Defendants facing arrest and charges are detained after booking. Sitting behind bars is not ideal. California law allows defendants facing charges for different offenses to secure a release with a pending case by posting bail. Bail assures the court that you will return for trial and other proceedings after your release.
A judge sets bail for a defendant on the first arraignment. Bail amounts vary depending on the case severity, circumstances, and flight risk. After setting a bail amount, you can pay it in cash, using a property bond, or with the help of a San Ysidro bail bonds company.
Posting a cash bail requires you to present the total bail to the court before a release. Unfortunately, this is unaffordable to many defendants. You can avoid spending time behind bars through bail bonds. This is by contacting us at Fausto Bail Bonds for our financial assistance and expert guidance in your bail process.
Understanding Bail
Bail is an amount paid to the course for a defendant's release from jail while their case is pending. By posting bail, the defendant assures the court that they will return for all the court-scheduled proceedings. After posting bail, the court expects a defendant to follow through with the case.
The court holds a bail hearing after the arrest and booking. At this hearing, a judge reviews different factors of the case to determine the appropriate bail amount. The court does this to ensure that the bail is not excessive but is enough to discourage the defendant from fleeing.
Reasons for Posting Bail in California
Although posting bail can keep a defendant out of detention, it is optional. If you choose not to pay the bail, you will remain in detention as your case continues. Common reasons you will want to post bail include:
Spend Time with Family
The moments following an arrest are traumatizing. While you battle your charges, you will need the support of your family and friends. While your family can visit you in jail, you will receive the support you need if you secure a release on bail and go home.
Keep Your Job
Your employer can excuse you from work for a day or two. However, you could lose your job when you spend a week or month behind bars awaiting your trial. You need your job to not only maintain your livelihood. Additionally, you need the money to pay the court costs associated with your case and pay for legal representation. Therefore, it is crucial to secure that release.
Meet Your Legal Team
While in jail, you cannot comfortably discuss the facts of your case with your lawyer. This is due to the surveillance in the jail cells. Police officers can capture what you and the prosecution can use against you in the case. Securing a release on bail allows you to meet your lawyer and make a defense strategy for the case.
Types of Bail
You could explore different types of bail when seeking a release for yourself or a defendant in California. They include:
Own Recognizance (OR) Release
Not all defendants will require a monetary commitment with the court for a release before trial. The court can release you on your own recognizance. Instead of paying bail, you must promise the court through a signed promissory note that you will return for scheduled proceedings.
- A judge can award you a own recognizance release under the following circumstances:
- You face charges for a less severe misdemeanor offense.
- You do not have an extensive criminal history.
- You have strong ties to the community.
- You do not pose a threat to the safety of other people.
- You are a low-flight risk.
Although an own recognizance release does not involve paying money to the court, a judge may still impose some conditions on your release.
Cash Bail
When the court sets your bail, you could pay it in cash. A cash bail involves presenting the entire bail to the court clerk before. Cash bail ensures a quick release when you have the financial muscle to pay the whole amount. Unfortunately, cash bail is not affordable for many defendants.
Another reason why defendants avoid cash bail is the financial scrutiny it brings. California sets high bail amounts. Therefore, if you post a high bail in cash, the court may conduct a financial investigation to determine the source of the funds. Thus, it invades your privacy and delays release.
Property Bonds
If you or a loved one faces an arrest and detention, you can use a property bond to bail them out. Posting a property means you will pledge the actual property value to the court for release. You can use properties like real estate, a vehicle, or valuable jewelry for bonds. When you present real estate, the court will place a lien on that property.
When the case ends, you will recover the property you used for the bond, and the defendant follows all the bail conditions. Before accepting a property bond, the court will schedule a property bond hearing. At this hearing, you must prove the ownership and value of the property you intend to use for bail.
Surety Bonds
A surety or bail bond is a popular way to bail yourself or a loved one out of jail. Licensed surety companies provide bail bonds. Securing a bond begins when you call a San Ysidro bail bonds company seeking their assistance.
The company will appoint and send a bondsman to handle the case and help you with a release. The roles of your San Ysidro bail bondsman will include:
- Drafting a bail bond agreement
- Bailing your loved one out of jail
- Ensuring that the defendants are present for all court hearings
When you seek a bail bond for a loved one or friend, you will act as the cosigner for the bail bond. As a consignor, you must shoulder the financial burden of the release. This means that you will pay the premium and provide collateral. The standard premium fee for bail bonds in California is 10%. Unlike cash bail, which you recover from the court when the case ends, a bond premium is non-refundable.
You can pay the premium in one installment or make a repayment plan with the company. The repayment plan allows you to pay the premium in installments. When you use a bail bond for a loved one's release, you transfer the burden of ensuring that the defendant appears in court to the surety company. Posting a bail bond ensures a fast and affordable release for a defendant.
Benefits of Hiring a San Ysidro Bail Bonds Service
When you contact a surety company, they send a bail bondsman to handle your case. The following are some of the benefits you will accrue from hiring a bail service to help you with the bail posting process:
Faster Release
You want your loved one to come home as soon as possible after their arrest. Spending time in jail can have a devastating impact on a defendant's emotional and mental well-being. When you work with a reliable San Ysidro bail bonds service, you can secure a fast release for the defendant. The company will have the finances ready to bail the inmate out.
Financial Relief
An arrest is a financially demanding occurrence. You will need money not only for bail but also to hire legal representation. Unlike posting cash bail, where you need the full amount, working with a surety bond lowers this burden. Bail bonds in California cost 10% of your bail. With such an arrangement, you can secure your loved one's release without liquidating assets and borrowing money.
Flexible Payment Options
When you post a cash or property bond, you must present the total bail amount or the property deed before the defendant's release. However, with a surety bonds company, you can make arrangements to pay your premium fees. The right bail bonds company can offer you repayment plans for your premium fees. This allows the release of your loved one or friend after giving a downpayment.
Confidentiality
Bail bond companies understand the need for confidentiality. Therefore, working with a San Ysidro bail bondsman ensures that the sensitive information of the defendant's case does not reach unauthorized individuals. This is important when the charges can damage a person's reputation.
Expert Guidance
The role of a bail bondsman will not end when a defendant secures a release from jail. In addition to providing financial assistance needed for the release, the surety bonds company offers you the guidance you need to navigate the bail process. This is by acting as the intermediary between the defendant and the court. If the court issues a bail requirement, the bondsman will inform you to avoid violations.
Bail Denial
Many defendants in California can secure a release on bail before their trial. However, this does not apply to everyone. Under the following circumstances, the court can deny your release. This will result in detention until your case ends:
You Face Charges for a Severe Offense
The nature of your charges is a significant factor in determining your eligibility for bail release. The court can deny you bail when you face charges for serious and violent offenses like murder, rape, and armed robbery.
The bail denial under these circumstances is due to the increased flight risk. When you face charges for a grave offense, you could flee to avoid the harsh consequences of a potential conviction. Offenses punishable by life imprisonment or capital punishment are not bailable in California.
The Prosecution Has a Solid Case Against You
Law enforcement officers can arrest you even when the prosecution does not have enough evidence to secure a conviction. However, there are cases where the court has overwhelming evidence against you.
With this type of evidence, there is a high likelihood of obtaining a conviction. The court can deny you a bail release if the prosecution has a strong case against you.
You Violated your Parole or Probation
A common condition for parole or probation in California is to avoid committing other offenses. When you engage in criminal activity while under probation or parole, you can face charges for the underlying offense and the violation. Under these circumstances, the court may order your detention without bail after the arrest.
You Have an Extensive Criminal History
California law is stringent on repeat offenders. This occurs during the prosecution and setting of bail. Having multiple prior convictions indicates your inability to rehabilitate and follow court orders. For this reason, the court will deny your bail request. This means that you will remain in jail until your case ends.
You Pose Danger to Others
Securing a release on bail allows defendants to move on with their lives while awaiting court proceedings. However, before releasing you on bail, the court will consider the safety of other individuals. If you threaten the safety of the witness in your case and other people in society, the court can hold you without bail.
Jails in San Ysidro,CA include:
Western Region Detention Facility
Richard J. Donovan Correctional Facility
Courts serving San Ysidro, CA, include:
San Diego Central Courthouse
San Diego Superior Court
Find a Competent Bail Bonds Service Near Me
Many emotions go through your mind when you learn of a loved one's arrest. The situation worsens when you are the person sitting behind bars after an arrest. Securing a release from jail is a priority. This allows you to go home for support from family and friends during the challenging times. Additionally, you can meet with your lawyer to plan a defense.
With the high bail amounts set by California courts, many defendants cannot pay the bail in cash. For this reason, many individuals turn to bail bonds. Surety bond companies provide bail bonds. The surety company will pay the full bail in exchange for a 10% fee. The bail bondsman will also offer you guidance on navigating the bail process.
At Fausto Bail Bonds, we offer fast, reliable, and affordable bail bond services for our San Ysidro clients. For much-needed assistance, contact us at 951-445-4455.