Being in police custody is a nerve-wracking experience. Still, errors occur, and you could find yourself arrested. Knowing that you can post bail and secure your release as you await your trial is crucial. In this article, Fausto’s Bail Bonds discusses bail comprehensively, including the importance of bail, how to post bail, the release process, and whether you can leave the state while on Solana Beach bail bonds. We can also answer your questions and address your concerns.
Bail, Its Process, and Importance
The law presumes you are innocent until proven guilty. Bail is the legal tool that allows you to go home until proven guilty during trial, provided it is secure.
Bail offers many benefits, including the following:
- You can consult your criminal defense attorney and easily collect evidence that builds your defense when undetained.
- Bail promotes public safety — Before your release, the judge will impose bail conditions, like house arrest and complying with curfew. If you violate the conditions, the court could forfeit your bail.
- It permits you to continue working and spending quality time with friends and relatives.
- It allows you to enjoy emotional support from your loved ones.
Navigating bail and California’s criminal judicial system can be overwhelming, mainly if you do not know how they work. Here is what to expect:
Arrest and Booking Process
After the police arrest you, they will take you through the booking process, which involves recording essential information, mug shots, fingerprinting, full-body search, checking for warrants, doing health checks, and confiscating personal property and clothing.
If the prosecution team fails to charge you, the police should release you after forty-eight hours of your arrest, and you do not have to apply for bail.
Bail Hearing
A bail hearing is a legal court proceeding where the judge determines whether to release you from detention while you are waiting for trial. During the hearing, the presiding judge will:
- Release you on your own recognizance (O.R. release).
- Release you with specific conditions to abide by.
- Deny you bail.
- Require you to post bail.
A bail schedule, which outlines the bail amount in a case depending on the criminal charges and enhancements, guides the court when setting bail. The judge has the discretion to deviate from the bail schedule by either raising or reducing the amount. When making the modification decision, the judge considers the following factors:
- Form of the alleged criminal activity, like threats to victims or violence.
- Your criminal record.
- Whether you are a threat to public safety.
- Whether you are a flight risk.
- Your financial ability to post bail.
Posting Bail
Next, you should pay your bail amount.
One way is to post the entire amount upfront. You can use this option if you or your loved ones have enough funds and are okay with tying them up with the holding jurisdiction. The court will fund the amount once your case is closed and you have followed your release conditions.
Another option is taking advantage of a bondsman. Most Solana Beach bail bond companies agree to pay bail in return for ten percent of the entire bail amount. The premium is non-refundable, and the bondsman will keep it after the court closes the case and refunds the posted bail amount. Since this involves substantial financial risk, the bondsman will require a loved one to cosign the bond or use collateral. Otherwise, if the defendant skips bail, the firm will lose money.
It is wise to use bondsman services to post bail if you are prosecuted for a felony that requires a vast bail amount. The judge will require you to prove that the source of your bail amount is not felonious proceedings.
Release from Custody
Once you or your bondsman pay bail to the holding jurisdiction, the police will release you. The release process's length depends on many factors, including how busy the jail is.
You can speed up the release process by providing your bondsman with the following information beforehand:
- The defendant's full name.
- The defendant’s date of birth.
- The accused’s address and telephone number.
- The alleged criminal activity.
- The required bail amount.
- The defendant’s booking number.
- Name of the holding jurisdiction.
Attend Court Hearings
You should attend every scheduled court proceeding. Violating the bail condition could result in the court forfeiting the bail amount and charging you with additional criminal charges.
Your seasoned Solana Beach bail bonds can assist you in meeting your court attendance requirements. The bondsman understands that bail is not a punishment but a method to facilitate the legal process. That is why they will send you reminders of your scheduled court hearings.
If you skip bail, the judge will give your Solana Beach bail bonds firm 180 days to find you and return you to police custody.
Is It Possible to Bail a Loved One Out of Detention on the Weekend?
Imagine receiving a call that police have arrested your relative on the weekend and require assistance securing your release. You might wonder whether you can bail them out of police custody. The answer to your question is “yes.’’
However, you might experience challenges when bailing an individual out of police custody on the weekend due to the following reasons:
- Staffing at courts and jails — While many law enforcement authorities operate round the clock, courts have reduced staff on weekends. Some courts can handle proceedings like bail hearings and arraignments but defer most normal duties to weekdays. Therefore, the court could delay your initial bail hearing until the next business day.
- Bondsman’s operating hours — Since an arrest can happen anytime, many seasoned Solana Beach bail bonds operate round the clock. That means you can call them to initiate your bail process. Nevertheless, some companies might have reduced resources or staff during weekends, which could delay the release process.
- Release timeframes — With a skilled Solana Beach bail bondsman, you can secure your release within hours, mainly on weekdays, but the release timeframes change on weekends. You could be released within minutes if your bail hearing occurs on a weekend and the judge grants bail. You could remain detained over the weekend if the court postpones your initial hearing until Monday.
- Another thing that can impact the capability to bail a loved one out on a weekend is the kind of alleged crime. It is true if you are charged with a severe crime that attracts more bail than you can afford. A bondsman can post the required sum for you.
Why You Should Not Wait Until the Next Business Day
Time is of the essence when bailing a loved one out on the weekend. The longer a relative remains detained, the more hardships they will undergo.
For instance, you could deal with professional or personal complications or lose your job. Therefore, acting fast and working with a renowned bondsman who can assist you in accelerating the release process is wise.
What Happens When a Person You Bail Out is Rearrested?
When you bail out a loved one, you believe that they will attend the required court hearings as agreed. By upholding their end of the bargain, the defendant can receive a refund of the posted cash bail or save you from paying more than the required premium to your Solana Beach bail bondsman.
However, what happens if the suspect commits another crime or skips bail? In this case, the judge will:
- Revoke your bail.
- Issue a warrant of your arrest.
- Set another higher bail amount.
The judge will set another bail even when the offense is unrelated because the defendant has proven to be a threat. The new bail amount will be higher, irrespective of whether the offense carries less severe penalties.
While you can repost bail after the court sets it, it is not advisable. You will pay both bail amounts in full if the defendant is rearrested. Most bondsmen are hesitant to pay a second bail amount.
You should also consider whether posting bail again will benefit the accused. While the court will handle an offense from another arrest separately, violating a bail condition can affect the trial prospects. Therefore, if you repost bail and they break another law, it could substantially compromise existing cases.
What Happens After a Person You Cosigned Solana Beach Bail Bonds Flees?
When you co-sign a loved one, you vouch for them and agree to take responsibility for them. One risk of being a co-signer is that if the suspect flees town, you should pay the bail amount your bondsman posted. That is why you should consider the following before acting:
- Is the bail bond affordable — You need to consider whether you can afford to co-sign the bail bond and what would occur to your life if you lost the amount. You should reconsider your decision if losing the amount makes you poorer.
- Is the defendant trustworthy — Since your resources are at risk, you should ask yourself whether you believe the accused person will comply with your release conditions, including attending future court hearings. You should also consider whether they have previously skipped bail.
- Finally, you should ask yourself whether co-signing will negatively affect your relationship with the defendant. Most relatives believe their relationship can survive challenging events, but it is not clear-cut when huge amounts of money are involved.
Can You Leave California While on Bail?
When releasing you on bail, the court can set bail conditions to ensure public safety and that you attend your future court hearings. One of these conditions is travel limitations based on the severity and context of your criminal case. Additionally, they analyze whether the accused can flee town. If you have the financial ability to facilitate your flight or need strong community ties, the judge could restrict your travel.
It is wise to read and understand your bail conditions. Your criminal defense attorney can help you analyze the paperwork and clarify it since violating the conditions could lead to:
- Bail bond revocation — After the court revokes your bail, you will remain detained until your trial date.
- The court will issue your arrest warrant — The arrest warrant allows police to arrest you at any time and return you to police custody.
- Damage to your reputation — The court can consider you unwilling to cooperate with the judicial process, harming your reputation and increasing the chances of a harsher sentence.
- Asset forfeiture — After the court revokes your bail, it can forfeit bail money and assets you used as collateral, leading to potential financial challenges.
- Additional criminal charges.
If you believe the conditions are too harsh, your attorney can bring a motion for modifications to the Solana Beach bail bond conditions. The 14th Amendment to the United States Constitution protects your entitlement to freedom of movement. Your lawyer should assist you in preparing the appropriate arguments and documents to support the motion.
The judge can deny or grant the motion after considering factors like the motion’s intent, potential risks, and your previous adherence to bail conditions.
If you contemplate traveling during your release on bail, follow the following tips to avoid legal ramifications:
- Consult your bondsman and attorney — Depending on your bail bond contract, you should notify your attorney and bondsman of your proposed trip. They will guide you accordingly. The attorney will also submit the relevant document to the court, requesting that it permit you to travel.
- Seek court permission — The court is more likely to permit you to travel if you have convincing reasons, like a business trip or an emergency.
- Be truthful about your travel plans and reasons.
- Plan the trip cautiously — Consider your court date, among other bail terms, to ensure the trip does not conflict with bail responsibilities.
Courthouse, Jail, and Police Department Contact Information
San Diego Central Jail
1173 Front Street
San Diego, CA 92101
Solana Beach Police Department
175 N El Camino Real
Encinitas, CA 92024
Superior Court of California, County of San Diego
1100 Union Street
San Diego, CA 92101
Find a Renowned Bail Bondsman Near Me
Using Solana Beach bail bonds secures your release from detention and allows you to return to normalcy during your pretrial period. It is a legal tool that protects your constitutional rights and prevents the police from keeping you behind bars. Posting bail might seem complex if it is your first time, but it is more straightforward with Fausto’s Bail Bonds. Since an arrest can happen outside regular working hours, we are available 24/7 to help you efficiently and promptly. We can also offer you an affordable financial plan. Please call our office at 951-445-4455 to schedule your initial consultation.