How does the bail bonds process work in California?
Most of us here about bail on nearly a daily basis for example when someone gets arrested. We hear things like “that person was released on a fifty thousand dollar and has been ordered to return to court in 2 weeks”. You may be asking yourself, what is bail, how do bail bonds process works in California, and why do defendants have to return to court if they were already released on bail. If you are interested in understanding how Bail Bonds works, Avolevan Bail Bonds will take the time to explain so that you know how it works.
When someone is arrested for an alleged crime, that person is taken into custody by law enforcement, and he or she is brought to the local jail. Once they arrive at the jail, they will be processed and booked. Their fingerprints will be taken and will be checked throughout the country to make sure the person has no outstanding cases or warrants. The jailer will set the bail amount based on a bail schedule. Each crime has a state-mandated bail amount set by the courts of California. The individual could stay in jail until their court date, or they can post bail to be released while awaiting trial. In California, the bail can be posted in the following ways:
- Cash Bond – Paying the full amount in cash for posting the bail
- Bail Bond – Hiring a bail bond agent to post the bail
- Property Bond – Posting a property as a bail with the property having value double the bail amount
What is bail?
Bail is a financial agreement that a bail bond agency will make on behalf of the person arrested. A Bail Bond agency will arrange with the court to have the defendant released from jail while pending trial in exchange for money, collateral, or bond. The court sets the bail amount.
The bail bond agency is responsible for ensuring that the defendant arrives at every one of their court dates. If the defendant does not appear in court, the bail bond agency is in charge of bringing back the defendant.
How do Bail Bonds and bondsmen work?
Bail bond agencies typically charge a fee of the bail amount to be able to bail your loved one out of jail. In the state of California, bail is mandated at a 10% rate. This fee is nonrefundable even if the district attorney dismisses the case after posting bond.
If the defendant does not show up to court on their court date, the bail bondsmen have the right to hire a bounty hunter to find the defendant and bring him back to court. The bondsmen also have the right to sue the defendant and any cosigner for costs of court. The bail bond agency may also recover any unpaid monies by taking the collateral that may have been put up to bail someone out.