Bail bonds aim to help defendants exit jail after arrest pending trial. So, when arrested, it is crucial to understand bail bonds. PEN 1276.5 describes bail bonds as a contract between you, the defendant, your legal representative, and the bail bonds service. Before jail discharge, you will sign the contract and pay a service fee. Once you obtain a pretrial discharge, you can resume your everyday life and prepare better for the trial. So, when apprehended in Santee, San Diego County, and seeking a pretrial discharge, Fausto’s Bail Bonds can help.
Santee Bail Bonds Legal Definition
Bail bonds are legal instruments that help you exit custody pending case determination. Unexpected circumstances can put you on the wrong side of the law, causing an arrest. However, an arrest does not make you guilty. The law presumes you are innocent until proven otherwise. Therefore, it will be unlawful to detain you until the case is determined, which is why there is a provision for bail.
Nevertheless, bail is expensive, so many defendants use the Santee bail bonds service to exit jail. These companies offer the financial support you require to leave jail. They finance your release in exchange for a non-refundable fee, usually 10% of the full bail.
Santee bail bonds offer you many benefits. Instead of depositing the entire bail, which is usually colossal, you pay a fraction of the amount, making the procedure accessible to defendants who cannot afford bail or cannot consolidate the figure within a short period. Additionally, a bail bondsman prepares all the paperwork and pays the bond for you, simplifying the pretrial discharge procedure.
However, bail bonds come with responsibilities and possible ramifications when you contradict the contract you signed or the court’s release terms. Your bail bondsman and the court will have conditions you must adhere to while out of jail, pending the determination of your charges. Violating these conditions can cause bail cancellation, re-arrest, and extra charges. So, when signing the contract, you must be ready to comply with the court and bail bondsman’s conditions.
Securing Bail Bonds Without Money
The primary benefit of using Santee bail bonds is that you only need a fraction of the bail figure for a pretrial discharge. You partner with a company that charges a premium fee, usually 10% of bail. In return, the company deposits the entire bond for you, allowing you to reunite with your family after arrest.
Unfortunately, some defendants cannot afford the premium fee the bail bondsman charges. The premium fee is 10% of bail, meaning that if the bail is in thousands or hundreds of thousands of dollars, you could find it challenging to raise the money. However, this should not be why you spend months or years beyond bars awaiting trial conclusion. You should talk to the bail bondsman to find solutions to the problem. Many Santee bail bondsmen will craft a repayment plan based on your finances or find alternative collateral. For example, you can use your property or asset rather than depositing the premium in cash. Doing so lets the company secure the bond they will deposit for you while giving you the chance to acquire freedom pending the trial.
Each case has unique circumstances. So, speak to your bail bondsman about your financial situation to enable you to acquire a pretrial release even with the little money you have.
Besides, you can contact a relative or friend to become your cosigner or indemnitor. The indemnitor signs the contract with your bail bondsman and assumes the duty of ensuring that you appear in court for arranged meetings and adhere to other conditions imposed by the bonds company and court. Cosigners provide an extra guarantee you will adhere to the terms imposed, and when you cannot, they will take financial responsibility for the total bail. Indemnitors assume a big responsibility. Therefore, before an individual cosigns your pretrial release, they should understand their duties and the repercussions they will face when you disregard the set conditions for the pretrial release.
Santee Bail Bonds Risks
While your bail bondsman will provide you with the financial support you need to leave jail, pending the case’s determination, signing the contract with the company comes with its risks.
One risk is that once you sign the agreement, you will be financially responsible for the entire bond when you disregard court pretrial discharge terms. As a result, you and your indemnitor will have a colossal financial burden to offset. The bail bondsman will revoke their bond, and you will be sent back to jail until you can raise money to pay bail afresh or find another Santee bail bonds firm. If you cannot afford bail or find a bail bondsman willing to help you leave custody, you will stay behind bars until the close of the trial.
Similarly, you risk losing your collateral when you contravene the bail terms. Many bail bondsmen require collateral before they can pay your bail. That way, when you breach the court terms and forfeit the bail bond, they can cease the collateral and auction it to recoup the money lost through the forfeiture. Typically, the property or asset you use as collateral is twice or thrice the value of the bail. Therefore, losing the property used as collateral can be a massive blow with lifelong consequences.
Again, failure to adhere to bail requirements can cause legal repercussions, including bail cancellation, re-arrest, and additional counts for failure to appear.
Your bail bondsman will not be willing to forfeit their money quickly. Therefore, when you skip town to avoid attending court, they will send a bounty hunter to track you and bring you back to court. Thus, when you sign a contract with a bail bonds firm, you should know that you risk becoming a fugitive and dealing with bounty hunters when you jump bail. Becoming a fugitive will complicate your life further, and the matter will likely have adverse consequences.
To secure the services of a bail bondsman, you must sign a legal agreement consenting to its ramifications and responsibilities. Therefore, before signing the contract, you should be willing and ready to comply with all conditions to reduce the risks associated with the process and streamline the entire court process.
Advantages of Partnering with Santee Bail Bonds
Regardless of the risks of obtaining bail bonds, several advantages of partnering with a bail bondsman exist. One of the benefits of bail bonds is that they enable you to obtain a temporary discharge from custody pending trial. You can resume your everyday life, spend time with your family, and prepare your defenses adequately.
Also, bail bonds relieve you of the financial burden of paying bail in cash. Very few people have thousands of dollars idle in an account waiting for an emergency like an arrest. And even when you have the money, you want to invest it or save it to generate interest. Bail bonds eliminate the burden of consolidating these funds within a few hours or days. Once you sign the contract with the bail bondsman, you pay the premium fee, and the company takes care of the rest. They will post the bail for you to enable you to direct your available money to hire private legal counsel to help you fight the case for a favorable outcome.
Another benefit of partnering with an experienced bail bondsman is that they will offer guidance throughout the case until the end of the trial. If it is your first time behind bars, you are not familiar with the process of posting bail. Again, you have little or no knowledge of your responsibilities after the pretrial release and the conditions you should abide by. Thankfully, your bail bondsman understands the legal processes, how to navigate the posting process and your responsibilities. These experts will explain to you the release conditions and ensure you fulfill them.
Bail bondsmen also save your time and reduce your stay behind bars. Once you sign the agreement, the company pays your bail and handles your release, reducing the time you have to spend behind bars. However, if you pay cash bail, you will spend more time behind bars because it will take time to raise the money.
Again, even if the money is available, the court can put a PEN 1275 hold on it if they suspect the funds are proceeds of crime. It means you will only exit jail once a hearing is held to establish the source of the money. You will not exit jail until you can prove the money is legitimate. Therefore, even when you have cash to post bail, using a Santee bail bonds will help save you time because the court will not be suspicious of the source of the company’s money.
Besides, reduced time in jail means you will avoid the psychological and physical suffering you endure while in custody because of being denied freedom and staying away from your family.
The law presumes you are innocent until proven otherwise. Therefore, acquiring a bail bond underpins this principle of presumption of innocence and lets you exercise your right to bail as you go through the justice system.
Conditions you Must Satisfy to Secure Santee Bail Bonds
When acquiring bail bonds, you should meet several requirements, including:
Bail Eligibility
You do not qualify for bail bonds if the court does not grant you bail for various reasons. Therefore, a primary condition you must fulfill to secure a bail bond is to qualify for bail. Some of the factors that determine whether you qualify for bail are:
- The seriousness of the crime you are accused of — Serious violations, like capital offenses, have restrictions that could see you denied bail.
- Your chances of returning to court or remaining in Sante after pretrial discharge also determine whether you will be released on bail — If the court deems you a flight risk, it will likely deny you bail.
- Public safety also determines whether you qualify for bail. If the court is afraid that releasing you pending trial puts your life and the lives of the public in danger, it will not grant bail, and if it does, it will impose strict conditions that you must obey.
- Previous criminal record and skipping court can negatively impact your bail eligibility — Therefore, you will not qualify for bail if you are a repeat offender or have previously skipped court.
There is no precise way of determining your bail eligibility. The decision is based on the circumstances of your case and a balance of public safety, your rights, and the interest of justice.
Bail Figure
Typically, bail is established in Santee using the San Diego County Bail Schedule. The schedule provides the amount a defendant must pay for a specific crime. Only a judge can increase or reduce these predetermined bail figures but must do it within the law. The factors they take into account when deviating from the amount provided include:
- Aggravating and mitigating circumstances
- Your chances of fleeing or jumping bail
- Public safety
- Your employment status, community ties, and family
Collateral
A collateral secures the bail bond and assures the bail bondsman you will return to court as arranged and fulfill all pretrial release terms. When the bail amount is significant, your bail bondsman will require collateral to secure their investment. Therefore, depending on your case’s circumstances, your company can ask for collateral as a condition for the bail bonds. The common collateral types include:
- Real property like land, a home, or a commercial building
- Highly worth vehicles
- Financial assets like stocks and bonds
- Other valuable items, like jewelry and collectibles
Before accepting any valuable item as collateral, the bail bondsman must assess its market value. The bail bonds company will return your valuables once received and you satisfy all court requirements. However, when you violate your release terms, and the company forfeits its bail bond, it will use the property to recoup its financial losses. Therefore, once you collateralize a bail bond, it is in your best interest to fulfill all court conditions to avoid forfeiture.
Santee Jail and Court Information
San Diego Superior Court
Las Colinas Detention and Reentry Facility
San Diego Central Jail
Find the Right Bail Bondsman Near Me
The process of acquiring freedom pending case determination is complex, but you can streamline it with the right guidance. When arrested in Santee, do not hesitate to contact Fausto’s Bail Bonds at 951-445-4455 for help. Our devoted bail bondsmen are available around the clock to answer your queries, address issues, and offer guidance.