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The arrest of a loved one can be an incredibly distressing time, especially if you’ve never experienced it before. You’ll want to march right up to those jail gates and get them out again, but you can’t. Worse, the judge could set a high bail amount you’ll never be able to pay upfront.
It’s easy to feel overwhelmed, but bail bonds are on hand to help. Designed to make it easier to cover even high bail costs, bail bonds can prove transformative to your loved one’s case. But, if you’ve never needed to consider bail bonds before, you might not fully understand what they are, or how to get one.
In this step-by-step article, we’ll provide you with all of the information you need to feel more confident about understanding the bail bond process in San Diego.
Understanding Bail in California
Bail is a term that you’ve probably heard before, but if you or your loved ones have never experienced legal trouble before, you might not understand it in any real detail.
Effectively, bail is an amount of money that a judge outlines must be paid before your loved one is released from jail. California bail amounts are decided based on things like –
- The severity of a crime
- A defendant's flight risk
- Criminal history
- Etc.
Bail amounts in California can be high to ensure appearance in court, and on average will range anywhere from $20,000 - $50,000. Serious felony crimes may even elicit bail amounts of $2,000,000 or more. Judges in California can also refuse bail if a defendant has a history of failing to appear in court, has committed various offenses, or has committed a serious felony like murder.
Individuals who pay bail money upfront can expect that money returned in full to them following attendance in court. Bail amounts can be forfeited if an individual fails to appear in court on their trial date.
What is a Bail Bond?
Few people can afford to pay bail in full upfront, and in this case, it’s best to seek a bail bond. Bail bonds are surety agreements that a bail bondsman makes with the court to say you’ll attend your trial date and will follow the rules of your release, or else they’ll pay your bail in full.
Bail agents provide this service for a non-refundable percentage fee which, in California, shouldn’t be any higher than 10% of your bail amount (e.g. $2,000 for bail set at $20,000). In most cases, bail companies offer flexible repayments, which may require only half of the percentage fee upfront. Some bail agents may also require the use of collateral like real estate as a reassurance if, say, the defendant has a low credit rating. For the same reason, some bail bondsmen might require a bail bond co-signer, who may take responsibility for any outstanding fees if a defendant defaults on payments or court appearances.
If a defendant appears in court, collateral will be returned and the bail bond company will dissolve the bail fee. If a defendant fails to appear in court, the bail agency can seize collateral to cover bail or may use enforcement agents to locate a defendant and deliver them back to jail.
Bail bonds provide a few different benefits, including the fact that they offer a way to secure release from jail without needing to pay large bail figures. Other benefits including –
- Immediate release from jail
- Flexible payment options
- Professional legal advice
In short – bail bonds make it easier for defendants from various financial backgrounds to secure their pretrial release.
Securing a Bail Bond in San Diego
Bail bonds that secure often immediate release can have an undeniably positive impact on any defendant. But, how exactly do you secure a bail bond in San Diego?
After arrest, a defendant will need to be booked before a bail amount can be set, which is a process that involves documenting the reason for arrest and personal information like their full name, legal address, mugshots, and fingerprints. This process can take a few hours to complete but, once it’s finished, the judge will review the case and set a bail amount. Once this has happened, you can begin the bail bond process using these simple steps:
Step 1: Find a Trusted Bail Bondsman
Finding a trusted, reputable bail bondsman is key to securing release for your loved one as soon as possible. It’s especially important to note that the San Diego Sheriff’s Department will need to verify the validity of a bail bond in advance of release. Bonds are only accepted from authorized bail bond agents in California, who must provide a valid state license to confirm their identity.
With this in mind, working with a respected and licensed bail bondsman is key. Signs of a high-quality bail bond agency that can help your case include –
- 24/7 services
- Varied payment options
- Years of experience in California law
- And more
Step 2: Understand the Application Process
The bail bond application process is key to ensuring that a bail bondsman understands as much as possible about a defendant’s situation and case. If you’ve never needed to apply for a bail bond before, this process can also quickly become overwhelming.
The best way to understand the application process is to simply work with an experienced bail agent who can talk you through each stage, which will include the –
- Collection of personal information
- Supply of co-signers and collateral where required
- Agreement on realistic payment options
Bond applications can take anywhere from half an hour to a few hours. After this, a bail bondsman can secure a defendant’s release, which may include agreements like the need to wear an electronic tag or for release in the care of a third party.
Step 3: Maintain the Bail Bond Agreement
Bail bonds are effectively contracts made between three parties (or possibly more in the case of co-signers) – the defendant, the bail agent, and the court. Defendants must appear in court at a pre-arranged date to maintain their side of the bail bond agreement.
Failure to do so can result in bail bond companies sending out enforcement agents to forcibly bring a defendant to court. Collateral may also be seized to cover bail costs, highlighting the need to ensure court appearance. If a defendant maintains their side of this agreement, the bail bond company will dissolve the full bail amount with no further charges.
Understand Bail Bonds With the Help of ‘The King’
Whether you need expert advice about bail bonds or you want to begin a bail bond application, there’s no one better to help you than King Stahlman’s bail bond agency. As kings of the industry, we can simplify every step of what could be a complicated bail bond process, making it easier to secure affordable, reliable bail bonds across San Diego and beyond. Simply contact us online or at 619-232-7127 today.