Criminal bail bonds apply to criminal cases. They are a guarantee that a defendant will present him/herself for trial any time the court requests. They are also a surety of the payment of any fines and penalties by a defendant.
The Arrest and Bail Process
When an officer arrests you in California, you will be required to complete a post-arrest process. The arresting officer will take you either to a police station, county jail, or sheriff’s office, where you will be processed. Here, you undergo the booking process. The booking process is necessary by law so that a legal record for your arrest is established. It involves the verification of your identity, recording of your fingerprints, taking your photograph, and background review of any criminal record.
The booking process usually takes one hour to complete. However, it may take longer if many people are being booked and the location has limited personnel. When the booking process is complete, your case will be escalated to the office of the county prosecutor, who will determine whether to file charges or drop the case.
Technically, the prosecutor should take 48 hours or less to determine whether or not he/she is filing charges. However, the deadline is sometimes not met. Within these 48 hours, you will be in a holding cell awaiting the prosecutor’s decision.
Before being detained, you are given the right to a phone call. You can then contact a San Diego Bail Bonds company or your relative/ friend to let them know of your arrest, though in minor cases, you do not need the services of a bail bonds company. You can be set free after signing an agreement to appear for your court trial without fail.
If the prosecutor decides not to file charges, your case will be dropped, and you will be set free. If you are charged, the court will conduct a predetermined bail hearing to determine how much you need to post as bail for you to be released. The release process begins immediately you make bail, and its completion depends on the jail you are held.
Different Ways to Post Bail
There are three main ways of posting bail upon being arrested. They include:
Cash Bail
Cash bail is the simplest option. Here, you post the total amount of bail in cash for you to be released from jail. This option is not often used because many people do not have the necessary cash at hand.
Property Bonds
A property bond is whereby you post the value of your property, e.g., a real estate for you to secure a release from jail. This is also not common in San Diego since most people do not see it fit to place a lien on significant assets.
Bail Bonds
Bail bonds are commonly used because they enable a person to be released without spending a lot of money or risking their property. Additionally, acquiring a bail bond is simple since the bail bond company deals with the complex paperwork on your behalf. San Diego Bail Bonds companies provide different forms of bail bonds depending on the suspects and the category of offenses. For instance, we issue weapons bonds for suspects that have broken weapon laws and immigrant bonds for suspects that are non-U.S citizens.
How San Diego Bail Bonds Work
After you or someone else on your behalf has agreed with a bail bonds company, the company sends a bail bondsman to post the whole bail amount the court requires, freeing you from jail. In exchange, you agree to pay the company a given percentage of the total bail amount (usually 10%). This amount is usually not refundable.
Additionally, you have to agree to appear in court on the set dates. To ensure that you won’t fail to appear, the company may need you to provide collateral that it can sell if you don’t hold to the end of your deal.
The Consequence of Failing to Appear in Court After a Bail Release
If you fail to appear for your court hearings, you may be charged with a failure to appear offense. This means you will lose the bail amount and an arrest warrant will be issued for your arrest.
Additionally, if your bail was posted by a bail bonds company, the company will be given a hundred and eighty days to find you. The company can then hire a bounty hunter to locate you. If you are found, the company will call the police to arrest you. If 180 days pass and you have not been found, the bail amount will be lost permanently to the court.
However, if you re-appear before the 180 days end with a valid reason for your absence, the court might exonerate the bond. Valid reasons for which you can fail to appear in court include:
- You suffered severe illness or injury, including being hospitalized
- You had been detained in another jurisdiction
- You have a disability
For you to give any of the above reasons, you must provide relevant and valid documentation to prove that your absence was not just to skip your legal obligations.
Why You Can Be Denied Bail
There are situations when the court can deny you bail. Even though it is rare, it is not uncommon. The following are the reasons for bail denial:
A threat to yourself or others after being released
A judge will consider what danger you pose to yourself or the public before he/she can grant you bail. If you pose a high risk, you will most likely be denied bail. The judge looks at these factors to determine whether you are a threat:
- The seriousness of the offense you have been charged with
- Your criminal record
- If you had previously threatened the victim
- How strong the proof against you is
- The danger you pose to the victim and their family
- The victim’s statement about the danger you pose
A chance that you will fail to appear in court
Here, the court looks at your previous criminal history to see if you ever failed to show up in court. Community and family bonds will also be considered. Additionally, the judge will look at if you intentionally deceived the court in previous court appearances.
Flight risk
In case you are most likely to flee the country or state in an attempt to skip court proceedings, the judge will most likely deny you bail. In many cases, a defendant who is facing serious charges and has the chances of facing harsher penalties is the one that is most likely to flee. Thus, the court will most likely deny this defendant bail or set it very high.
Contact a San Diego Bail Bonds Company Near Me
Fausto’s Bail Bonds is a reputable firm that offers San Diego Bail Bonds services to help you or your loved one when arrested. We will come to your rescue any time you seek our services since we are a 24/7 operating firm. Our bail agents will handle all your needs with the utmost privacy and professionalism. Contact us at 619-525-9855 and let us help you get out of jail to reunite with your family.