Bail is a system that allows a defendant to be released from police custody while awaiting trial. It enables you to prepare for your case defense by working with your attorney and returning to what matters most to you (family, business, and employment). The cost can be high after the judge sets bail, making it challenging for many to afford. Fausto’s Bail Bonds, a seasoned and knowledgeable bondsman, prepared this article to help you learn more about bail, Vista bail bonds, and how your bondsman can assist you in navigating California’s legal system.
Introducing Bail
Bail is a legal concept that permits you, the defendant, to be released from police custody while waiting for trial following your arrest. Bail ensures the defendant will return to court when required while protecting society from dangerous defendants.
After your arrest, the police will take you to a police station for booking. The booking process involves the police gathering your information, like your name, criminal history, address, fingerprints, and photos.
How the Judge Determines Your Bail Amount
You can choose to pay the amount listed on the bail schedule. All counties have their own unique bail schedule with lists of crimes and the required bail amount. Please note that bail schedule amounts are not negotiable.
You can also wait for your bail hearing during your arraignment, where the judge sets your bail amount. They consider various factors like the alleged crime, your community ties, whether you are a threat to your society, and your criminal history. For instance, they will set a higher bail if you are a repeat offender.
Recently, people have criticized the California bail system and urged that it discriminate against low-income earners and black people. Due to this criticism, California has applied bail reform strategies like utilizing risk evaluation tools to decide the bail amounts or getting rid of cash bail. Nevertheless, the reforms have experienced pushbacks from Vista bail bonds companies and law enforcers, who contend that:
- The reforms will result in more accused individuals being released after posting bail
- It might increase the likelihood of skipping bail
The defendant, a relative, or a friend can post bail to secure the accused’s release. Nonetheless, if the accused can afford their bail or is charged with a felonious criminal transaction, they can seek a bondsman’s services.
After posting bail, you will be released from detention and must return to court for legal hearings. If you jump bail, the court will forfeit your bail amount and issue your arrest warrant.
Additionally, the judge can set terms for your release. These terms could include remaining within a given geographic location, not driving your car while drunk, refraining from specific individuals, and surrendering your passport. If you violate these conditions, you risk the police returning you to their custody.
When determining your bail condition, the judge considers whether you will likely flee your jurisdiction, your criminal history, and the alleged crime’s severity. Sometimes, the judge can deny bail if they think the defendant is less likely to attend their court hearing or is a threat to society.
Vista Bail Bonds Companies Role in the California Criminal Legal Process
A bondsman has considerable responsibility in the California judicial process regarding pretrial release and ensuring the defendant appears in court. The section below explores the services an experienced agency offers.
Offering Bail Bonds
Bail bonds are an alternative to a cash bond because they give you, the defendant, the chance to pay a percentage of your bail amount. By agreeing to post your bail, the bondsman is responsible for the entire bail if you miss your court hearings or violate your bail terms.
To acquire your bondsman’s services, the agency will charge you a 10% fee of your total bail amount. Whether the judge dropped your charges or found you innocent, the premium is not refundable. The premium is the bondsman’s primary source of income, and that is how they stay in business.
Offer Guidance and Assistance
Your bondsman can guide you through the process, explaining your bail terms, your role after your release, and the consequences of breaking your bail conditions. They will advise you on the California judicial system, procedures, and hearings, assisting you in preparing your trial effectively.
Moreover, your Vista bail bonds company can discuss potential case outcomes like prison sentences, plea bargains, acquittals, and dismissals to assist you in making wise decisions. Please note that the bondsman is not your legal professional, and you should employ a defense attorney who can effectively navigate the case.
Paperwork and Documentation
Your bondsman will handle your documents and paperwork to facilitate your bail process, including bail contracts, indemnity agreements, and bond applications, among other court documents. They can assist you or your co-signer in completing the relevant documents accurately, ensuring you satisfy your legal requirements to accelerate your release.
Flexible Bail Payment Solutions
Seasoned Vista bail bonds companies understand that you still have basic needs to meet after posting bail and design their accepted payment solutions to meet clients’ financial uniqueness. They allow flexible payment plans and accept different types of collateral instead of requiring the entire bail amount at once.
Nevertheless, you should meet your payment responsibilities to your bondsman. Otherwise, the judge could revoke your bail and issue your arrest warrant.
Finding and Ensuring the Accused Appears in Court
The bondsman knows they are accountable for paying the entire bail amount to the court if you violate your release conditions. Therefore, they will ensure you make all the required court appearances and obey your bail terms.
They can use different strategies and tools, like electronic monitoring and regular check-ins. They will also hire bounty hunters to apprehend and return defendants who have fled the jurisdiction to jail.
Risks and Responsibilities of a Co-Signer
After the police arrest an individual and the judge sets their bail, they may need more funds to obtain their release from custody. A bail bond company can help you, but could ask for a co-signer to ensure you attend court when required. Agreeing to become a co-signer requires caution; it comes with certain obligations and probable risks.
Generally, the co-signer can be a loved one, friend, or associate. They should have attained legal age and be financially stable (the court and bondsman will hold them financially liable if the accused skips bail).
As a co-signer, you must ensure the accused appears in court. Otherwise, you will be accountable for any fees the bail bond company incurs to find and arrest the defendant. That is why you should only agree to co-sign a trustworthy and responsible person.
If the accused skips court, the bondman has the legal right to recoup the entire bail amount from a co-signer. It means losing collateral, like real estate or other valuable assets, offered as security for the bail bond. The co-signer’s credit rating might be negatively affected if they cannot recover the bail amount.
When the accused skips bail, here is what to know:
- Encourage your loved one to surrender themselves to the law enforcers. Your Vista bail bonds company will charge you for locating and returning the defendant to detention. Do not stay with a fugitive or communicate with them during this time. Helping a person skip bail is a crime with severe and tremendous repercussions.
- Communicate with your bondsman — As a co-signer, you must keep your agency informed and aware of your situation. It will help them understand that you are neither helping the accused nor have fled with them.
- Finding out why the defendant jumped bail — Circumstances like being sick and under instructions from your doctor to remain at home, being involved in an accident, or being admitted to the hospital are viable and acceptable excuses. Claiming you did not want to attend the hearing or forgot about the scheduled court proceeding is not a legitimate reason. The court can vacate any arrest warrant and schedule another court date if the defendant returns to court within 180 days and has a viable excuse.
As a co-signer, if you believe the defendant might skip bail, you should take the following measures:
- Communicate with the accused — Discuss your court proceedings and bail bond agreement with the accused. Remember to emphasize the consequences of jumping bail. Additionally, maintain constant communication with the accused to stay updated about their plans and the challenges that could hinder their court appearance.
- Contact the criminal defense lawyer — Discussing your concerns and worries with the legal counsel can help you figure out ways to motivate the defendant to follow their bail conditions.
- Cooperate with your Vista bail bonds company and the court — Inform them about your concerns and request that they terminate your indemnity agreement. That way, the defendant will be re-arrested and returned to police custody.
Debunking Common Misconceptions About Vista Bail Bonds
It is essential for the knowledgeable bondmen at Fausto’s Bail Bonds that our clients have accurate information during challenging times. When you understand the bail process, you can make informed decisions. The section below debunks common bail bond misconceptions and sheds light on the truth behind them.
Bail Bonds are Designed for the Guilty
One widespread myth about Vista bail bonds is that they are designed for the guilty. The truth is that a bail bond is a legal mechanism to ensure the accused makes court appearances, irrespective of their innocence or guilt.
You Cannot Post a Bail Bond for a Severe Offense
The truth is that defendants can acquire bonds for various crimes, including felonies and misdemeanors. The seriousness of the alleged crime is only one factor the judge considers when setting the bail amount.
The Bond Industry is Unregulated
The bail bond industry is considered shady, and many believe it is unregulated. That is false.
Vista bail bonds companies should comply with state and federal rules. The California Department of Insurance regulates them. They should be certified and licensed to operate. Failure to abide by these requirements can result in a loss of license, fines, or criminal charges.
You are Free to Go After Posting Bail
While you can leave the jail premises after posting bail, that does not imply you are lawfully free. You must meet specific obligations, including making the required court appearances. Failure to obey your release condition can result in more legal troubles.
What Happens If You Are Rearrested After Your Release on a Bail Bond?
Though highly unlikely, arrest while out on bond can potentially happen. In this case, your legal issues will become more complex.
An arrest while on bond can result in the revocation of your bail amount. The court will typically revoke your bail after you violate the court-imposed conditions. The court could increase your bail amount, impose additional terms and conditions, and file a new criminal charge, making the case more punitive. Although you could be allowed to post bail once more, the court could deny you bail if there is reason to believe you might flee town.
If the judge does not entirely deny you bail, the cost will be higher due to your new charge. They could also revoke your initial bail, denying you a chance to post bail for your subsequent charge. In this case, you will remain detained until your trial date.
If the judge revokes your bail after your rearrest, the law releases your bondsman and the co-signer from being held accountable.
Police Department, Jail, and Courthouse Contact Information
San Diego County Sheriff’s Department, Vista Station
Superior Court North County Division
Vista Detention Facility
Contact a Seasoned Bondsman Near Me
After the judge has set your bail amount, you should pay bail to secure your release. While it sounds easy, most defendants do not have the funds or collateral to post bail. It is unsubstantial to remain detained until your trial when you have an alternative. Vista bail bonds make it feasible to pay only ten percent of your entire bail amount or the amount agreed upon in your flexible payment plan if you qualify.
Fausto’s Bail Bonds is well-versed in the California bail bond process and can help you. We recognize that the sooner you are released, the sooner you can return home to care for your dependents and work, resume your everyday routine, and build your case defense. Please contact our friendly, qualified bondsmen at 951-445-4455 to get started. We are available 24/7.