Bail bond procedures are crucial to regaining your freedom after arrest. As an accused person, posting bail or bond is an exercise of your right not to be held in custody unnecessarily, making it essential to understand the various procedures and requirements for completing it.
As a first-time arrested person, navigating the bail bond process may be unfamiliar. You can, therefore, circumvent this by working closely with a skilled and experienced bail bond service provider who understands the critical processes to undertake. With their help, you will conduct more in-depth research, giving you access to a complete guide to navigating the entire process.
Understanding the Bail Bonds Concept
As an arrested person, you face detention in police custody to help with investigations. Additionally, your detention may be essential to promoting peace in the general community, especially if your crime involved extreme violence. While in detention, you are still entitled to various rights, including not being held in custody arbitrarily.
Based on your constitutional rights, you can seek avenues to exit jail and regain your liberty pending your trial. Among the various avenues to leave jail is paying bail or bond. The process involves transacting a specific amount of money with the court to regain your freedom.
Upon posting bail or bond, you present an amount as collateral for your release. Having collateral means that your release from jail is based on various factors, and you must follow the conditions imposed during your release to avoid losing the amount. Your bail bond agreement lapses when the trial concludes, and you are entitled to reimbursement if you follow the necessary court guidelines.
Conversely, if you fail to observe the court’s orders, they are mandated to authorize bail or bond forfeiture in your case. You will, therefore, lose the money you presented for bail or bond, and you risk facing re-arrest and detention for the remaining time before the trial concludes.
Examples of Court Orders to Follow to Maintain Your Collateral
Understanding the importance of following court orders in exchange for your release requires knowing the commonly issued instructions beforehand. The information allows you to prepare mentally and physically, if necessary, to prevent you from losing your bail bond amount due to non-compliance.
Some of the court directives to be observed include:
Avoid Drugs and Alcohol
Staying away from drug and alcohol abuse is essential as you wait for trial to begin, especially if your charges involve driving under the influence or drug possession. Adhering to the requirement is necessary because the judge may require you to submit to random drug tests.
If the testing officers find drugs or alcohol in your system, they have a legal duty to report it back to court. Consequently, the judge may find you violating the guidelines and cancel your release on bail.
Avoid Involvement in Crime
Since you are already facing charges in your current case, the presiding judge expects you to avoid involvement in additional criminal activities upon your release.
As a result, involvement in rearrests or reported wrongdoing requires the judge to take more stern action against you. Among the consequences of your actions is losing your liberty, meaning that the judge may order your rearrest to protect the general public’s security. Further, you risk losing the bail amount.
Attend Court Proceedings
Court attendance is essential in criminal cases, as the case cannot proceed without you as the accused. As a result, the judge must secure your attendance to promote proper justice dispensation.
Mandatory court attendance forms the most critical part of your bail release terms, and missing a hearing attracts severe penalties. Nevertheless, you may present a valid reason for missing a proceeding and the requisite justification. In doing so, you validate your experience and avoid losing your freedom.
The Difference Between Bail and Bond
While many service providers use the term ‘bail bond’ as a single phrase, a slight difference exists between the two processes. Posting bail requires you to present a specified cash amount to the court, which becomes your jail release collateral.
As a result, you must have a direct source of funds and wire the money to the required court account. Bail processes are often faster and more straightforward because you only need the court to confirm receipt of your money.
Conversely, the bond process involves presenting a lien on your property to serve as collateral for your release from jail. Posting bond often applies when your case involves more serious matters, making it essential for the court to demand more valuable collateral for our release.
When posing a bond, you must present property ownership documents to the court and confirm that you are the rightful owner of the property in question. The proposed property must be proportional to the price assigned in court for your release, so a valuation may be necessary. Once the court confirms the value and validity of your property, they will authorize your release pending trial through the same process applicable for bail releases.
Both processes require you to present collateral and adhere to court orders to secure your release. Additionally, you will receive your money or property lien after the trial period is over, provided you adhere to the issued court orders. Your Rancho Mirage bail bonds service provider thus advises you to observe the guidelines to avoid losses.
The Bail Bond Process
A bail bond process begins soon after arrest while still at the station. Since your arrest is essential to obtaining additional information for your case, you will remain in custody until the arresting officers receive the relevant details.
You can expect to undergo the booking process, whereby the officers at the station pose multiple questions and subject you to several identification procedures. They aim to obtain your official name, address, place of work, next of kin, and contact details. During the process, you can also expect to provide your biometric records by scanning your fingerprints. The officers also take a mugshot photograph and record your height details, all for identification and court record-keeping.
Officers also check your profile to determine whether you have a criminal record in your name. They do this to help the prosecution establish a solid case and justify proceeding to trial. Subsequently, the officers run your name against the Department of Justice records to confirm if details linked to your name come up.
After booking, you can inquire about your bail or bond amount. Doing so in advance allows you to plan your release process without worrying about the source of funds. Additionally, it will enable you to inform your Rancho Mirage bail bonds service provider of the required amount.
Upon inquiring about the bail bond amounts, the officers at the station provided the bail schedule. It is a document listing the offenses chargeable in California and the bail estimate allocated to them. While it helps speculate on the amount you will likely pay, it shows the amounts in ranges. As a result, you still need to prepare for your bail bond hearing.
What to Expect During the Bail Bond Hearing
While still in detention, the officers should inform you of your rights to ensure you understand the criminal process ahead of you. Among them is the right to court arraignment within a day, allowing expeditious justice dispensation. The only exception applicable to the rule is when your arrest occurs during the weekend or on a public holiday. If so, you must wait until the next court date for your hearing.
The bail hearing allows you to accept or deny the charges pressed against you and learn the amount necessary for your release. The process, therefore, begins with plea-taking, where you either plead guilty or not guilty to the charges. By pleading guilty, you accept the charges, making it unnecessary to hold a trial.
Conversely, pleading not guilty means you deny the charges, warranting the need for trial. As a result, it would be necessary for the judge to determine your bail amount. Before taking a plea, consult with your defense attorney and your Rancho Mirage bail bond service provider to ensure you make the most suitable decision.
Factors for the Judge to Consider When Determining Bail
As mentioned, the nail schedules in detention centers provide a monetary range of the amount you can expect to pay for your release. However, the range is only sometimes clear, making it essential for the judge to assess your unique case facts and issue their final determination.
During the bail hearing, the judge asks about the preliminary findings to acquaint themselves more with your case. They also liaise with the prosecutor and the investigation officers to determine the most suitable decision to issue concerning your bail hearing.
To help the judge establish a grounded and justifiable decision, they will consider the following elements:
- Whether You are a Flight Risk
- Whether you have an existing criminal record
- Whether you are a threat to the general public’s security
- The severity of your offense
- Whether your case includes aggravating or mitigating factors
- Whether the offense allows release on bail or bond
The judge’s assessment of the above-mentioned matters is essential in making the final determination, as each case presents unique facts. For example, a repeat offender is likely to receive a higher bail than a first-time offender.
Additionally, the severity of your offense, especially the aggravating factors, may warrant a higher bail amount. Your Rancho Mirage bail bonds service provider will guide you on a suitable course of action to secure your release.
How Your Rancho Mirage Bail Bonds Company Posts Bail
After receiving the exact amount necessary to post bail for release, you must consider a suitable payment option. For example, you may pay in cash, which requires you to consolidate funds upfront. While the option is straightforward, many clients need help raising the sum on short notice.
Posting bail through a Rancho Mirage bail bonds service provider is an easier and faster process that provides more advantages. Upon partnering with a trusted service provider, you only need to provide your identity and contact details, along with your location and your charges.
Afterward, they begin the bail release process by completing the necessary documentation on your behalf. Your bond company also posts bail on your behalf by paying the required amount upfront. Since they are experienced, you can worry less about following up on matters, making it easier to exit jail sooner.
Determining the Rancho Mirage Bail Bonds Service Fee
Receiving bail bond services from a trusted Rancho Mirage bail bonds company is highly beneficial, as you will leave jail within hours of arrest. Based on the bail bond services you receive, your service provider charges a 10% service fee from the full bail amount ordered in court.
For example, if the judge sets the bail amount at $100,000, the service fee will be $1000. Since the amount is proportionate to 10%, some clients may still find the service fee extremely high if the bail is also high. If so, consider discussing a repayment plan with your bail bond company to avoid financial pressure.
Find a Bail Bonds Company Near Me
After you or a loved one faces arrest, you must find the smoothest way to leave police custody to work on the court proceedings. Doing so also gives you time to be with your family and organize your affairs pending trial. Based on this, you need to understand the requirements of posting bail or bond, including what each stage requires of you. The information allows you to prepare for the various court processes, payments, and third-party engagements. In return, you are better equipped to expedite your jail release process and return to your everyday life.
At Fausto Bail Bonds, we dedicate ourselves to providing excellent bail bond services to serve your needs. Our team has served multiple clients in California, giving us the required experience to handle your case. You can also count on us to provide reliable advice on completing the bail bond process with minimal encumbrances. If you need a thorough guide on the bail bond procedure, call us today at 855-328-7867.