Bail is the agreement between a defendant and the court to ensure that the defendant will appear in court during hearings after release from jail. An arrest can be a traumatizing event for you or your loved ones. If you are arrested and booked in jail, you are expected to remain in jail, awaiting your hearings.
However, you can secure your release by posting bail. Unless you face serious charges, you have the right to post bail. In California, bail can be in cash or property. Since most arrests are unexpected, seeking the services of a bail bonds company is great in accelerating the release of your loved one.
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In the California criminal justice system, bail is the money that a defendant must post with the court to be released from jail before a hearing. Posting bail is a means of ensuring that you will not flee or fail to appear on the dates set by the court. If you are facing charges for a minor crime, you may be released without a bail commitment. However, you may need to sign an agreement promising to return for your hearing as scheduled.
If you face serious charges, bail will be required to secure your release. After you are arrested, the court will hold a bail hearing for you. During this hearing, the judge will set a bail amount depending on the severity of your crimes, your criminal history, among other circumstances of the case.
Each county in California has bail schedules that stipulate the amount of bail required for each crime. More serious crimes require a higher amount of bail compared to minor offenses. During a bail hearing, the bail amount from the schedules may be reduced or increased based on the circumstances. You can petition the court for a reduction if you feel that the amount is too high. At the end of the hearing, the judge comes up with a specific amount that you must pay before your loved one is released.
Arrests are sudden events for which you cannot prepare. Therefore, putting together enough money to post a cash bail could be challenging. Fortunately, seeking the services of a surety bond agent can make the situation more manageable. The bail agent will post your bail and be held responsible for your conduct while you are out on bail.
A bail agent must be someone that you trust. This is because before offering you bail, you may need to provide collateral. Items used as collateral for bail bonds may include real estate properties, vehicles, or other valuable items. Therefore, it is essential to never work with a bail agent unless they provide a written contract. The contract should contain all the details of your agreement, including payment schedules, service fees, and the information regarding collateral for the bond.
Bailing your loved one out of jail can be expensive, especially when you try to post cash bail. Bail acts as an assurance that the defendant will show up for the hearing. When a defendant goes to court, and the case ends, you will recover your money. However, the method you use to pay bail will significantly determine your ability to return your money.
When you pay bail in cash, your money is refunded as soon as the court reaches a verdict. If a defendant is rearrested for failure to follow bail conditions or skipping a court date, the bail is forfeited. However, if the defendant is found guilty and sentenced, the court may deduct fines and court fees from the bail amount.