BAIL BOND FAQ
What is bail?
The bail system in the US is a critical to the criminal justice system. Based on the severity of a crime, a bail may be set. This is a sum of money, which if paid, allows an accused citizen to be released from a detention center while he or she prepares a defense and attends court while maintaining their daily lives. In many criminal cases, a bail bonds company that represents the defendant may post bail on his or her behalf. The California bail bondsman is then responsible for guaranteeing the person’s appearance in court. The Eighth Amendment of the United States Constitution offers the right to reasonable bail—but this right can be revoked in certain circumstances.
What is a bail bond?
A bail bond is a financial guarantee, much like an insurance policy, that is used to guarantee that person’s appearance in court all the way through to the end of their trial. Failure by the defendant to appear in court will result in the bail bond being forfeited.
How does a bail bond work?
It is not uncommon for California bail bonds policies to vary by county. When someone is arrested, the court system in the specific county will demand an amount of money required for the release of the accused. Defendants have the right to reach out to a bail bond company who will provide the money up front, this agreement guarantees payment of the full bail amount to the court if the defendant does not show up for his or her appointed court dates. Bail bond companies charge a premium for providing this service to arrested citizens. The fee is 10%, and this percentage has been mandated and is regulated by the state of California Department of Insurance. For example, if a bail amount is set at $50,000, the premium will be $5,000 plus any additional fees required. The premium is non-refundable once the defendant is released from custody.
What is the difference between the bail bond amount and the bail bond premium?
The court sets the bail bond amount; it is the total sum of money owed by the accused (the $50,000). The premium is the percentage that the bail bonds company charges in exchange for providing the defendant his or her freedom from jail (the 10% or $5,000).
Who sets the bail amount?
Bail amounts are different in each of the counties and are set by the courts each year and form what is called a bail schedule.
A judge or court sets the bail only to ensure the appearance of the accused in court, not to reprimand or discipline the defendant.
When excessive bail is demanded, it is not only an inappropriate use of the system, but is also an abuse of constitutional rights. When the court sets an amount for bail in California, the court considers the severity of the charge, the arrested party’s previous criminal record, and the likelihood of the accused showing up for his or her court hearing or trial.
In addition, the court gauges the safety of the public if the accused citizen were to be released. They consider any claims of abuse or allegations of injury sustained by the victim. Then they decide whether or not the person arrested is considered a danger to the public or to him/her self. The court considers any threats made to the victim, the victim’s family, or any witnesses of the crime. If the defendant has used a deadly weapon or was under the influence, or in possession of any controlled substances the bail bond outcome may vary.
If there are any changes, a judge or magistrate must state in very detailed and specific terms the reasons for the alteration. The court must also reflect on any evidence presented by the incarcerated individual concerning ties to the community and capability to post bond. In order to secure the defendant’s appearance in court, the bail amount set must be within the reasonable minimum range.
How much does it cost to bail someone out of jail?
All cases are different as are personal situations and budgets. In order for us to answer this question quickly and efficiently we need more information from you, so please contact us directly at (916) 723-4552 and a licensed bail bondsman of Leonard Padilla Bail Bonds will be able to assist you in determining the best remedy for your situation.
What is a co-signer or guarantor?
A co-signer of guarantor is a person(s) who is willing to take on the responsibility of the defendant while they are released, after bail is posted. This person co-assumes the financial responsibility, including an agreement to pay the full bail bond amount if the defendant does not appear in court after a pre-determined amount of time.
What is a forfeiture?
When a suspect fails to appear in court on the scheduled day, this results in a forfeiture of the bond agreement. When a defendant misses a court date, a warrant is issued for the return of the accused to the court. In most cases the bail bond company may reinstate the bond by working with the defendant and the court in getting a new court date.
What is a summary judgment?
Following bail bond forfeiture, the court issues a summary judgment. At this point, the full amount of the bond is due to the court by the bail bond company and others who have co-assumed financial responsibility.
What is a reinstatement?
If a defendant misses his or her court date, the opportunity still exists to have his or her warrant removed and for the bail bond to be reinstated by the court. Because Leonard Padilla Bail Bonds has an excellent working relationship with the courts, this part of the process runs smoothly and can be expedited. The reinstatement process may sometimes result in additional fees to the defendant/co-signer.
What does it mean when a bail bond is exonerated?
A bail bond is exonerated when the legal process or trial has finished, whether the defendant is found guilty or innocent or if the case has been dismissed. At this juncture, the bail bond is settled. However, any unpaid premium and or fees still owed to the bail bond company must be payed.
Is my premium refundable?
The defendant and any co-signer(s) are responsible to Leonard Padilla Bail Bonds for the premium and any fees or additional expenses incurred by Leonard Padilla Bail Bonds on their behalf. These monies are earned at the time the defendant is released from custody and therefore by law are not subject to return. This is the case even if the defendant is found innocent, the case is dismissed or the defendant is placed back into custody for another offense.