If you are arrested for committing a crime in California, you will be booked in jail, where you could remain until your trial is scheduled. While an arrest is a tough experience, spending time behind bars can affect your emotionaxl and mental well-being. Fortunately, California law allows defendants facing criminal charges to be released before trial on bail.
Bail is the money you pay to assure the court that you will return for scheduled court proceedings when you are released with a pending trial. The judge will set your bail amount at the first arraignment. The amount needed for your bail will vary depending on the severity of your offense, your criminal history, and other factors in your case.
Cash bail is the fastest way to secure a bail release for your loved one. However, this may require you to present the total bail amount, which is only possible for some individuals. If you lack the financial capacity to bail your loved one out, you can seek the expert bail bond services we offer at Fausto’s Bail Bonds. Our Thousand Palms bail bondsmen will provide the finances and guidance you require to navigate the bail process.
Overview of Bail
Bail is an amount you pay the court for a release from jail before your trial in California. Bail is not a punishment for your offenses. Instead, the court uses it to guarantee that you will not flee to avoid facing the consequences of your actions. After an arrest and booking, you will be detained in jail while awaiting your trial. At your first court appearance, the court will decide the amount you need for release. The judge uses the bail schedules as the standard tool for determining bail amounts. In the bail schedule, the bail amounts are indicated alongside specific offenses.
The judge will then modify the amount in the schedule using the specific case factors and the defendant’s criminal history. If you appear for all the scheduled court proceedings, the court orders a refund for the total amount paid. However, the court orders a bail forfeiture for defendants who skip bail.
Not all defendants are entitled to a bail release. You could be held without bail under the following circumstances:
- You are a high-flight risk or have a history of skipping court dates.
- You face charges for a crime punishable by life. Imprisonment or capital punishment.
- You are a threat to community safety.
Types of Bail
If a loved one or friend is arrested and detained, you can choose from the different types of bail available to secure their release. Each type of bail release has its advantages and disadvantages. Your choice of bail will depend on your financial capability. Common forms of bail release include:
Own Recognizance Release
The own recognizance release is the most sought-after form of release for defendants in California. Defendants who secure a recognition release will not be required to make a monetary commitment to the court. Instead, the defendants will sign a note promising to attend the court proceedings.
However, not all defendants will be eligible for this type of release. Under these circumstances, the court may release you without bail:
- You have no prior convictions. California law is more lenient on first-time offenders, even in the bail stage of the case. Therefore, you could be released without bail without criminal history.
- You face minor charges. The severity of your criminal charge may impact the outcome of your bail hearing. Individuals facing charges for low-level misdemeanors are released on low bail or without bail commitment.
All defendants who do not qualify for a recognizance release must post bail for a release before trial.
Cash Bail
Posting bail in cash requires you to present the full bail amount to the court before the defendant’s release. Since bail amounts in the state are often very high, this type suits individuals with a high income or many resources. You will not need to involve a third party when posting cash bail for your loved one. Instead, you can present the money to the court clerk and have the defendant released.
Although cash bail allows for a faster release, you could lose your money in a forfeiture if the defendant flees. Additionally, some people could be tempted to liquidate their assets to secure this type of bail. This could cause you to lose your valued assets.
Property Bond
In California, you can bail a loved one out of jail using property bonds. This involves presenting some property equity to the court. In this case, the property could be anything from real estate to valuable vehicles. If you use real estate, the court will put a lien on the property and lift it when the defendant appears for trial and the case ends.
When using property bonds, the court will schedule a hearing where the property value and ownership are determined. You must present documents indicating property ownership and current market value during this hearing. Additionally, all parties whose names appear on the deed should be present at this hearing.
Like cash bail, the fate of your property bond will depend on whether or not the defendant follows the bail conditions and appears in court. If a defendant skips bail, you will lose the property you presented to the court.
Bail Bonds
If you cannot post a cash or property bond for your loved one, bail bonds can be an excellent option to ensure a fast and convenient release from your loved one. A bail bond is an agreement between the defendant, a surety company, a bail bond cosigner, and the court. The surety company agrees to post bail for the defendant at a fee.
Seeking the help of a surety company allows you to ensure a loved one’s release without spending a fortune. Posting a bail bond begins when you contact a bail bonds company for assistance. A bail bondsman will assess your eligibility and guide you to signing the agreement. When contacting a bail bond service, you must have details on where the defendant is detained, the offense for which they are charged, and the amount of bail needed for their release.
When you enter the bail bond agreement for a loved one or friend, you will be considered a cosigner to the bond. Your roles as a cosigner in this include:
- Pay the premium. In exchange for bail bond services, you must pay a service fee of up to 10% of the total bail amount. You can pay the premium upfront in full or through installments by entering a repayment program.
- Present collateral. Besides paying a service fee, the Thousand Palms bail bonds company could require you to present collateral for your loved one’s bail bond. Collateral could be property, a vehicle, or valuable jewelry. Presenting collateral ensures that the surety company can recover money lost in the event of bail forfeiture.
- Ensure the defendant attends court dates. When you co-sign a loved one’s bail bond, you will shoulder the burden of ensuring they do not skip bail. Failure to do this could cause you to lose the collateral you offer.
- Cover the bounty-hunting fee. If a defendant skips bail, the surety company will enlist bounty-hunting services to find them and return them to jail. Since bounty hunters are independent of the bail bond company, you may be required to pay for the bounty hunting services.
When the case ends, the surety company will receive the total amount posted for your loved ones' bail. However, if the defendant flees, the court may forfeit the bail. This causes the surety company to lose money.
Benefits of Working with a Thousand Palms Bail Bondsman
A bail bond is the most commonly used means to secure a loved one’s release from jail in California. Most people opt for this option for these reasons:
Your Loved One Can Stick To Their Routine
If you do not post bail after an arrest, the defendant will remain behind bars until the trial date. This could distort their routine and detract from the defendant's time with family. The court may take a while to schedule a trial and court proceedings. Therefore, your loved one could lose their job while in jail.
When you post a bail bond with the help of a Thousand Palms bail bondsman, the defendant can lead a normal life and receive family support while their case is pending.
Keeps the Arrest Discrete
Arrests are devastating and embarrassing situations for defendants and their families. Seeing you walk around the jail and court could give people the idea that your loved one has been arrested. The social stigma associated with arrests and criminal proceedings may be too much for your loved one to bear.
When you consult a surety company, they will go to court and secure your loved one’s release by posting the bail. The fast release through this process helps the defendant keep their matters private.
Saves Money
While posting bail for your loved one and securing their release is a priority, the financial resources for posting bail are unavailable. Additionally, you will need money to hire legal representation for your loved ones to fight their case. Posting a bail bond is a cheap way to secure a release. Instead of presenting the full bail amount, you will only be responsible for a portion, often 10% of the bail. This allows you to save money and use it for hiring an attorney.
Prevents Financial Scrutiny
California courts are known for setting high bail amounts. If you present a high bail amount to the court in cash, you can open doors for financial scrutiny. The court can order an investigation to determine the source of the funds. Financial scrutiny is done even when your loved one’s charges are unrelated to fraud or other financial crimes.
You can keep your financial life private by contacting a surety company for assistance in posting bail. This is because the bail bondsman will present the bail money.
Faster Release
When you contact a bail bond company seeking assistance to bail your loved one out, the company will appoint a bail bondsman to handle your loved one’s release. Most bail bondsmen are familiar with jail and court processes in your area. Therefore, they can quickly navigate the process to ensure a faster release.
Expert Guidance
A bail bondsman’s role will not end with posting the bail to the court. Instead, they will continue to guide you through the release and ensure your loved one understands their bail conditions. Explaining the process helps you understand what to expect, making the bail process easier.
You could be detained in any of these facilities after your arrest in Thousand Palms, CA:
Palm Springs Jail
Superior Court of California, Riverside County, Blythe
Courts serving Thousand Palms, CA, include:
Superior Court of California, Palm Springs Courthouse
Find a Knowledgeable Bail Bonds Company Near
Learning that a loved one or friend is behind bars can be a devastating experience. Your first thought is to secure their release and protect them from the stigma of spending time behind bars. Unless your loved one is charged with a capital offense or is a threat to society, they will be entitled to a bail release. Posting bail in cash, property, or a bail bond guarantees that the defendant will not flee jurisdiction after a release.
Since arrests are unexpected occurrences, most people will not have money set aside for posting bail. However, this should not cause your loved one to remain behind bars. Seeking bail bond services ensures a fast and convenient release for your loved one. When you contact a surety company seeking a bail bond, they will offer the financial assistance you need to secure the release. Additionally, you will receive expert guidance to expedite the release process.
With many bail bond companies operating in California, finding the right company to process your loved one’s release is critical. At Fausto’s Bail Bonds, we offer top-notch bail bond services for all Thousand Palms, CA, clients. Call us at 951-445-4455 to discuss your bail needs.