What Is A Bail Bond And How Do They Work?
According to the law, people should be presumed innocent until proven guilty. So, a person(defendant) who is accused of any crime and arrested can be released from jail until the trial. This is possible with the help of the Bail system.
The term “bail” refers to the release of people awaiting trial, but there is a condition that they will return to the court to face charges. Each country has its own variation of bail, and some don’t even use it. Moreover, whether a person will be granted bail depends on the jurisdiction and the type of crime charged against them. The U.S. bail system primarily relies on cash bail.
The court sets the bail amount, and the accused pays that fee to be released from jail. After the hearings and the court judgment, the bail amount is refunded to the person, whether found innocent or guilty. However, sometimes the accused cannot afford the bail amount. Here comes the role of a bail bond.
This blog will give you an insight into how bail bonds work in California.
What Is a Bail Bond?
A bail bond is a financial agreement made between a defendant and a bail bondsman. Suppose the defendant can’t pay the bail amount; a bail bondsman agency does this on their behalf. The main purpose is to secure the defendant’s release from jail while awaiting trial. A bail bond is a promise by the defendant to post a surety.
It’s like a guarantee that the defendant will appear in court when required. If that person remains absent during the court hearing, an arrest warrant is issued against them. However, they are given a chance to explain the reason, but if it’s not valid, the court will keep the bail amount.
Bail Bond Process in California
Now you know that after an arrest, the defendant is sent to jail, and a judge sets the bail amount based on various factors, including the crime, criminal history, and the likelihood of fleeing. If the bail amount is too high to afford, the defendant or their family can contact a bail bondsman for assistance.
However, each county in California has a bail schedule that sets the bail amount for different offenses. A defendant can also pay the full bail amount in cash or use a bail bond agency. Not only this, if the bail amount is too high, the defendant’s lawyer can request a bail reduction hearing to argue for a lower amount. Bail bonds allow defendants to be released without paying the full amount.
You must also know that there is a provision of Own Recognizance (OR) Release in California. That means, in minor cases, the judge allows the defendant to be released without bail based on several factors:
- The accused’s ties with the community
- Where do the family or friends of the defendant live?
- What is the criminal history of the defendant?
How Does a Bail Bondsman Work in California?
A bail bondsman must be licensed by the California Department of Insurance. A qualified bail bondsman assures release from jail by posting a bond in court. If someone is arrested for a crime and cannot pay their bail, a bondsman can take the guarantee.
The bail bondsman submits the money to the court for the person’s release on bail and acts as a surety while assuring the court that the defendant will appear for trials. The bail bondsman charges the defendants a non-refundable fee of 10%, which stands for the reward that the bail bondsman will get for posting the entire bail sum.
However, if the defendant escapes the city on bail and does not appear for the trials, the bondsman may track them down or hire a bounty hunter. If the defendant is not found, the court issues a warrant for their arrest, and the bail bondsman is responsible for paying the full bail amount unless the defendant is returned to custody.
Takeaway
If you or a loved one needs help posting bail in California, always contact a trusted bail bond agency. The bail bond agents are experienced in handling paperwork and can secure a defendant’s release faster and keep them informed. Most bail bond agencies also offer payment plans to reduce the financial burden.
Does Your Loved One Need Help from a Trusted Bail Bond Service in California? Holly Bail Bonds Is Right There!
Nobody wants to stay in jail, and if the person is innocent, it’s too painful and tough. But sometimes, the bail amount is too high to afford. Many people don’t know much about the bail bond process. To secure their rights and help them in such difficult times, Holly Bail Bonds provides a 24-hour emergency bail bond service.
So, if any of your loved ones are struggling for bail in California, our bail bonds agents will help them through the booking and court process. We can write bail and have them released from any jail throughout California and across the United States. We are reliable and have been working in the bail industry for more than 33 years.