Bail bonds are a great way to get out of jail when you are arrested. Bail can be set at amounts that range from $1,000 to more than $100,000. Few people have large disposable amounts of capital. Bail bonds allow you to pay only 10% of the bail amount to secure your release. However, even raising the 10% down payment can be expensive, since it is an unplanned expense. Exit Bail Bonds make the process easier by offering clients 2% down bail bonds.
What Are Bail Bonds?
An arrest can upset your life in many ways. You get separated from your loved ones, you miss time from school and cannot continue with your career. If you are the breadwinner, your family will suffer while you are in jail. The eighth amendment gives every American the right to release on bail as they await trial. To uphold this constitutional right, courts allow offenders and suspects to access bail.
Bail is the amount a defendant or their loved one pays to a court with the promise to appear for all court proceedings. Bail can be set at very high amounts, which most people cannot afford. Bail agencies give such people a chance to access bail by issuing bail bonds. Bail bonds are also available to individuals who, although they can afford bail, have other commitments and obligations with the money.
A bail bond is a formal agreement among the court, the defendant and/or cosigner and the bail agent, stating that the bail agent will fund the release of the defendant, on the condition that the defendant appears in court on the appointed date and time. It is a form of exchange between the defendant and the court, with the bail agent as the facilitator. The agent takes responsibility for raising the bail in case the defendant skips a court appearance. It is a commercial system which benefits the defendant, agent, and the court. The defendant gains his or her freedom; the bail agent earns a commission and saves costs for the criminal justice system.
Bail reduces costs on the criminal justice system by releasing offenders or suspects, therefore, freeing up jail space. Bail is not a form of punishment for committing a crime. The amount set aims at discouraging the defendant from committing other offenses and encourage them to show up in court.
You, your family, a colleague or your lawyer can contact a bail agent as soon as you are arrested. The agent will collect the personal details of the defendant, the reason for the arrest, employment details, the facility in which they are detained, and other relevant details.
The information helps the bail agent determine whether the defendant is a suitable candidate for the 2% down bail bonds. If you qualify, the agent will start processing the necessary paperwork to get you out of jail as soon as possible. Once you are out, you are supposed to finance the remaining amount through flexible monthly payments.
What is the 2% Down Bail Bond?
The 2% down bail bonds is a payment plan that allows you to deposit only two percent of the total bail. It works as a form of credit that allows you to secure release when you cannot raise the standard 10% fee. Once you are free, you or the cosigner have to pay the remaining balance in installments, or as agreed. You also have to attach collateral to secure the bail agent's risk.
The 2% payment indicates your commitment to pay the remaining amount once you are out of jail. The bail agent will look at your credit, your ability to pay, your arrest history, and the crime for which you were arrested to determine whether you qualify for the 2% down bail bond.
If you are a cosigner, the agent will examine your credit, employment, ability to pay, and assets that you have to determine if you can cosign for the defendant. In addition, you must be a legal US resident and must have resided in California. You also have to make payments on the balance as agreed to keep your credit record clean.
The 2% down bail bonds may come with additional charges that are usually outlined in the bail agreement. You have to read the bail agreement before signing to ensure that you understand the responsibilities involved.
You can pay the 2% down bail bond using cash, check, or credit card. You can also organize for the bail through the phone or by filling an online form.
The 2% down bail bonds give you a flexible and cheap payment plan that enables you to handle the unexpected expenses that come with a bail. It reduces the pressure of getting into debt to pay for bail, by letting you pay an amount you can afford. Therefore, when applying for the 2% down bail bond, you have to be honest with the bail agent about your financial position and how much you can afford in monthly payments towards the bail deposit.
How Do Bail Bonds Work?
Every offender or suspect is innocent until proven guilty under trial, meaning that they still have their right to freedom. One common way of getting out is through cash bail, where you pay the full bail amount to the court, then you go free. However, due to the high cost of living, it is possible that you cannot afford the amount. In such a case, you hire the services of a bail agent, to take responsibility of the bail.
A bail bond agent is an agency, individual or business that offers bail bonds to defendants at a fee, usually 10% of the bail amount in California. Bail bonds are regulated by the California Department of Insurance, which sets guidelines that bail agents should adhere to. The CDI also issues licenses to bail agents, giving them the permission to operate in California.
The bail bond process begins as soon as you are arrested, and in some cases, when you learn that a warrant of arrest has been issued against you. When an arrest warrant is issued, you need to contact a bail bondsman before turning yourself in. Once you turn yourself in, you will be processed, as the agent works on your bail.
If you were caught committing a crime, or are suspected of committing a crime, the officer will arrest you and take you to the nearest station for booking and processing. The officer will take your personal details, check your criminal record, collect fingerprints, and any valuables that are on you. You will then be booked into one of the local jail facilities.
The next step involves arraignment, where the court will read the formal charges against you. In California, the bail hearing proceedings are conducted during the arraignment stage. You can have your lawyer representing you during the hearing or have the court appoint a lawyer for you if you cannot afford one. During the bail hearing, the judge will determine whether you qualify for bail and will set the amount.
Determining the Bail Amount
The arresting officer and the court have the power to release you on your own recognizance. Own recognizance release requires that you make a written promise to the court, stating that you will return to court on the appointed dates. You will also have to comply with any restrictions the court gives, including remaining in the are or maintaining contact with the court. Depending on the crime you committed, you may lose certain privileges such as driving and avoiding any contact with the alleged victim (in the case of domestic violence). When you violate the terms of own recognizance release, you are arrested and lose the chance of qualifying for bail.
In other cases, you will first be charged then released on bail. The judge sets the bail amount depending on several factors:
Your criminal history
Your familial and community ties
Whether you are a flight risk
Previous court attendance behavior
The crime you are charged with
Your ability to pay bail
Whether there are mitigating factors
The bail schedule
The bail schedule is a uniform list of the amount of bail a defendant is supposed to pay. It contains the most common crimes, including infractions, misdemeanors, and felonies. The judge can increase or reduce the bail amount at their discretion.
In some cases, you can request for the reduction of a bail amount, if you feel it is excessive. Your criminal defense attorney can request for a reduction on the bail amount during your arraignment or by presenting a written motion to reduce bail to the court. The lawyer can use arguments such as your ties to the community, your past court attendance behavior, the seriousness of the crime, and your harmlessness to society.
You may be released on bail soon after booking or may have to wait for a bail hearing.
Bail hearings determine whether you get released on bail and the amount you should pay. As soon as the court sets the bail amount, you can request the 2% down bail bonds from Exit Bail Bonds. The approval process takes a short time, and release soon follows depending on the facility in which you are detained.
Conditions of Release on Bail
When you are released on bail, you have to adhere to a number of court-determined conditions. The conditions may include the requirement to:
Find employment or maintain employment
Check in with your bail agent regularly
Adhere to any travel restrictions
Refrain from possessing, using or accessing firearms
Refrain from the use of alcohol and drugs
Attend a drug abuse class
Comply with any restriction and no-contact orders
Failure to comply with these requirements can result in forfeiture of your bail.
Forfeiture, Reinstatement, and Exoneration of Bail
When you skip a court appearance, your bail is forfeited. This means that you lose the amount you paid for cash bail. If you used a bail bond service, then you lose the amount you deposited as well as the collateral equivalent to the total bail cost.
You may prevent a bail forfeiture by appearing in court within 180 days of the notice of bail forfeiture. You must then provide a plausible reason for your failure to appear in court. Some of the acceptable reasons include illness, disability, insanity, or being in custody in another jurisdiction. The process in which you stop or reverse a bail forfeiture is called bail reinstatement. It is advisable to contact your bail bondsman as soon as you miss a court appearance.
Bail exoneration, on the other hand, is the refunding of bail upon the completion of the criminal case. A criminal case can end in conviction or acquittal. Whatever the outcome, the money you paid to the court will be refunded. If you used a bail agent, they would retain the 10% fee.
Collateral For Bail
Bail bond agencies take the risk of getting you or your loved one released from jail with the promise that the defendant will appear in court. To cover their risks, the defendant, or cosigner must attach a form of collateral.
At Exit Bail Bonds, you submit a form of collateral to get the 2% down bail bonds. The collateral you give is equivalent to the total bail amount. You can place your car, house, real estate, bank account, valuables such as jewelry and vehicles as collateral.
You may still use your house or car, or collect rent from your property if you use them as collateral. To secure your property, you must show up for all court appearances punctually. If you are the cosigner and have placed your property as collateral, you have to ensure that the defendant shows up for all their court appearances. In case they fail to appear, you have to help the bail agent in locating the defendant. In case the court decides to forfeit the bail, you will be required to repay the remaining bail amount, which may put your property at risk of disposal to recover the bail.
The property used as collateral must not be held in lien by another creditor. When a property is held in a lien, it means that another creditor has first rights to it; therefore, the bail agent may not recover their money in case the defendant jumps bail.
In addition, the cosigner or the defendant must show proof of ownership of the property. The bail bondsman will require you to deposit titles, and deeds of ownership as security for the service.
The property or items held as collateral are recovered at the end of the criminal case. It takes several weeks after the completion of the case for all the property to be released to you.
Responsibilities of A Cosigner
A cosigner or indemnitor is any person other than the defendant who takes the bail on behalf of the defendant. It could be a friend, relative, colleague, spouse, or child. Cosigners may be required to place some of their property as collateral, in addition to promising that the defendant will show up for court. Due to the burden, you take as a cosigner; you may put forth some conditions that the defendant should follow such as attending a drug abuse program or getting medical treatment.
If you cosign for a defendant, you have the right to cancel the bail bond, if you feel the defendant is likely to miss their court attendance. Once you revoke a bail, the bail agent refunds the collateral, and the defendant goes back to jail.
Find a 2% Down Bail Bond Agent Near Me
An arrest can frustrate both the arrestee and their family. It can happen at any time without prior warning. At Exit Bail Bonds in Riverside, we are prepared to secure any bail amount in case of an arrest, by helping you secure your release as soon as possible. We offer different bail bonds options depending on your situation, including the 2% down bail bonds with flexible payment schedules. Call us today at 951-788-1722 to begin the bail processing.