BY |
If you are arrested in the state of California, then you may be given the option of posting bail. If you don’t have the money to post bail, then hiring a bail bondsman is usually the best course of action.
Understanding Bail Bonds in California
So, how does bail bonds work in CA? The process is very simple. Bail is a financial agreement that’s made between the defendant and the court. It allows the defendant to be released while they wait for trial. The total cost of the bail will be set by the judge, and it helps to ensure that the defendant shows up for the arranged trial date.
Paying for a Bail Bond in California
When paying for your bail bond, you have a few different options.
Cash Bond
This is the most common type of bail in the state of California. The defendant, or someone else on their behalf, pays the full amount to the court. If the defendant appears in court, then the money will be returned.
Bail Bond
Another option would be the bail bond. This is a contract between the court, the defendant, and the bail bond agent. In instances like this, you will pay a non-refundable fee to the bail bond agent. They will then pay the full bail to the court. If the defendant does not appear in court then it is the bail bondsman who is liable for the bail, and a warrant will be issued for arrest.
Property Bond
You also have property bonds. The defendant will offer their property as a form of collateral. If the defendant fails to appear in court then the property will be sized and put into foreclosure.
The Process of Bail Bonds in California
So, what happens when you are arrested, and how does bail bonds work in California? The first step is always booking and processing. When someone is arrested and taken into custody, fingerprints and photographs are taken. This can take between 2 and 8 hours to complete. When this step has been completed, the bail will then be set.
You can then speak with a licensed bail bondsman. They will then ask you a few questions about your case, before beginning the process. You will fill out a bail application, and a contract will be drawn. You can complete this via email if you’re not able to meet the bail bondsman in person. The cost of a bail bond is always 10% of your bail amount. If your bail is set at $40,000, your bond will be $4,000.
How California Bail Bonds Work
How bail bonds work in California is very different from how they work in other states. This includes how much of the bail has to be paid in cash. In California, what percentage of a bail bond has to be paid in cash doesn’t depend on the case, as it is always 10% of the total amount. This is a hard cap in the state, so you will never pay more than this percentage when securing bail.
What to Do When Someone Skips Bail in California
So, how do bail bonds work in California when someone skips their court date? As a general rule within the state, a bail bondsman will usually hire a bounty hunter. They have between three and six months to find the defendant and return them to the court. If they are unable to find them during this timeframe then the person who acted as the guarantor for the defendant will be liable for the full amount of the bail bond, as well as any expenses or premiums that might have arisen as the result of them not attending court.
Recouping Bail Bond Forfeitures in California
If you fail to appear in court then the court will keep the bail money. You will also have a warrant issued for your arrest. If you have a very valid reason for missing your court date then you may be able to work around this. If you were ill, or if you had an emergency then you should tell the court beforehand, as well as provide sufficient evidence supporting your claim. If you put up a property bond, then the court will put a lien on the home. In the instance of a bail bond, your bail bondsman will pay the entire amount. They will then go to you, or your co-signer to recover the cost.
The Role of Bail Bond Agents in California
Bail bond agents act as a middleman, between the defendant and the court. They post the bail money and take responsibility for the defendant appearing in court.
Commonly Asked Questions about Bail Bonds in California.
If you have any questions about bail bonds in California, take a look below.
How do I Find out my Charges?
If you want to find out your charges, then your bail agent will have access to this information. You can call them 24 hours a day.
How do I Pay my Bail Bondsman?
Visa, Mastercard, Discover, American Express, checks, and cash are all accepted when paying for a bail bond.
What Happens if I Don’t Post Bail?
If you don’t post bail then you will have to stay in custody until the court determines that this is no longer necessary. One scenario here wouldn’t be releasing an O.R. This stands for Own Recognizance. Someone will be released based on their word that they are going to show up. You’re more likely to be able to take advantage of this if you don’t have a criminal record, or if you have a strong history of showing up in court when asked.
How Long Will It Take to Get Released After Posting Bail?
The time to be released after posting bail is between 3 and 7 hours. Release times from a city jail may be much faster, and factors such as short staffing can be influential.
If you need help posting bail, or if you want to know more about the process then all you have to do is get in touch with us by clicking here. We’d be more than happy to help with your case.