Many people in Poway have only heard about bail and bail bonds via news reports and TV ads. If you keep asking what bail is and how it works, this is the right place to obtain your answers. Here at Fauto’s Bail Bonds, we can help you understand bail, bail bond services, and what you can expect during, before, and after the bail setting.
We want you to understand your legal rights before you even need to. Comprehending how bail works may assist you in securing a jail release sooner, granting you the time and space you need to seek expert legal assistance while caring for your loved ones. Apart from providing information, we offer fast and reliable Poway bail bonds. Do not hesitate to call us to process your jail release.
What Bail and Bail Bonds Mean
Bail means the funds you must post for the authorities to release you from jail pending trial. The purpose of bail is to guarantee you appear in court after your release. If you make all the court appearances as required and obey all the other pretrial release conditions, you will receive your bail money back. However, if you do not make the necessary court appearances, you will lose the whole bail amount to the court.
A bail bond is not the same as bail, even though many people use these two terms interchangeably. A bail bond refers to payment to the court by a local Poway bail bonds service on your behalf. In other words, it is a form of surety bond.
If you cannot pay the entire bail value yourself or with friends’ help, you can retain a local bondsman at a fee (premium) to post the bail amount for you. The bondsman will then post the total bail amount for you, and you will leave jail. The premium is usually 10% of the total bail amount and is non-refundable since it is the bondsman’s charge for their services. The fee remains non-refundable even when you adhere to all the pretrial release terms. The bondsman may also request collateral to secure the bond.
Bail Amount Determination In Poway
The determination of the bail amount happens during an arraignment. First, once the authorities arrest you as a crime suspect, they will subject you to booking. Booking may happen in jail, at a police station, or at a sheriff’s department. So, the police will transport you to one of these places after an arrest, whichever is near.
Booking entails the police searching for weapons, taking mugshots, being fingerprinted, providing a statement, and recording personal information. The police will also catalogue your personal belongings, confiscate them, and hold onto them until you leave jail. Booking can last some hours based on the jail size and busyness. After booking, the police will take you to a holding cell.
After booking, the police will take your case to the D.A.’s office for formal action. The D.A. decides whether to file formal charges based on the evidence. If charges are filed, you will be subject to an arraignment where the judge will determine whether to set bail and the amount.
The judge sets bail with the help of a bail schedule. This is a list of presumptive bail values for various crimes. However, the judge can also deviate from the bail schedule and set a higher or lower amount than indicated. They will have to consider different factors while doing so, including:
- The severity of the supposed crime
- Your criminal record
- The likelihood you will appear in court
- Whether you are a flight risk
- Your ties to the community
- Public safety
After the judge sets the bail amount, they will require you to pay it first before you can leave jail.
Sometimes, the judge may not set bail and release you on your own recognizance (O.R. release). An O.R. release does not involve posting bail. You only have to sign a written promise to appear in court. The judge will grant this form of pretrial release if they are 100% sure you will attend court. Plus, this type of release is generally an option for misdemeanor cases.
The Poway Bail Bonds Process
Once the presiding judge determines the bail amount you must pay, you can contact a Poway bail bonds service to ask them to help you post bail. The bail bondsman will then ask you for information to prepare a bond agreement and application. The details they will need include:
- Your name
- Your supposed crime
- Where you are being held
- The location of your arrest
- The set bail amount
- Your place of work
Once the bondsman has prepared a contract and application, they will need your loved one or you to deposit the bail bond fee (10% of the total bail amount). If your loved one has agreed to process your bail release, they will be your co-signer. Otherwise, you can process your release yourself.
After paying the bond premium, you or your loved one will sign the necessary paperwork. After which, the bondsman will process the bond. The bondsman may ask you or your loved one to provide collateral to secure the remaining bail value. Providing collateral necessitates you or your loved one signing a deal securing your valuable property to secure the remainder of the bail money should you miss court.
Once the bail bondsman confirms your collateral and the fee is satisfying, they will pay your bail. Many licensed Poway bail bond services offer flexible payment plans for those who cannot cover the bail bond cost. They also provide several payment options, including:
- Credit cards,
- Cash payment,
- Debit cards,
- Money orders and
- Personal checks
After the bondsman pays the bond, you will be set free. The release process can take between 30 minutes and 12 hours. The time variation is based on the specific jail facility, its staff, and the circumstances of your case.
What Will Happen If You Skip Bail?
If you post a bond and then miss court, the bondsman will forfeit the bond amount to the court. You will then owe the total bail amount. The bond agency will try exercising its right to collateral that secured the bond. They can sell it to recover their money. Or, they can pursue you or your co-signer for collection.
A bail bondsman will go to more lengths to ensure you do not miss court before they lose their bond money. They might go as far as checking up on you on your court date. They might attempt to physically transport you to the court hearing.
Should you skip court, the judge can issue a warrant for your arrest. If the police find you, they will arrest you. On the other hand, the bondsman may hire a bounty hunter to track you down. If the bounty hunter finds you, they will deliver you to the authorities.
If you show up in court as required and follow all the pretrial release conditions, the bondsman will receive their money back. However, you will not receive back the money you paid the bondsman to secure the bond. That money is non-refundable.
Responsibilities of a Poway Bail Bonds Co-Signer
Before agreeing to purchase a surety bond on another person’s behalf, it is essential to understand your responsibilities as the cosigner. Co-signing a bond means you assume the financial responsibility for ensuring the accused appears in court at every required date. You should check on them and ensure they fulfill their promise to appear in court.
That said, if the accused fails to make all court appearances or meet other pretrial conditions, the bondsman may require you to pay the total bond amount forfeited, regardless of the amount. Due to this, it is crucial that you only bail out somebody with whom you have complete trust.
Beware of Poway Bail Bonds Services Offering Cheap or Expensive Bonds
Under California law, bail bonds cost up to 10% of the total bail value. The California Department of Insurance regulates this cost, and bond companies are not allowed to charge more than that. That said, you should beware of any Poway bail bonds service that wants to charge you more than 10% of the total bail amount.
Regarding lower costs, some companies offer discounts to specific groups of people, making the cost go as low as 7% of the total bail amount. Groups of people that can qualify for a discount include:
- Defendants represented by an attorney
- Military members, both veterans and active
- AARP members
- Teachers
- Homeowners
That said, you should beware of any Poway bail bonds company that offers cheaper costs, as cheap as 5% of the total bail amount or less. These companies are using unethical ways to sell their bonds, thus breaking the law.
Also, beware of these companies that charge hidden fees, such as processing and administrative fees. Before signing a bond contract, the bondsman should be able to tell you about any other costs you must pay (apart from the premium) beforehand.
In short, select a company that does not use bait-and-switch tactics to entice clients. The company should be transparent and provide you with all the payment options and information you need to purchase a bond.
Alternatives to Poway Bail Bonds
Apart from contacting a Poway bail bonds company for help, there are other ways you can use to post bail. These include cash bail and property bonds.
Cash Bail
You must have the appropriate cash amount on hand to post cash bail. Alternatively, you could post a cashier’s check for the required bail value at the court. Some courts may also accept credit cards to post cash bail. Generally, cash is the most straightforward way to pay bail. However, bail amounts can sometimes be so high, making it highly unlikely that many individuals will readily possess that much cash.
Provided you attend court, the court will return the bail money. However, some criminal cases can drag on for a long time, meaning you will be incapable of using or investing the cash in whichever way. You might forfeit your money to the court if you miss even one court hearing. If you pay bail in cash, it usually takes 6-12 weeks to be refunded the cash after the case ends.
Property Bond
You can post a property bond rather than paying cash bail or the premium to contract a Poway bail bonds agency. A property bond is when you give your property to the court as a promise that you will appear. The court holds onto this property until your case ends. When the case ends, and you have made all court appearances, the court will return the property to you. But if you did not attend court as required, the court will sell the property to recover the bail money.
However, the property must be valuable enough to post a property bond. The value must be at least double the bail value. For example, if the bail value is $75,000, then the court must be content that the value of the asset you plan to post is $150,000. Also, to secure a property bond, the court must have recently appraised the asset, disclosed all the liens, and estimated the property’s equity.
If everything is in order, the court will agree to take the property as bail and order your jail release. Should you miss court, the court will place a lien on your property and foreclose on it to recover the bail money.
Processing a property bond, including presenting a formal appraisal, is time-consuming. Consequently, people in Poway rarely seek these types of bonds. However, when you lack the money to pay cash bail or retain a Poway bail bonds company, this bond can help you secure your jail release.
Jail Information
Vista Detention Facility
324 S. Melrose Drive, #200
Vista, CA, 92081
Phone No.: 619-836-0014
Poway Police Department
13100 Bowron Road
Poway, CA 92064
Phone No.: 858-513-2800
Court Information
The North County Superior Court
325 South Melrose Drive
Vista, CA 92081
Phone No.: 619-450-7034
Find Reliable Poway Bail Bonds Services Near Me
Are you or your loved one under arrest in Poway? Do not think twice and consider hiring a local Poway bail bonds service to secure your or their release. At Fausto’s Bail Bonds, we make the bond process more straightforward than you may think, and we always conduct cost-free consultations. Even better, we are available 24/7 to attend to you. Plus, we offer flexible payment options and financial plans, so be rest assured we will accommodate your financial situation. Contact us anytime at 951-445-4455 to talk to one of our professional bail bondsmen.