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Jail is the last place someone would want to find themselves, let alone spend a night. If you find yourself in such a situation, your main concern will be how to get out as fast as possible and the first step you would consider is bail. However, it could take a lot of money to be released out on bail, money that you may not have. El Don Bail Bonds is here to come to your rescue to help you secure a bail bond. We are a full-service family bail bonds company that serves clients in Corona, CA and other nearby cities. We provide friendly, professional, and discreet services and we will strive to ensure you or your loved one is out of jail.
Understanding Bail and Bail Bonds
Even though bail and bail bonds are closely related and may be used interchangeably in a jail release process, they are not the same. Bail is a certain amount of money that you pay to the court to secure your release from jail. It is a financial assurance that you will present yourself in court during trial. The bail money is returned to you if you appear in court as needed. However, if you don’t, you can be arrested and lose the bail money.
Before you deposit the bail money, the court will have a hearing to determine whether you should be granted bail and the appropriate amount you will pay. In some instances, the defendant doesn’t have to go through this process as the bail sum is already predetermined. Note that it is not a guarantee that the court grants bail. In serious cases, the court can deny you bail. During the bail hearing, the court considers several aspects which include;
- Your criminal history
- Family relations
- Any substance abuse history
- The resources you have financially
- If you have ever heard a hearing before
- Your mental and physical state
- The period of your stay in that region
A bail bond, on the other hand, is posted on behalf of the defendant by a bail bonds company as a surety in order to be released from jail. The process is conducted by a bail bond agent or a bail bondsman. The bail bond agent charges a nonrefundable fee which is normally 10-20% of the bail amount. The bail bond company then signs a surety bond where it agrees to be accountable for the remaining bail amount should the defendant fail to present him/herself in court. In addition, the defendant has to provide collateral to make sure that they will pay the company back.
Bail bonds are classified into two types;
- Criminal bail bonds
This applies to criminal cases and guarantees that the defendant will appear for a trial when the court demands. It is also a guarantee of the settlement of any penalties or fines against the suspect.
- Civil bail bonds
This applies to civil cases. It guarantees that any debt, cost, and interest calculated against the suspect are paid.
What Happens When You Are Arrested?
When you get arrested, you will be taken to jail where the booking is done. The booking process entails verifying your identity, recording your fingerprints, and searching if there are other criminal charges against you. This info is used to determine the possibility of being released on bail and the amount needed if it were to happen.
Before being detained, you can communicate with your bail bonds company, relatives or close friends to inform them of your arrest. However, in some minor cases, you don’t have to hire a bail bonds company. You may be released after you assign an agreement to appear in court without fail.
After being charged, a predetermined bail hearing will be set to determine the amount you need to post to be released from jail. The process to get you released starts as soon as you have posted your bail and the completion of this process varies across jails.
What Determines Whether You Will be Granted or Denied Bail?
During a bail hearing, there are some aspects a judge must look at for them to grant or deny bail. In Corona, California, there are two main and other minor factors a judge considers. They include;
- A threat to the public upon release
Whether you will be granted bail or not and the bail amount (if granted) depends on the danger you pose to the public. The judge will also consider other factors such as;
- How serious the offense you are charged with is
- If you had threatened the victim in any way before
- The possible danger you pose to the victim or their family
- Your criminal record
- How strong the initial evidence is against you
- Statement by the victim in relation to the threat you pose
- The possibility of appearing in court
Here, the court will look at your past record to find out if you have ever failed to present yourself in court in either the past cases or the current one. It will also consider the bond you have with the community or your family and if at any point you deliberately deceived the court in a past appearance.
The court will grant bail if it is contended that you will be present in court when summoned. You may be released without bail after you have signed an agreement that you will appear in court. This is referred to as release on one’s own recognizance.
- If the source of the bail money is questionable
The prosecution is entitled to challenge the source of the bond money through a hearing. If for any reason the court is convinced that the bail amount or collateral is unlawfully owned by the defendant, it will not grant bail. In the event that the prosecutor has any doubt of the legality of the collateral and the bail premium, s/he can demand a hearing. The defendant won’t be released until the hearing is over. The defendant must then prove to the court that s/he obtained the bail amount and collateral legally.
- Flight risk
If the defendant is most likely to flee out of the country or the state so as to evade court hearings or being rearrested, the court will deny bail. In most cases, defendants who are facing serious cases and the possibility of facing severe sentence are the ones more likely to flee. Unlike those with minor charges, it is possible for the court to deny them bail or set it quite high.
Can a Judge Increase Your Bail Amount?
If a judge increases a defendant bail amount, she/he can reduce it as well if she/he believes that it is lawful. When the defendant has been accused of a serious crime, the possibility of the bail amount being reduced lower than the stipulated bail amount for that crime is minimal. The reduction can only be possible if the defendant convinces the judge of unusual situations or a good cause that will make the judge lower the bail. If the defendant is seeking for the bail amount to be reduced, the prosecution may unveil new evidence which the judge may rule that the evidence warrants an increased bail amount.
What Happens After the Case is Concluded?
Bail can be expensive in most cases that you can only hope to get your money back after the trial. However, it is not always the case unless you adhere to the law. In Corona, CA, the bail amount will be returned to you if any of the following is true;
- If your case has ended
- If you are to undergo a drug diversion program as ordered by the court
- If the court declares that you are unfit for trial
Note that the bail money will only be returned to you if you made all the court appearances. If you don’t appear in court, the money will be forfeited. Again, if you are rearrested when out on bail, the bail money will not be refunded.
In case you are found guilty after a trial and sent to jail, the bail money will pay for any fines or penalties you have been charged by the court. If there are no fines, the bail amount will be returned during the sentencing time.
It is quite cheaper to hire a bail bonds company because you will only pay a small non-refundable percentage of the total bail. The company will then pay the bail for you while you are responsible for making all court appearances.
Property bail bonds are like cash bail because you have surrendered the value of the property to court in order for you or your loved one to be released. This means that if the defendant fails to show up in court, the court will lawfully seize the property.
Finding a Bail Bonds Company Near Me
To many residents of Corona, CA, who have been released on bail, Exit Bail Bonds have been at the heart of most of these releases. Our agents are available to accommodate your financial needs and provide bail bonds services to anyone who is in custody. Get in touch with us by calling 760-342-0444 and we will address any of your concerns immediately.
Great bail bond company I would recommend if you need someone reliable and honest - Orange County Criminal Lawyer
El Don is the best when it comes to helping people with bail bonds. Honesty and Reputable! - Los Angeles Criminal Lawyer