A lot of people would hope that they would never have to post bail for a friend, a family member, or a loved one. That being said, sometimes things happen and if you are in this position and concerned about what is going to happen next, then this is the guide for you. Getting arrested can be a somewhat traumatic event for everyone, and unforeseen costs help to add to this trauma. You also have to deal with any impending fines, and court fees too. At the end of the day, it is imperative to understand that every case is different, and the bond cost can vary from state to state. In some cases, you may well be able to get a bail bond without having to put any money down. That being said, this is largely dependent on your situation and the crime that the defendant might have committed.
What’s a Bail Bond?
If you refer to The California Department of Insurance, then you will soon see that a bail bond is classed as being a surety bond. This is a bail bond that a company will post to the court as a guarantee, for the arrestee to appear at the chosen court dates. A bail bond company is able to step in here, providing the money to secure the release of the person in question, if for some reason, the loved one cannot afford to make the payment.
How Much Do Bail Bonds Cost?
At the end of the day, bailing someone out of jail can be very expensive. As a general rule, it is more affordable for minor charges, and more expensive if a severe crime has been committed. In the state of California for example, a bail bond will usually be around 10% of the total bail amount. If you see that the bail amount is $40,000 then the general cost to bail someone out would be $4,000. If you have a bail bond company and they are trying to charge you either more or less than this amount, then you should try and be cautious, purely because Californian law sets this amount, and they also regulate it heavily.
How do Bail Bonds Work?
The process of bail bonds will start with you contacting a bail bond agent in your area. You will do this on the behalf of the person who has been arrested. It is then the job of the bondsman to pay the premium that has been stated by the court, which as mentioned above, will be around 10%. When the bondsman has been paid, they will then deliver the bond to the court and this will help to secure the release of the defendant.
How is the Bail Amount Set?
There are a number of ways that the bail amount will be set. To begin with, you will have to take into account things like criminal history. A defendant who has a very extensive criminal history will, of course, be more likely to have a higher bail amount when compared to someone who may be an offender for the first time. You also have to take into account flight risk. If there is a high chance that the defendant is going to flee before the suggested court date, then the bond will be higher when compared to someone who has no risk.
Other things that are taken into account would be family obligations. If the person in question is a spouse, a parent, or even a caregiver, then this will come into the bail amount. As will community connections. People who have very strong connections to the community may well receive a lighter bail when compared to those who are not connected well at all. Remember, it’s common to have bail revoked if you do commit multiple crimes.
Types of Bail in California
A judge will determine the amount of bond that you have to pay based on the prior offenses of the individual, and the jurisdiction of the arrest in general. Sometimes a specific type of bond may be used in a rare case, but others may not be frequently used at all. Some of the common types of bail bonds include unsecured bonds, property bonds, cash bonds, and bail bonds.
Unsecured Bonds
With an unsecured bond, it is important to know that you do not need to pay any money upfront. You will instead have to agree to pay the court amount if the person does not appear on the date that they said they would. This bond is risky because you will not have any form of collateral to back it all up.
Cash Bonds
The family member, the defendant or even a friend will pay the entire bond amount in dollars. Cash bail is not required for certain defendants, and it is important to know that every county within the state of California has different rules.
Property Bonds
Would you be willing to pledge your home so you can help your loved one? A court will secure what is known as a lien against your property and this will be the case instead of cash. The courts may well seize the property if you do not appear in court. If the judge was to approve a bond like this, then the property has to be worth way more than the bail. In the state of California, the property has to be worth 150% more than the bail amount, as a minimum.
Bail Bonds
Posting bail is usually done through a bail bond. If you do not have a huge amount of money or if you do not have a property that is worth a significant amount, then you may not be able to post bail. Bail bonds are a fantastic way for you to ensure that you are getting the help you need with your bond and your general situation. If you want to find out more about bail bonds or if you would like to chat with our dedicated team, then we highly recommend that you give us a call at 619-333-5306. You can call us 7 days a week, 24 hours a day.
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