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A sudden phone call at night from a Santa Ana arrested loved one creates panic in your mind. The sudden panic triggers rapid thoughts in your mind. How does bail work? Is it costly? Do you need collateral? Do you need to wait for a lawyer before you post bail?
Many people make bad decisions or take too long to secure a bail release because they believe in misinformation about bail bonds. Bail bonds enable defendants to secure their release from jail through financial arrangements before trial. Under California Penal Code 1276, licensed bail bondsmen provide bail bond services by paying the full bail amount for defendants who cannot pay cash in exchange for a non-refundable premium.
The public holds multiple myths about bail procedures, which cause additional anxiety, prolonged detention, and financial problems. This article quashes widespread bail bond myths in Santa Ana. Some of the misconceptions are:
Bail Bonds Are Expensive
People commonly believe that obtaining bail bond services exceeds their financial capabilities. People panic upon learning that California bail amounts span from thousands of dollars to more than $100,000 because they mistakenly believe they need to pay this substantial amount for bail release. Some people hold the mistaken belief that bail bond companies charge hidden fees or exploit clients who need help in emergencies.
Reality: Bail Bonds Are More Affordable Than You Think
While bail itself can be high, Cal. Ins. Code 1800 limits the premium rates for bail bonds in California to 10% of the total bail amount. Therefore, bail bond companies should not charge more than 10% of the total bail amount set by judges.
When a judge establishes bail at $50,000, the maximum fee a bail bond company can collect is $5,000. Bail bond companies provide special price reductions to military personnel, union members, and people with private legal representation.
Most bail bond companies offer multiple payment alternatives that help families manage financial expenses. Many accept:
- Credit and debit cards
- Bank transfers and checks
- Online payment platforms like PayPal, Venmo, and Zelle
- 0% interest financing for qualifying clients
Bail bond services allow clients to make small initial payments combined with installment plans, which increases bail accessibility. Family members can pay bail expenses gradually rather than making one large upfront payment, which allows them to free their loved one from jail.
You Need to Wait Until Your Arraignment in Court to Post Bail
Many people believe that bail posting requires judicial case evaluation before being possible. Numerous individuals believe that jail detention extends to multiple days up to weeks before they can obtain their release. Unnecessary stress impacts families because they believe waiting is their only option.
Reality: Bail Can Be Posted Within Hours of an Arrest
The posting of bail can occur quickly after an arrest occurs before a court hearing. The Santa Ana jail provides a bail schedule, which determines standard bail amounts according to the nature of the charges. If defendants are arrested for non-violent misdemeanors, they can obtain their release through bail payments before a judge decides about their case.
The speed at which bail is posted determines the outcome of the situation. The delay of bail processing leads to extended jail time and higher bail costs, together with possible new legal issues, which include:
- Non-U.S. citizens risk being detained by ICE when bail remains unposted, even for a short period.
- Individuals under supervised release face extended court hearings when they remain in custody.
- Defendants with active warrants from other states will face extradition if bail bondsmen do not secure their release quickly enough.
- Adding new charges by prosecutors before the defendant's release can lead prosecutors to raise the bail amount.
- The Penal Code 1275 hold allows law enforcement to delay the release by suspecting illegal funding sources of bail.
Collateral Is Required for Bail Bonds
Among the commonly believed bail bond myths in Santa Ana is that you must pledge your house, car, or jewelry to obtain bail bond services. The widespread misconception about bail bond services discourages families from using them since they believe their property could be lost.
Reality: Most Bail Bonds in Santa Ana Do Not Require Collateral
According to the facts, bail bond acquisition does not require any collateral. A signature combined with a minimal payment is the basis for numerous people to obtain bail bonds. Bail bond companies base their approval decisions on individual circumstances through their assessment of several elements:
- The defendant’s ties to the community (employment, family, residency)
- The severity of the charges
- The defendant’s criminal history
- The financial situation of the co-signer. For example, a bail bond company would approve a bond worth $5,000 as a 10% premium from a Santa Ana resident facing DUI with injury charges (California Vehicle Code § 23153) if the co-signer maintains employment stability and good credit.
Instances When Collateral is Required
Most bail bonds do not need collateral, but high-risk defendants might be required to provide it. The bail bondsman needs collateral when three specific conditions exist:
- The set bail exceeds $100,000 in value.
- Previous court absences in the defendant's record serve as a reason for bail bond companies to request collateral.
- Serious felony charges and violent criminal offenses are among the crimes that require bail bond companies to request collateral.
- The defendant lacks significant connections to Santa Ana, and bail bondsmen classify him as someone who would flee from the area.
A bail bondsman accepts collateral through assets such as real estate property, vehicles, bank accounts, and valuable possessions. When defendants fulfill all their court requirements, the bail bondsman returns their collateral after the case.
You Need to Hire an Attorney Before Posting Bail
People commonly believe hiring an attorney before bail arrangements is necessary because they think legal representation is needed to handle the process. The incorrect belief about hiring a lawyer first delays obtaining jail release for a loved one.
Reality: You Can Post Bail Without an Attorney
Legal representation for criminal charges remains beneficial, but obtaining bail services does not require attorney involvement. Defendants can reach a licensed bail bonds company right after their arrest. Bail bondsmen operate around the clock to begin bail procedures, resulting in fast release times, typically a few hours.
The decision to postpone hiring legal counsel after posting bail proves counterproductive because it results in longer detention times because:
- The time defendants must spend in jail becomes prolonged instead of building their defense.
- Your first court appearance happens after the court appoints a public defender to represent you so you can spend multiple days in jail without legal advice.
- Early bail posting enables defendants to prevent complications, including immigration holds, parole violations, and additional bail increases in case new charges are filed.
Find a Bail Bonds Company Near Me
Learning about the bail bond procedures in Santa Ana becomes essential for defendants who need to secure a release from detention or want to assist someone. Several bail bond myths in Santa Ana cause confusion and anxiety. Some people wrongly believe bail is always unaffordable, that you must wait for court before posting bail, and that collateral is always needed.
Professional bail bondsmen offer solutions that help people secure freedom and provide crucial assistance during difficult legal situations. You can learn about bail bond procedures, costs, and legal requirements by consulting us, the Future Bail Bonds. Contact us at 714-515-5154 when you or someone close to you requires bail assistance in California.