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How Do Bail Bonds Work in California?
To know how bail bonds work in California, you must first know what bail is referring to. Bail is basically the funds deposited directly by the defendant – or a third party on his/her behalf – with the promise that all future court sessions will be attended. It can be done in cash, via a cashier’s check or money order, or in the form of a secured bond issued by a bail bondsman.
Please note that every criminal offense does not incur bail. In fact, it all depends on the nature and severity of the offense. The circumstances at hand may even be altered upon approval of the judge.
Keep reading to learn a few helpful tips on bail and how bail bonds work in the state of California.
How is Bail Set?
Every California county is set up differently with their own local bail schedule. All offenses are logged legally for reference. Which means that when an inmate is taken in, he or she can notify a friend or loved one where they are for easy access to the bail schedule.
Chances are, if the offense is not on the bail schedule, bail is not required and the defendant will be released after booking.
If the Inmate Needs to Post Bail, Can it be Lowered?
Under special circumstances, the bail can be reduced. It can also be increased by the prosecution. The court will consider the following in either case:
- Level of offense
- Injuries w/detailed descriptions, if any
- Alleged threats in question
- Weapon or drug appearances
- Public safety threat
- Employment status and connections
- Previous criminal history
- Likelihood of appearing to all court sessions
How to Post Bail?
To get in and out quickly, post the full cash amount for release. This way, the full funds will be returned to the defendant once the proceedings are over with minimal to no pending fees. So long as you’ve attended all court sessions without violating the condition of bail.
If you prefer to submit a certified check, cashier check, or money order, the same policy is put into place. Release will only happen after the funds are cleared.
NOTE: Special circumstances may permit a court to deny full cash bail. For example, if the funds are suspected to be stolen or intertwined with a criminal organization. In such cases, you will have to prove to the jail and/or court that the funds are legitimate.
How do Bonds Work?
Posting a bond is the most popular way that an inmate can be released from jail, as it requires the defendant to pay up to 10% of the bail amount and not the bail in full. $5,000 can be a lot more affordable than $50,000. The only catch is that you won’t see your 10% at the end of the proceedings, as this is a nonrefundable fee.
Once the portion of bail is paid to the bondsman, said bondsman will deliver the remaining funds to the court to ensure the defendant’s immediate release.
Keep in mind that securing a bond may require you to put up collateral. Such collateral must be real property, not personal property as personal property can be taken away, disappear, stolen, etc.
Once the bond is submitted, you must show up to every court appearance or the court will forfeit your bail, the bond company will go after your collateral, and you will owe the original bail amount in full.
If you prefer not to use collateral, another option would be enlisting a co-signer. This process can get quite tricky and you will have to uphold particular obligations if you choose this route. For example, if the defendant disappears without any show to court dates, the bond company will look to you for payment.
Synergy Bail Bonds is here to help clarify any information or answer any questions that you may have about the bail process. Please pick up the phone now and reach out; we’re here to help!