While it does not apply to every defendant or arrestee, the arresting officer or the court could require you to post bail to obtain your freedom upon an arrest as a suspect for any crime. Bail refers to the specific amount of money that you or your loved ones deposit as an assurance that you will make your court appearances after obtaining a release from jail, pending your case trial date.
As long as you make all your scheduled court appearances as required and adhere to the conditions of your release, the court will return your money after your case's trial. However, most defendants under arrest as suspects in criminal cases are unwilling to put their money at stake to obtain their freedom after an arrest.
That is where the services of a bail bondsman become crucial to helping you obtain your freedom without unnecessary stress and putting your money at stake. At Fausto's Bail Bonds, we comprehend how overwhelming and stressful an arrest can be, especially if the court requires you to pay bail to regain your freedom before your case's trial date.
If you find yourself in this situation, our dependable bail bondsman can provide you with San Diego bail bonds services to ensure your immediate release from jail.
How the Court Will Determine the Bail Price for Your Unique Case
If your offense has a predetermined bail amount, the arresting officer will use the bail schedule on their station to determine your case bail price. A bail schedule is typically a list containing various common crimes and their predetermined bail prices to give defendants or arrestees a chance to obtain their freedom as soon as possible after an arrest.
Unfortunately, if your offense has no predetermined bail price, you must wait for the bail hearing to know the amount you should pay to secure your freedom on bail. At the bail hearing, which typically occurs within less than forty hours after an arrest, the judge presiding over your case will consider the following factors when determining the amount you should pay to secure your release on bail:
- The bail schedule
- Whether you are a flight risk
- Whether you have a criminal background
- Your financial situation or ability to pay
- Facts and circumstances of your case
- Your attorney's mitigating arguments
Once the court sets your offense's bail price, you should pay the amount as soon as you can to secure your freedom. If you cannot afford the amount, you will remain in legal custody pending your case's trial date, which could occur within days, weeks, months, or years later.
However, you can avoid that and protect your freedom pending your case's trial by working with a bail bondsman to obtain San Diego bail bonds services as soon as possible.
How a Bail Bondsman Helps Upon an Arrest
Since paying court-set bail is often unaffordable and a financial strain for most people, obtaining a bail bond is handy. A bail bondsman is a professional or company that offers bail bonds to people in police custody after an arrest to obtain their freedom, awaiting their future court dates.
A bail bond is an agreement between the court and your bondsman to pay your total bail price when you fail to make your court appearances as required. In exchange for speedy San Diego bail bond services when you cannot afford to post cash bail, the bondsman will require you to pay him/her a premium (not more than ten percent of your bail price).
Depending on the sophistication of your case and your bail price, the bondsman could also require you or a loved one to surrender collateral to assure him/her you will make your court appearances once you obtain your freedom. Examples of collateral the bondsman could accept include (but are not limited to) the following:
- House
- Vehicles
- Boats
- Real estate
Limits on Bail Prices
The Constitution's Eighth Amendment limits the amount you should pay as bail upon an arrest. That means the court cannot use this bail option as a punishment or fine for your crime or to raise money for the government.
If your attorney believes your bail amount is excessive, he/she can request a reduced one during your initial court hearing or bail hearing. Generally speaking, you could qualify for a lower bail amount if your defense attorney can provide mitigating arguments backed up with clear evidence to prove the following facts:
- You have strong connections or ties to your community
- The circumstances of your case have changed
- You do not have a criminal record or history of skipping bail
- You are not a threat to public or community safety
Reasons Why the Court Could Deny Your Bail Request
Unfortunately, not every person qualifies for a release from jail on bail upon an arrest. Here are some of the reasons the court could deny your bail request during the bail hearing:
Your Offense is a Capital Crime
If you are facing a charge that could attract a death sentence upon conviction, the court could deny your bail request. Examples of these severe crimes include (but are not limited to) the following:
- Treason
- First-degree murder
- Perjury
- Train wrecking
You are a Threat to Public Safety
If you are facing a sex-related offense, the court could consider you a threat to the community and public safety, meaning you will be ineligible to post bail. The court could also deny your bail request if you are facing a violent felony charge, and there is a high chance that your release could compromise public safety.
You Have a Parole Hold
The court could deny your bail request if you are currently on parole or probation for a different offense.
You are a Flight Risk
If you are a non-citizen, the court will consider you a flight risk, meaning you are likely to flee or leave the country upon your release from jail on bail. In that case, the court will likely deny your bail request to ensure your availability during your trial date.
Common Conditions You Should Expect After Posting Bail
It is common for the court to set bail conditions when releasing arrestees or defendants from jail on bail after an arrest. Although some of these conditions seem harsh, they are necessary to protect the community and ensure your appearances at the scheduled court hearings.
While every case is unique, the court could require you to comply with the following conditions after obtaining your freedom on bail:
- Agree to surrender your driver's license and passport to prevent you from fleeing after your release from jail
- Agree to frequent and regular meet-ups with a court-appointed officer
- Stay crime-free
- Attend all your scheduled court hearings on time
- Remain within a particular jurisdiction
- Avoid interacting with certain people, especially if your offense is gang-related
- Consent to house arrest and electronic monitoring
- Consent to regular alcohol and drug testing
- Agree to install an IID (ignition interlock device) on your vehicle
- Surrender your weapons to the law enforcement authority
When the court grants your request for a release on bail, you should be ready to comply with these conditions and requirements pending your case trial because failure to do so could attract some consequences.
Consequences of Failing to Make Your Court Appearances After Receiving San Diego Bail Bonds Services
One of the critical conditions you should comply with after posting bail is returning to court on the scheduled dates to challenge the charges you are up against. Unfortunately, failing to make court appearances after bailing yourself out of jail could attract some consequences, including:
1. You Will Not Receive Your Money Back or any Property or Asset Used as Collateral
If you use cash bail to obtain your freedom, the court will forfeit it when you fail or refuse to return to court to challenge the allegations you are up against, meaning you will not receive the money back. On the other hand, when you fail to make your court appearances after receiving a release from jail on bond, the bonds your bail bondsman delivered to the court will default.
In that case, the bondsman will have up to ninety (90) days to bring you back into custody to avoid losing his/her money to the court. Since the amount of money the bondsman will have at stake for your freedom is significant, he/she could hire a bounty hunter to track your whereabouts and bring you into custody as soon as possible.
2. Misdemeanor or Felony Charges
Depending on the facts of your unique case, failing to show up in court could attract misdemeanor or felony charges under Penal Code (PC) 1320.5. According to this statute, willfully failing to make court appearances after a release on bail is a criminal offense.
If your underlying offense is a felony, failure to appear in court after posting bail will attract felony charges, carrying up to three (3) years of jail time upon conviction. However, if your offense is a misdemeanor, the prosecutor will file your PC 1320.5 charges as a misdemeanor, carrying up to one (1) year of jail time upon conviction.
3. Ineligibility for a Release From Jail on Bail in the Future
Upon an arrest for any crime in the future, you could be ineligible for a release from jail on bail if you have a record of failing to make your court appearances after posting bail. That means you will remain in legal custody as your charge progresses through different stages of the criminal justice system.
The Role of a Defense Attorney During the Bail Process After an Arrest
You cannot undermine the benefits of having an attorney when you are arrested or charged with any crime, requiring you to post bail to obtain your freedom. Aside from advising you of your legal rights as your case continues, your defense attorney can increase your chances of qualifying for a release from the detention facility on bail.
During the bail hearing, your defense attorney can provide evidence and arguments to show the judge that you are an excellent candidate for release from jail on bail. Sometimes, with the help of your defense attorney, you could also qualify for a lower bail or a release from jail without bail (Own Recognizance (O.R.) release).
If you cannot afford the court-set bail price for your case, your defense attorney can also help you find a reliable bail bondsman for the quick San Diego bail bonds services you need.
Frequently Asked Questions About Bail
Many defendants in legal custody for any alleged offense will often ask the following questions before posting bail:
i. What Payment Options Do I Have for Posting Bail?
Fortunately, the court will provide you with flexible payment methods to clear your bail price, including:
- Money order
- Credit card
- Western Union
- Cash
- Paypal
ii. How Long Will It Take to Obtain My Freedom After Posting Bail?
The answer to this question depends on a variety of factors, including:
- How busy is the jail where you are in custody is
- The amount of paperwork needed to obtain your freedom
- The available staff on duty that day
However, in most cases, you will be out of custody within one to four hours after posting your bail.
iii. What Does Another Person Need to Post My Bail Upon an Arrest?
If you cannot afford your bail price, a friend, relative, or colleague can help you settle the amount to secure your freedom. However, to do that, he/she will need the following:
- A recent utility bail to show his/her residency status
- Proof of income, for example, a recent paycheck stub
- A valid identification document like a driver's license
The bondsman will also require the following information from your loved one willing to cosign your bail:
- Your jail booking number
- The charges you are up against
- Details of the jail where you are in custody
- Your date of birth
San Diego Courthouse and Jail Addresses
If you have a loved one who needs San Diego bail bonds services to obtain his/her freedom, the following courthouse and jail addresses will come in handy:
Courthouse Address
San Diego Central Courthouse
Jail Address
George Bailey Detention Facility
Find San Diego Bail Bonds Services Near Me
Undoubtedly, maneuvering the legal landscape upon an arrest can be an overwhelming and stressful experience, especially when securing a release from jail on bail. However, you do not have to go through these challenging times alone.
At Fausto's Bail Bonds, we can help you obtain the much-needed bail bond services to regain your freedom and wait for your case's trial date while at home. Call us at 951-445-4455 if you or a loved one needs speedy San Diego bail bonds services for any offense.