Most people only hear about bail and bonds. They are common terms that are used every day. For instance, when a person is arrested, we will hear statements like, “he/she was set free on a bond of a hundred thousand.” You could be asking yourself what bail is and how the bail bond process works in Morongo Valley, California. You may also be wondering why a person that is released on bond has to go back to court. Read on through this article. Bail bond experts from El Don Bail Bonds expound on these issues so that you know how the processes work. Also, if you are looking to bail out your loved one or even yourself after an arrest, contact us, and we will get the process started right away.
Bail and Bail Bonds- An Overview and Definition
Paying bail or securing a bond to be released from jail might appear to be an easy concept. Ideally, if a person gets arrested, another person could pay money, and then the jailed individual is set free. While this is the most fundamental idea behind the introduction of the bail system, we have a lot more entailing the process.
Usually, a lot of Morongo Valley residents who are not conversant with the criminal justice system wouldn’t know what to do when facing a situation that requires bail. The questions most of them would ask is, do you remain locked up in case you are unable to raise the bail amount that is required? Can another person pay the bail on your behalf? Can you approach a bail bonds agent to secure a bond for you? And if you were to approach a bail bondsman, how do you do it?
Any person who is facing an arrest, or whose loved one or family member has been arrested must understand the following:
- How the bail process works
- How different courts determine amounts of bail
- What payment methods to use
- Other bail-related issues
Bail refers to the money you or someone on your behalf should pay to the court to secure your release from jail. This money is a surety that you will return to court to complete the remaining process of your case as the court would order. Thus, bail isn’t a punishment imposed beforehand to a defendant being convicted of an offense. Instead, it is a way of ensuring that a defendant makes court appearances without having to detain him/her.
On the other hand, a bail bond refers to a financial contract a bail Bonds Company makes with the defendant to secure his/her release from jail. After the agreement with the defendant, the bail bonds company then agrees with the court to have it free the defendant from jail pending a trial. In exchange, the company will pay collateral, bond, or money to the court. It is the court that sets the amount of bail the company will pay.
Part of this agreement is that the company is liable for making sure the defendant attends all of their trials. If he/she fails to appear, the bail bonds company should find the defendant and bring him/her back to court.
Note that failing to show up in court after a release on bail has serious consequences. For one, you risk losing your entire bail amount. Also, a judge may issue an arrest warrant against you, and if you are caught, you may be charged with a failure to appear offense. You can only avoid these consequences if you have a valid reason as to why you did not appear in court. Valid reasons include:
- You have a disability that prevented you from appearing in court
- You were arrested and held in another jurisdiction
- You suffered a severe illness or injury that you had to be hospitalized
Remember to back any of these reasons with relevant and valid documentation to prove you are not making any of these up.
If you appear to all of your court hearings and the court finds you innocent after the trial, the bail amount will be returned to you. But if you are convicted, the amount will be used to pay for any fines imposed by the court.
Arrest and Booking
When you get arrested in Morongo Valley, you will be taken either to a Morongo Valley Jail, Sheriff's station, or a police station. Here, you will undergo an administrative process. This process is known as booking. If your case is minor, the police may release you immediately after booking without pressing charges. However, if you have a severe case, charges have to be filed. In this case, you will be detained up to the time you are bailed out, the court gives its verdict, or your case is resolved in any other way.
During the booking process, an officer will perform various tasks. These tasks include recording personal details like name, age, and date of birth. Other tasks are taking you a photo, recording your fingerprints, doing a health assessment, and taking your belongings and putting them in storage. Booking in a Morongo Valley Jail can take about two to eight hours to complete.
After the booking procedure, your case is forwarded to the office of the county prosecutor. The attorney reviews your case and determines whether or not to press charges. He or she may charge you with a misdemeanor, a felony, or not charge you at all. As the prosecutor reviews your case, you will be put in a holding cell. But before you are placed in a holding cell, you are allowed one phone call. You could call a bail bonds agency within the area to start the process of bailing you out if your case is severe.
If no charges are filed, you will be set free. If you are charged with a misdemeanor, you may be released but will be made to sign an agreement that you will appear in court. This is referred to as release on your own recognizance. And if your case is severe, you may only be released after you pay a particular bail amount as agreed upon by the court. In certain cases, you may not be released; you will remain in custody until your case is resolved.
Morongo Valley Jail Bail Schedules
Bail schedules refer to lists of amount of bail that applies to personal offenses in a given jurisdiction. For instance, if you are arrested for vehicular manslaughter for financial gain in Morongo Valley, your bailout amount will be $100, 000.
It is the state laws that determine what amounts of bail are ideal for each offense and whether a defendant can be released without the need for a bond. They also determine whether a defendant can post bail after booking or a bail hearing should first be conducted. For instance, in California, a bail hearing must be held in any case that involves specific crimes like spousal rape, spousal battery, and terrorist threats. Also, the laws allow judges the discretion of decreasing or increasing the bail amount any time the court sees it appropriate.
Bail Hearings and How Bail is Determined
When a court conducts a bail hearing, it’s usually to determine the amount you are supposed to post as bail. Note that it is not a guarantee that a court will always grant bail; it can deny it based on certain circumstances. In the determination of the bail amount, and whether to grant or deny it, the court will consider the following factors:
- Community connections
- Flight risk
- Family obligations
- Your assets and income
- Your criminal record and court history
- The severity of the offense
- Public safety
Bail Bonds Payment Process
Although bail and bail bonds are often used interchangeably when discussing jail release, these two are different, and so are their payment procedure. Bail can be posted by the defendant him/herself or the defendant’s loved one to secure his/her release from jail. On the other hand, a bail bond is posted by a bail bonds company after the defendant and the company agree on certain conditions.
Usually, for a company to agree to post a bond on your behalf, you must agree to pay a non-refundable fee that is 10% of the total bail amount to the company. After you pay this amount, a bail bondsman will go to a specific location to post the whole bail amount securing your release. The location could be a Morongo Valley jail where you are being held or a courthouse. A clerk or cashier in that location will receive the bail payments. The bondsman has to provide specific information to the person receiving the payment; for instance, the name of the defendant, the amount of bail to be posted, and the booking or case number.
After the bail amount has been received, the clerk informs the corrections officers detaining you to release you from custody. In certain cases, you will be released immediately since the clerk or cashier is right there at the jail. In other cases, it could take hours to be freed.
Posting bail in a Morongo Valley Jail or courthouse can be done using either of the following;
- Debit card
- Cashier’s check
- Credit card
- Money order
- Traveler’s checks.
Find Reputable Bail Bond Services Near Me
If you are looking to bail your friend, family member or loved one out of a Morongo Valley Jail, El Don Bail Bonds is here to help. The process of securing a bail bond is much easier and faster than you may think. Even better, we provide consultation services free of charge, and our bail bond agents are on duty 24/7 to help you. Call us at 760-342-0444, and we shall start the process right away.