Bail bonds vista ca involve an agreement between the accused’s loved ones and a bail bondsman. This ensures the accused’s presence at all court dates, securing their release.
How Does It Work?
Bail is the money or property posted to get a defendant out of jail and to continue living their life until their case is over. The money or property acts as a guarantee that the defendant will return to court for their trial and other court proceedings. It also helps make it more likely that a defendant will show up because they have something at stake, like their house or car if they skip court.
Getting bail can be complicated. A person must go to a specific location, such as the courthouse or the jail to file all of the proper paperwork and pay the required bail amount in full. It is usually a requirement that a person post bail in the form of cash, a check or valuable property (like a car) as collateral. The person who posts the bond is known as the Indemnitor and is responsible for the defendant showing up to all court dates.
If a defendant misses a court date, the judge will likely rescind their bail and issue a warrant for their arrest. The judge will take into consideration the severity of the crime, the defendant’s ties to the community, their criminal history and whether they are considered a flight risk. The judge may also impose additional conditions on the defendant such as requiring DNA samples, phone or in-person check-ins, drug testing and court date reminder calls.
What Can Be Used as Collateral for a Bail Bond?
In addition to cash, bail bonds can also be secured with property this may be a home, car, valuable jewelry or other items of a certain value. Often, non-cash collateral will be approved once the bond agent has met specific requirements with regard to ownership of the property. They will typically want to see the deed for real estate and proof that there are no tax liens on the property in order to determine whether it is appropriate as collateral for a bail bond.
For smaller items, they will usually want to have a copy of the receipt and the item itself to ensure it is in their possession. Similarly, they will frequently have to check in with the client regularly until the case is resolved so that they can be sure the person has attended all court appearances and is not skipping out on the court process.
In some cases, a friend or family member will put up their own property as collateral for a bail bond on behalf of an accused individual. In this situation, the friends or family members will need to agree to be cosigners on the bond and to make calls and check in with the bail bondsman to ensure that the accused is attending all court proceedings. They will also need to guarantee that the accused will return any of their property after the case is resolved.
What Are the Fees?
In exchange for posting bail on your behalf, the bond agent will charge you a fee. The amount of the fee will vary depending on the type of case and the jurisdiction, but it is typically 10% of the total bail amount. He or she will also require some form of collateral to guarantee the remainder of the bail.
This collateral is usually in the form of cash or property. It is used to repay the bail agent if the defendant fails to appear in court for any reason. A failure to appear can be a serious violation of probation and could lead to harsher penalties. The bail bond agent will often remind the defendant of their upcoming court dates as it is in his or her financial best interest that they show up for court.
If the defendant is acquitted or found not guilty, all of the bail money will be returned. However, if the defendant is convicted, a surcharge of 3% will be kept by the government to cover the cost of the bail system.
If you put the entire bail amount on a credit card or take out a personal loan to pay for the bondsman fees it will negatively affect your credit score. If you are unable to afford the bail bond fees and pledge assets as collateral, you may want to ask the judge for an exoneration or discharge of the bond.
What Are the Benefits?
Bail bonds can alleviate some of the financial stress of those who find themselves arrested for serious crimes and want to stay out of jail until their court date. They allow defendants to remain at home, close to their loved ones and continue to work. That is more effective for them in building their case than being stuck in jail while their friends and family members are left wondering where they are.
The bail amount is set by a judge after an initial hearing, called an arraignment. The judge examines the crime and takes a variety of factors into account to determine the amount. Bail is only granted in cases where the court believes that the defendant will return to court as scheduled. If the defendant does not appear at all, he or she forfeits the full bail amount.
In some cases, the court may let the defendant leave on personal recognizance without paying any money at all. In that case, the defendant signs a written promise to return to court on all required dates. If the person does not do so, the court will arrest him or her again.
Even if a person can afford to pay their own bail, the process is still stressful. It is challenging to come up with a large sum of cash on short notice, especially after banks have closed and during weekends. It is also a burden to have to ask friends and loved ones for money, especially when they have their own families and bills to take care of.