A bail bond is a type of surety provided by a bail bonds company, and it secures your release from custody. When you hope to free a loved one from jail before their criminal case is heard and you cannot raise the required amount, a surety bond company will do that for you. Our South Lake Tahoe Bail bondsmen at Exit Bail Bonds are some of the experienced and efficient bondmen in the region. Get in touch as soon as your friend/relative is arrested so that we can begin the bail process.
Overview of Bail Bonds
Bail is the guarantee provided by a defendant to the court to secure a release from custody before the hearing of their case. In most cases, the amount set as bail is too much for one to afford on short notice. Therefore, a surety bond company will come in to provide a bail bond for you at a service fee, which is often 10% of the total bail amount. There are two types of bail bonds available for individuals in police custody. These are:
- Civil Bail Bond. A civil bail bond is an amount to get paid by defendants who are facing civil charges to the court. A civil bail bond is an assurance that the defendant will pay the debts and interest costs assessed in the case.
- Criminal Bail Bond. If you or your loved one is facing criminal charges and is held in police custody, you will be required to pay the criminal bail bond. This will act as an assurance that you will not flee, but you will attend your criminal case hearings. By providing you with a bail bond, the surety bond company takes the responsibility of your appearance in court for your case.
In most cases, the judge allows release on bail for individuals with minor crimes to help the limited amount of space needed in jail. Also, it is an assurance that individuals with ongoing cases will attend the hearings.
When an officer arrests you for an offense, you will be taken to police custody. Upon arrival at the station, you will be transferred to a cell for criminal processing. Sometimes you will be released without the filing of charges. However, if charges are filed against you, you need to stay in police custody until the date of hearing.
After transfer to jail, you will undergo the process of booking. Booking involves a series of tasks, including recording your personal information such as the name, date of birth, health evaluation, and fingerprints. Also, your photos will be taken.
Three things could happen if you are arrested and booked in a police cell. You may be released and then issued with a notice to appear to court on a specific date. You can also be required to pay a certain amount in bail so that you can be free to await the hearing of your case. If you do not have the amount needed to pay bail, it would be wise to seek help from a South Lake Tahoe Bail Bonds company. In other cases, you will be kept in custody until the date of your case hearing. Whatever you are ordered to do at this point will depend on the kind of offense for which you were arrested and your criminal history.
If the court determines that you can only be released on bail, a hearing will likely be set to determine the amount to be set as your bail amount. The following are some of the factors that will be considered by the court when setting bail amounts:
- Bail Schedules. Bail schedules are the lists of bail amounts that apply to different criminal offenses. The bail schedules also determine whether the crime for which you are arrested can qualify for bail. However, the judge will not always use the specific amount stated on the schedules. Depending on the circumstances of your case, the court may increase or decrease the amount.
- Your criminal history. Individuals with a history of conviction and failure to appear for the hearings are more likely to be denied bail. Also, if the judge decides to grant you bail, the amounts will be higher. In most cases, these amounts are too high, and you will require the services of a surety bonds company.
- The severity of the crime. The amount of bail you will be required to pay will significantly depend on the offense you committed. More serious offenses require a higher bail amount.
- Flight risk. Flight risk is the likelihood that the defendant will flee and fail to appear for the hearing. It is most likely that individuals facing severe charges are more likely to run in an attempt to avoid the legal consequences. If you have a high flight risk, the court may deny you bail or set a high amount.
- Public Safety. When determining the amount to set as your bail, the judge will consider the risks you pose to society if you get released. If you have a history of causing harm to other people, your bail is likely denied. However, if you are released, you will be expected to avoid contact with victims of your actions at all costs.
- Income and assets. A defendant who has lots of property and money will not think twice when leaving bail money and fleeing. Therefore, defendants who have fewer assets are more likely to be granted a lower amount in bail since they cannot leave the money behind. Also, having permanent employment, which will be at risk when you fail to pay bail, may be a decisive factor in your bail hearing.
- Family and community ties. When a defendant has healthy family and community ties, the court is likely to impose lesser bail since your risk of fleeing is low.
After consideration of all the above factors, the court will determine the amount you need to pay before release. When the bail set for you is too high for you to pay, a surety bonds company will come in to post bail on your behalf. However, you will be required to pay a service fee, which is often 10% of the bail amount.
Types of Bail Bonds
The following are types of bail you may encounter if you are arrested for a criminal or civil offense in California:
After an arrest, the police will often book you to a cell, and you can only secure a release upon payment of the required amount. The judge determines the cash bond during a bail hearing, and if you do not have the money, another person can pay it for you.
If the amount of bail set is too much for a defendant to pay, they can secure a bail bond. Your South Lake Tahoe Bail Bonds company will post the surety bail bond for you. When the bail bondsman pays your bail, you will be required to pay a service fee, which is often 10%-15% of the set bail. Also, the bondsman will be required to ensure that you appear to court. If you fail to appear in court, the court will cease the amount paid as a bail bond.
When acquiring a bail bond, the surety company will require you to use property such as a vehicle or a home to act as collateral for the bond. If you do not appear in court and the court ceases the bond, the bail bondsman will sell the property you used as collateral. Note that the surety company will first use any means to find and bring you to court, including the use of bounty hunters, before forsaking the bail bond.
A property bond is the type of bail bond where you offer a certain amount of equity for a property to the court. By doing so, you give the court a legal right to possess or even sell the property. The amount t of equity you offer in a secured bond should be equal to the amount of bail. If you fail to appear for the hearing, your property will be sold to recover the unpaid bill.
A signature or unsecured bond applies where the court holds a hearing and determines the amount required for your release. However, you will not be required to settle the bail before release. Instead, you will sign a document stating that you will surrender the bail amount if you fail to appear for the hearing.
Conditions for Release on Bail
When the court allows you to be released on bail before the hearing of your case, some terms are often imposed. The limitations for the bail bond are often similar to those of defendants sentenced to probation. The typical requirements of bail include:
- Pretrial Check-ins. If you are released on bail before the hearing of your case, you will be expected to make regular check-ins with a pretrial service officer. The pretrial officer has the responsibility to monitor you and make sure you adhere to all court-imposed conditions.
- Sometimes the court mandates you to get a job if you are granted bail for a criminal offense. Also, you will be required to maintain employment during the period you are out on bail.
- Order of no-contact. If you were arrested for alleged crimes of stalking, domestic violence, or the making of criminal threats, the court is likely to impose no-contact order. The order requires you to stay away from any victim of the alleged crime.
- Travel restrictions. If you are released on bail, you may be prohibited from traveling outside your jurisdiction. If you have an urgent matter that requires you to leave, you will have to check in with the pretrial service officers.
- Firearms restrictions. One of the conditions you need to adhere to when you are out on bail is ownership of firearms. Even if you are facing charges that do not involve the use of a gun, you may be expected to refrain from using the guns.
- Drug abuse. Especially if you are facing drunk driving or related charges, you will be expected to avoid the use of drugs when you are out on bail.
If you violate any of the conditions of bail, you will be rearrested and taken back to police custody.
The Procedure for Making Bail Bond Payments
If you are held in police custody and can only be released on bail, you need to go and make physical payments. A clerk in the court is responsible for receiving the amount you present as bail. After making the payments, the officers holding you will be notified to make a release. Bail payments are always presented in cash or other forms accepted by the court.
If you cannot afford the amount set as bail for your loved one, you need to contact a surety bond company. With the help of a bail bondsman, the company will assess the risk of posting your bail bond. This is because they will be responsible for your appearance to court. You will be required to provide collateral for the amount they pay as your bail. The insurance could be in the form of property, vehicles, or homes. The bondsman will be the one to post your bond to facilitate your release. We advise you to contact an experienced and reputable South Lake Tahoe Bail Bonds to make the process of bail and release as fast as possible.
What Happens to Bail Money after the Case Ends?
Bail is not a form of punishment; thus, you are entitled to refund after sentencing. If you fail to appear to court for the trial after a release on a bail bond, the court will not refund the bond money to the surety bond company. If you had posted a property bond, the court would resell the property to cover the bond money.
Sometimes, the court will allow you to record bond money by arresting you and putting you back to custody until your case concludes. When you use a surety bond to post bail, you will be required to pay a service fee. This amount will be paid whether or not you appear to court for your hearing. If you fail to appear to court, the surety bond through their bounty hunters will attempt to find you and take you back to police custody. The bondsman has a stipulated period within which they can find the defendant. Failure to do this, the surety bond company will have to pay the bail in full amount.
When the amount paid by the bail bondsman is forfeited, they will seize the property you used as collateral for the bond. Bail involves a lot of money and financial risks, which can be challenging to navigate. With expert services from a South Lake Tahoe Bail Bonds company, you will be assured that the bail process will be flawless.
Find a Reputable South Lake Tahoe Bail Bonds Company Near Me
It is an unfortunate event when you or someone close to you gets arrested and taken into police custody. No one wants to spend a minute of their time in custody since it will affect their daily activities. While the law allows you to be released on bail, you may not have ready cash or property to post a bail bond. That is where our bail bondsmen at Exit Bail Bonds come in. Our bondsmen are easily reachable, any time of the day and week at 951-788-1722. We are a reputable bail bonds company that serves South Lake Tahoe and the surrounding areas. Call today!