All California Bail Agents are licensed and regulated by the California Department of Insurance (DOI) and are required to conduct business in a manner meeting all rules and regulation set forth under the California Insurance Codes. Additionally, the California Penal Code and California Code of Regulations include many laws that pertain to the actions and conduct of Downey bail agents. I have summarized relevant laws that you as a consumer should be aware of. Click on the links to view the laws in their entirety.
160. (a) No bail licensee in Downey or anywhere in California may employ, engage, solicit, pay, or promise any payment, compensation, consideration or thing of value to any person incarcerated in any prison, jail, or other place of detention for the purpose of that person soliciting bail on behalf of the licensee. This includes inmates in the Downey Jail and conspiring with Bail Agents. A violation of this section is a misdemeanor.
1275 (a) In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record, and the probability of a flight risk. In other words, Downey Judges can set bail at whatever level they deem appropriate.
1275.1 Bail shall not be accepted unless a judge or magistrate finds that no portion of the bail bond premium and collateral was received by the bail bond company feloniously. This is common with cases involving charges of grand theft, financial fraud and larger drug cases. The Downey Court has the right to examine how a defendant is arranging to bail out of jail and will prevent their release if “dirty” money is being used to do so.
1276.5 (a) If using properties to secure a bond and a lien will be placed on the home, it is required that the property owner(s) read and sign the following statement and a copy be given to them after signing:
1300. (a) At any time before the forfeiture, a bail agent may surrender the defendant back into custody. The bail agent must show just cause for the surrender to the court within 48 hours or the judge can order that part or the entire premium be returned to the defendant or other person who has paid the premium.
1303. If a defendant is out on bail and no complaint has been filed against them on or before their first court appearance, the bail bond is automatically exonerated after 15 court days from the first appearance date.
1726. (a) A person who is licensed in this state as an insurance agent or broker, advertises on the Internet, and transacts insurance in this state, shall identify all of the following information on the Internet:
1800. (a) Unless one has a current bail license it is illegal to solicit for bail. “Solicit” includes any form of advertising; directly in person, by mail, internet, radio, television or other without a valid license.