Bail is the security you, the defendant, give the court that will appear and answer before the judge for your alleged accusations. On the other hand, Oceanside bail bonds are a promise by a bondsman that you will appear in court, and if you fail to comply with the release conditions, the company will be on the hook to pay the total bail amount. King Stahlman Bail Bonds understands there is a lot of confusion about the entitlement to bail and has prepared this guide to explain the purpose of bail and common myths.
Defining Bail
If you are charged with an offense, bail is the amount of money you must deposit with the court to secure your release and guarantee your attendance at all your court hearings.
Various categories of bail include the following:
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Own recognizance bail — Own recognizance bail refers to when an accused signs a contractual agreement with the court promising to abide by specific terms and conditions, including attending all their court dates. The accused does not pay any amount but promises to appear in court when required. If the suspect fails to comply with the court-imposed conditions, police officers will return them to jail.
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Surety bail — Surety bail is when a bond firm posts an accused person’s bail, probably because you cannot afford it. The bail bond firm will then charge the suspect a fee, mainly 10 percent of the total bail amount. If the defendant does not appear in court as required, the court will forfeit the bail amount, and the bondsman will lose the amount they posted with the jail. That is why most Oceanside bail bonds companies ask for collateral worth equal to or more than the bail. Common collateral includes stocks, boats, cars, homes, jewelry, and land.
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Cash bail — As the name suggests, with cash bail, you pay the bail in cash. You can pay your bail using a money order, personal check, traveler’s check, cash, or cashier’s check. If the defendant skips court proceedings, the court can forfeit their cash bail.
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Property bonds — You can pledge your land, home, or motor vehicle to the holding jurisdiction to cover the bail. During your criminal judicial process, the court will take the property’s lien until it closes the case. If you skip bail, the court will foreclose the asset to recover your bail amount.
It is advisable to use a bondsman’s services when charged with a crime requiring a huge bail amount, even when you can afford it. The judge could hold the money and require you to verify the sources of the funds. Using Oceanside bail bonds helps you maintain a low profile and accelerates your release process.
Who Determines Bail?
Bail for every county is set based on the offenses listed on the bail schedule at every jail and courtroom. However, the judge could set another bail amount during your bail hearing.
To find out the bail amount you are required to post to secure the release, you will follow the following helpful tips:
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List each offense the accused is charged with.
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Identify the offense with the most considerable bail amount on the schedule.
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If the suspect is prosecuted with several offenses, on different dates, or against multiple victims, outline the bail amounts needed for those offenses and combine them with the underlying criminal charge.
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Do due diligence to learn if there is an enhancement requiring an additional bail amount. An enhancement can include gang-related crimes, crimes committed with the use of weapons, prior convictions, crimes where the victim is a minor or aged, and whether you have served a jail term in the last five years.
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Once you figure out all base things and enhancements, combine those amounts to discover the total amount needed to secure the accused’s release.
Bail and Oceanside Bail Bonds Myths
Navigating your bail bond process could be challenging, and some misconceptions could cloud a person’s comprehension of how it works. Some misconceptions about bail and Oceanside bail bonds can include:
Bail is Punishment
A common myth is that bail is pre-trial punishment. Nevertheless, bail does not aim to punish the accused individual but ensures they attend court when required. Bail permits the suspect to be released from custody while their criminal case continues, presuming that an individual is innocent until proven guilty.
Everyone is Entitled To Bail
The court can deny you bail due to various case factors. Access to bail is not considered a legal entitlement.
Typically, judges deny individuals accused of heinous crimes like armed robbery or murder bail. The judge could also deny a suspect bail if they suspect the accused poses a danger to public safety or can flee town.
In some scenarios, bail could be denied if the accused has:
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A failure to appear (FTA) criminal charge.
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Broken their bail conditions stemming from prior arrests.
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Committed fraud linked to bail application.
Bondsmen Can Negotiate Your Bail Amount
Oceanside bail bonds firms do not have any say on how much a defendant’s bail is set. Bail setting is only done by the judge, who assesses the following case factors:
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The nature of the crime.
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Prior convictions and criminal history.
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Whether you are a flight risk.
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Your community ties.
Bail bond companies can make the process smoother and help you meet your bail conditions.
Police Department, Courthouse, and Jail Contact Information
Oceanside Police Department
Superior Court North County Division
Vista Detention Facility
Find a Qualified Bondsman Near Me
While California’s bail system is complicated, it is structured to balance ensuring you attend your court hearings and your entitlement to pre-trial freedom. A skilled Oceanside bail bonds company like King Stahlman Bail Bonds can help achieve that. We can guide you throughout the bail process, making the release process seamless and fast. Our experienced bondsmen are available round the clock and ready to answer your questions. Please call us at 619-232-7127 to learn how we can help you.