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Securing a bail bond for yourself or your loved one usually provides a short-term but significant relief from jail. However, securing one is not that easy. In most cases, you cannot secure bail without assistance from a bail bonds agent. That is why El Don Bail Bonds is ready to help you. We offer efficient and reliable bail bonds services in Desert Hot Springs and the surrounding areas.
Understanding the Meaning of a Bail Bond
Bail refers to the amount of money a defendant is supposed to pay to get out of jail. On the other hand, a bail bond is usually paid by a Desert Hot Springs Bail Bonds company to the courts on your behalf for you to be released from jail. The bail bond serves as insurance that you will avail yourself in court for trials on all the scheduled dates or as the judge would order.
When you get arrested for committing an offense, either you will be detained until the time you are arraigned in court, or you will be set free after you post bail and wait for your arraignment out of jail. Though, the judge has to conduct a bail hearing to determine whether you will be allowed to be out on bail and the bail amount to post if granted.
Most of the time, if the bail is granted, the amount is usually too high for most people can afford in cash. Therefore, the only solution is to seek help from a Desert Hot Springs Bail Bonds company. A bail bond company acts like a lender that mainly deals with payments needed to free people from jails. Therefore, the company will post the money necessary to secure your release.
How a Bail Bond is Different From Bail
Usually, a bail and bail bond are terms used interchangeably when talking about jail release. Even though they are closely related, they aren’t the same, and they mean two distinct things. Bail refers to the total sum of money or collateral you need to pay for you to be released from jail. Just like a bail bond, the money acts as insurance that when you are set free, you will be obligated to make an appearance on the stipulated dates. While you post bail by yourself, a bail bond is posted by a bail bonds company on your behalf.
It is worth noting that posting bail or securing a bail bond is not a penalty for your offense. Rather, it serves as a way of securing your agreement to comply with certain conditions, which include returning to court for your trial. To a certain extent, bail or bail bond acts as security that a court is left with, which guarantees that after you have been released from jail, you will not fail to make appearances in court until the verdict of your case is reached. Therefore, if you violate the set conditions, you or the bail bonds company that posted the bond for you will lose the bail money.
Ways in Which You Can Post Bail
Generally, we have four main ways by which you can be released from jail on bail. They include:
Release on your own recognizance
This is a cost-free bail whereby you do not have to pay any money to be set free. The only thing that will be required of you is to sign a written citation or a form guaranteeing that you will attend all of your court hearings or trials instead of making payment. Being released on one’s own recognizance applies to minor offenses. Additionally, you may be required to request certain individuals like your employer or a member of the clergy to attest that you will make the proper appearances.
If you do not appear in court as you guaranteed, the judge will issue a bench warrant against you, authorizing the police to re-arrest you.
Cash bail requires you to deposit (in a lump sum and cash) the bail money the court would have determined that you should pay before being released from jail. Sometimes, you can make the payment electronically. But in most cases, cash bail would need hard cash; not posted through credit cards or personal checks.
A property bail bond is a bond where you post the value of your tangible assets like real estate to secure your release from jail. Property bonds are also referred to as secured bonds. The judge will want to see an up-to-date tax statement showing the property’s market value and if the taxes are updated, a warranty deed, and an updated mortgage statement indicating the asset ownership; that is if two or more people own the asset, etc. If you fail to avail yourself in court after posting a property bond, the property will be subjected to foreclosure. After the foreclosure, the court recovers the amount of bail you owe by selling the property.
Securing a bail bond is the most commonly used means to be released from jail. A bail bond enables an individual to be set free without spending much money or putting their assets at risk. Also, it is easy to secure a bail bond because it is the bondsman that prepares all the paperwork for you. Desert Hot Springs Bail Bonds firms offer various bail bonds based on the suspects and offenses committed. For example, they provide immigration bonds for alleged offenders that are non-citizens and weapons bonds for alleged weapons laws lawbreakers.
For a bail bonds company to post the bond for you, you have to pay a given percentage of the bail amount (usually 10%), which is normally non-refundable. This fee covers the risk of failing to show up in court.
The Arrest, Booking, and Bail Process
When you get arrested, you are typically booked at a sheriff’s office, police station, or jail where you will undergo a post-arrest process. The post-arrest process includes being booked. The booking process is a requirement of the law so the police can establish a valid and legal record for the arrest. The process entails various steps, which include verifying your identity, recording your personal details, recording the details regarding your offense, capturing and recording your fingerprints, taking your photo, and conducting background checks to look into your criminal history.
After the booking process, you will be put in a holding cell while your case is forwarded to the county prosecutor who determines to file formal charges against you. It takes about 48 hours for the prosecutor to reach his/her decision.
In most cases, if you are arrested for a minor offense, you may be released immediately upon signing a citation promising you will avail yourself on the set court trial dates. This is what we termed before as being released on your own recognizance. Before you can be released on your own recognizance, the judge will consider factors like the nature of your crime and your criminal record.
If a written citation is not enough to guarantee that you will appear in court, the judge will need you to leave financial collateral. This is what leads to a person posting cash bail, property bond, or a bail bond.
Before being placed in a holding cell, you are allowed the right to make a phone call. You may call your family or a Desert Hot Springs Bail Bonds company and inform them that you have been arrested. If the county prosecutor doesn’t file charges, the case is dropped, and you are released from police custody. But if the prosecutor files charges, a predetermined bail hearing will be conducted to decide on the bail amount you should post. The process to have you released commences as soon as you deposit the bail money, and how long it takes is based on the jail you are held.
The Bail Hearing
First, before the court determines what amount you need to pay as bail, it has to decide whether or not you qualify to be released on bail. The judge considers several factors that help him/her decide whether to grant or deny bail. They include:
- Your criminal history
- If you pose any risk to your community
- Family relations
- Your physical and mental state
- Any record of substance abuse
- How long you have lived in your community
- In case you are a flight risk
- Your financial ability
- A record of your appearances at previous court proceedings if any
Apart from being released on the condition that you appear in all court proceedings, you may also be subjected to other restrictions. For instance, you may be restricted to travel or be required to do regular drug, medical, alcohol, or psychological testing, or treatment.
After the hearing, you have to pay the agreed-upon amount to the court. If you cannot afford the amount, you can make a deal with a Desert Hot Springs Bail Bonds company to post the money for you. After paying the non-refundable fee, the company sends a bail bond agent to deposit the whole amount needed, thereby securing your release.
Find Bail Bonds Services Near Me
In case you or your loved one has been arrested in Desert Hot Springs and is seeking bail bonds services, El Don Bail Bonds is readily available. We have experienced and friendly bail bond agents, available 24/7 to ensure all your needs are met. Contact us at 760-342-0444 for any inquiries or to let us know how we can help.