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When you are arrested in Banning, CA, you are likely to end up in a correctional facility such as the Larry Smith Correction facility. Still, you may be able to avoid spending time in jail by posting bail. The bail amount acts as a surety to the jail and court that you will not flee after your release and will appear in court as required.
Posting a bail may require considerable experience. Additionally, you want a company that cares for your interests by ensuring that you get the best bail bond option depending on your situation. El Don Bail Bonds is a company local to Banning, California and offers immediate bail bond services to get you out of jail. Read on to find more information on the bail process and other aspects of bail bonds.
Definition of Bail
Bail is informally referred to as the amount of money that a defendant is supposed to pay to secure their release from jail. In a more general form, a bail refers to the entire process of getting someone out of jail through a bail bond. The bond acts as a guarantee of their return to answer the pending case when required. The judge sets the amount during a bail hearing process, which is to be deposited with the court or jail clerk and is refunded when the case ends.
Bail may be posted as cash or through a bond. A Surety Bond is a legal agreement with a bail bonds company, where the company deposits your bail and charge a certain fee for their services. In Banning, California, bail bonds companies are required to make public their charges to avoid fraud and exploitation of the defendants and their families.
These are the lists which show different amounts of bail applying to various crimes. The state laws of California will determine not only the value to be posted as bail for the criminal defendant but also whether or not they can post bond and get released from police custody without a bail hearing.
A judge can decrease or increase the bail amount when they find it appropriate.
Bail Hearings and Restrictions
The court determines the amount of bail to be paid for a particular case in a bail hearing. In some cases, the court denies a criminal defendant the right to post bond depending on the magnitude of the offense they are accused of and their past criminal history.
Other than determining the bail amount to be paid, the court imposes some limitations which are most similar to those of individuals on probation. Violation of these bail conditions can lead to re-arrest of the defendant and jail till the hearing date.
Some of these bail restrictions include:
- Travel Restrictions: Unless with special authority from the court, criminal defendants who have been released from jail by bail are not allowed to leave their area of residence. Any attempt to leave may be termed as an attempt to flee and escape of a court hearing, leading to arrest;
- Employment Status: If a defendant was released by bail, the court requires them to continue doing their jobs while out on bail. If you are unemployed, you may be required to seek a job to reduce the chances of escaping the pending court hearings;
- Pretrial Check-ins: More like, people on probation or parole should check in with their parole or probation officers. The primary role of these pretrial officers is to ensure that the defendants strictly comply with the orders given by the court;
- Firearms Restrictions: Whether the criminal charges involve violence and use of firearms or not, orders of being released by bail require a defendant to refrain from the use or even possession of any guns;
- Drug and Substance Abuse: If your case involves drug possession or dealing, drunk driving, and other offenses involving drugs, the bail release orders may require you to refrain from the use of any drugs or alcohol;
- No-Contact Orders: If you are facing charges such as domestic violence, making criminal threats, and stalking, the judge may order you to stay away from the victim of the crimes.
Dealing with a Bail Bondsman
Due to their constant dealings with accused people, bail bonds agents (bondmen) may seem like part of your process. You need to understand that bail bonds is like any other business out there. It is essential to ask for identification and licensing of the bail agent. Their correct identification will help you to avoid falling prey to scammers.
Before you decide to seek services from a given company, it is essential to understand their rates and any other additional charges clearly. In California, it is expected that a bondsman charges 10% as premium. The rates may be low depending on the level of risk that the agent is likely to encounter when they post your bail. Such risks include the chances of defaulting to pay the agent after your case ends and the possibilities that you will attend the court hearings. Nonetheless, you should avoid exceptionally cheap rates since they may indicate a looming scam activity.
Just like regular loans, you should be careful not to be influenced into something you cannot pay back. Getting a copy of any documents you sign can as well be a safety measure for you.
Additionally, the agent should always be available to answer any questions you may have. The agent should be able to guide you through the bail process and, practically ensure that you appear before the court.
Bail Violation and Failure to Appear for Trial
Bail violation is a situation where a person released on bail does not appear in court on the date of the hearing. There is still a chance that the court could return the bail money and, hence, the person remains in police custody until a further hearing date.
The judge accepts reinstatement of bail if you can be able to prove that there were reasons valid enough for not appearing for the court hearing.
If you fail to appear in court, the bonds agent is given a grace period by the court to find and take you back to custody. The services of a bounty hunter are sort if you the agent cannot trace or locate you. In this case, the bounty hunter has to find and take you to police custody.
Note that failing to appear before the court or violating a bail release order might pose significant hurdles to your future bail request. If you are arrested in the future, the court will scrutinize your record and, mostly, deny your bail request if you have a history of violating after-release orders.
What are the Advantages of Using a Bail Bonds Agent?
Seeking the services of a bail bonds company in Banning will save you money since you only incur a 10% cost of the total bail. Since an arrest is usually an unforeseen event, you may not be having the ability to gather the required amount of money for bond on short notice; but you may be able to pay an agent in installments after your release from jail or the termination of your case.
Also, bail bonds companies give you a secure and convenient way of paying since they allow you to pay in installments as cash, debit, or credit. You don’t have to worry about handling large sums of money and taking them to the jail or court.
Finally, using a bail bonds agent will guarantee you free professional advice. They will guide you throughout the process of bail, evaluate your case and determine the best option, and update you on your case proceedings. Basically, a bondsman acts as your lawyer by keeping you informed in all matters concerning your case.
Do You Get Back Your Bail Money from a Bail Bondsman?
Before using an agent to post your bail, you must sign collateral in the form of a valuable property or security agreement. The agent will sign back the security agreement form after your case ends and take their 10% fees. This means that you only incur the percentage amount charged on your total bail amount as the bail premium or bondsman fees.
After the case ends, you get back the property you used as security. Thus, you won’t get back the money that was charged as bondsman fees.
The only time you get bail money is when you raised and paid the required bail amount to the court or jail without the involvement of an agent.
Finding a Bail Bonds Company Near Me
If you are arrested in Banning, California and you need a reliable company to help you post the bail amount, we invite you to contact El Don Bail Bonds Company via 760-342-0444. Our agents are not only ready to post your bail amount but also willing to advise you on all aspects regarding the bail process. Reach us today for free consultation and evaluation of your case.