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Everyone’s somewhat familiar with “bailing someone out of jail,” but there’s more to know about this vital part of the judicial system than what you see in movies and television shows. While it can often appear that this aspect of the legal system is a free-for-all, Wild West type of scenario, the truth is much different. There are many bail bond laws and regulations in California to be aware of, especially if you’re in need of a bail bond agent yourself.
In this post, we’ll provide something of a comprehensive guide to the bail bonds process and associated laws in California.
What is a Bail Bond?
When someone is arrested, they’ll usually have the option of paying “bail,” a sum of money set by the courthouse judge, which grants them temporary release from custody until their trial date. In some cases, bail will not be set and the defendant will need to remain in custody until their trial, but that’s rare, for instance only in cases where there’s a significant flight risk or a very serious crime has taken place. In most cases, bail will be granted, and if the defendant posts that money — or someone does it on their behalf — then they’ll be free to go home. The money is returned when the defendant turns up for their court date.
A bail bond is when a defendant uses a bail bond agent, like those available here at Future Bail Bonds, to pay the bail amount on their behalf. Once an agreement between the defendant and the bail bond agent has been agreed, the agent will submit payment to the courts, and the defendant will be free to leave. The bail bond agent charges a small fee, usually 8 - 10% of the overall fee, for this service.
Different Types of Bail Bonds
Bail amounts can come in all sizes, but they usually run into thousands of dollars. The average bail amount in the United States is more than $10,000, though it’s not uncommon for bails to be set within the $50,000 - $100,000 range.
There are different ways to post bail. The three primary methods in California are:
Property Bond
In some cases, courts will accept property bonds. To use this method, the defendant — or a family member — must post property as collateral. If the defendant fails to appear in court, then the property is forfeited to the courts. To be considered by the courts, the property must have a valuation that is at least twice the value of the bail amount.
Cash Bond
In this scenario, the defendant or a relative will pay the full bail amount in cash. If the defendant appears at all their court obligations, then the money is returned. While this is the most direct method for posting bail, it’s also the rarest — most people don’t have tens of thousands of dollars sitting around that they can use for bail.
Bail Bond
Bail bonds are used in instances where the value of the bond exceeds when the defendant can pay by themselves. The defendant works with a bail bond agent, who posts the bail in full to the court on their behalf. The bond agent charges a non-refundable fee for this service in proportion to the bail amount, usually around 8 - 10%.
How the Bail Bond Process Works
As we mentioned above, in many cases, defendants are not in a position to pay the full bail amount themselves. After all, they can often run into tens of thousands of dollars, and that’s money that many people just don’t have access to. In this case, the defendant will have to stay in jail until their court date, or they can get in contact with a bail bond agent.
So how does that process work? Let’s take a look.
Step One: The Arrest is Made
Nobody wants to find themselves on the wrong side of the law, but we all know that it happens from time to time. If the person is arrested for a crime, they’ll be taken to the local jail, where their information and fingerprints will be taken as part of the “booking” process.
Step Two: Bail is Set
Once that’s done, the defendant will be taken into court for their bail hearing. At this point, the local judge will determine whether, first of all, the defendant is eligible for bail and, if so, how much the bail will be set at. In most counties, there’s a standard bail amount for each common crime, though sometimes other factors, such as history and the details of the crime, can cause the bail amount to be set higher or lower.
Step Three: Paying Bail
Once the bail amount has been set, it’ll be decision time for the defendant. They’ll need to decide how to pay it. If they can’t pay the full amount themselves, then they’ll get in contact with a bail bond agent, like those available at Future Bail Bonds.
The bond agent and the defendant will come to an agreement regarding the terms of the bond. For example, the defendant may agree to pay the bond agent 8% of the total bail amount. Once the agreement is in place, the agent will get to work on paying the bond on behalf of the defendant. After that, the jail usually needs a few hours to process paperwork, and then the defendant is free to go home.
What Happens If You Skip Bail?
Posting bail allows a person to leave jail and return home. But it only allows them to leave on a temporary basis. As part of the bail agreement, they must show up for their court date.
If they don’t, then they’ll be considered to have “jumped” or “skipped” bail. There can be serious consequences for failing to turn up to court. For one thing, the money posted as bail will be forfeited until they do show up. If the defendant has used a bond agent to post bail, then the agency may hire a bounty hunter to locate the defendant. If the defendant has used a family member’s money or property as collateral, then they may also be lost.
The courts take a dim view of skipping bail. In most cases, it’ll be considered a criminal offense and an arrest warrant will be issued. The only exceptions for failing to show up for a predetermined court date are if it has been pre-approved by the court or if there are exceptional circumstances.
Can Anyone Be a Bail Bond Agent?
As we mentioned above, bail bonds can seem like the Wild West, but it’s not really. It’s actually a highly regulated industry, and there’s a process towards getting a bail bond agent license. If someone offers to post bail on your behalf and they are not licensed, then you should look elsewhere. It may harm your chances of being released from jail and may end up costing you money.
To get a bail bond agent license in California, a person must:
- Be a resident of California.
- Be aged 18 or over.
- Have completed 20 hours of classes and passed the licensing examination.
Once they have their license, they’ll be free to offer bail bond services. However, they must also follow other regulations as set out by the state of California, including following the ethical conduct requirements, having financial support in place to meet their financial obligations, and following fee regulations. The last point, fee regulations, is particularly important — bond agents aren’t allowed to charge more than 10% of the total bail amount. If a bond agent tells you you need to pay more, then they’re in violation of state regulations.
The Bottom Line on Bail Bonds in California
Bail bonds play a vital role within the California legal system, allowing people who are unable to pay bail themselves the chance to return home before their court date. As we’ve seen, there’s much to know about this often confusing aspect of the legal system. The bottom line is to make sure that any bail bond agent you’re considering working with is fully licensed and that they follow state regulations.
Get in Touch with Future Bail Bonds Today
If you or a loved one needs help getting out of jail today, then don’t hesitate to get in touch with us here at Future Bail Bonds. A full-service, 24/7 bail bond company, our agents are ready to help get you out of jail as soon as possible. We’re proud to be considered the leading bail bond company in California. Offering the best service and some of the lowest prices in the state, we’ll be with you every step of the way to ensure that the process of getting you out of jail is as smooth as possible. We have plenty of experience and know exactly what’s required from beginning to end.
To get started, simply get in touch with us. Once we have a few details, we can get to work on getting you or a loved one out of jail.