Getting arrested in California can feel overwhelming. However, most defendants can secure release pending trial by posting bail. One of the first questions people ask during this time is whether they must pay the full bail amount to get out of jail. The simple answer is no. California law gives several options for posting bail. Each option has its own rules, costs, and risks. Some people pay the full amount in cash. Others use a bail bond company.
In some situations, the court accepts property equity in exchange for a release. Once the case is concluded, the court either exonerates the property or refunds the cash bail, as cash bail is not a punishment for criminal acts. When you know about the options available for paying the bail, you can make the right decision.
When Full Bail Is Required
Sometimes, the court requires you to pay the full bail amount. When you attend a bail hearing, the judge will set your bail depending on different factors of your case. If the judge requires cash bail, you must post 100% of the bail amount before release. Courts do not allow installment plans for cash bail. Failure to pay the full amount means you will remain behind bars until the case ends. The following are some of the situations when the court may order you to post bail strictly in cash:
- You face serious criminal charges. The court may set a higher bail amount if you are charged with a serious felony or violent crime. In these cases, the courts may require you to pay the full amount. When you have a substantial amount tied to the court, you may be motivated to return to court for trial.
- Flight risk concerns. If the court believes you might flee, it may require full bail. Sometimes, surety companies may deny your bail bond request, which may leave you with only the option of paying the amount in cash.
- No access to a bail bond company. In rare cases, a defendant may not qualify for bail. If you are in this predicament, you may need to pay the full amount to secure a release pending trial.
California courthouses often set significant bail amounts. The high bail amounts make it challenging to pay in cash. Depending on the charges, bail amounts in California can range from a few thousand dollars to hundreds of thousands of dollars. For this reason, many people look for alternatives to secure a release.
Bail Bonds vs. Cash Bail
Most people in California do not pay the full bail amount. Instead, they use a bail bond company. A bail bond is a type of surety bond that allows you to pay a small percentage of the bail instead of the full amount. Posting bail involves contacting a bail bondsman and seeking their assistance.
When you contact the bail bondsman, you should provide the accused’s name, booking number, and the charges they face. This information helps to determine bail bond eligibility. If the defendant qualifies for the bond, the bondsman would pledge to pay the full bail amount if the defendant flees. In exchange, you will pay 10% of the bail to the surety company.
The key differences between cash bail and bail bonds include:
- Difference in the amount you need to pay. With cash bail, you will pay 100% of the bail. However, with a bail bond, you only pay 10% of the bail to the surety company.
- Difference in refund. When you post cash, bail, and the case ends, you can recover the bail amount you paid. On the other hand, the 10% bail bond fee you pay to the surety company is non-refundable.
- Difference in middleman involvement. When paying the cash bond, there is no need for a middleman. The only thing one needs to do is take the money directly to the court clerk and pay the bond. In the case of bail bonds, you will require the help of a bail bondsman to get released from prison.
Property Bonds
If you do not have enough money to post bail in cash, you can use a property bond. In this case, the court allows you to use real estate instead of cash. With a property bond, you will pledge the value of your property as security for bail. The court will then place a lien on the property. When there is a lien on your property, you cannot sell it or use it to take a loan without court approval.
When using a property bond, the judge determines the acceptable value of the property. Often, the property’s value depends on the bail amount required. Before the court accepts your property for bond, the judge will schedule a property bond hearing.
At this hearing, you must present evidence that shows that you own the property. Also, you may need to prove its current market value. The benefits of using a property bond include:
- No need to pay large amounts of cash
- You keep your savings
- Useful for people who own valuable property
However, the approval process for the property bond may be slower due to the property bond hearing. Also, the risk of losing your property is high if the defendant fails to appear for trial.
Court-Held Bail Refunds
Bail is not punishment for your offenses. Therefore, if you pay full cash bail, you may recover your money when the case ends. The outcome of your criminal case does not impact your ability to recover the bail money. However, you must attend to all the bail conditions to recover the money.
The money is returned to the individual after a few weeks via a check. In some cases, the court may deduct certain expenses from the bail amount. The expenses could be:
- Court Fees
- Penalties
- Compensation
For instance, if the bail cost was $10,000 and there were outstanding court penalties totaling $1,000, the total refund would be $9,000. Failure to appear in court or to comply with the bail agreement will result in the loss of cash bail.
Find a Reliable Bail Bonds Company Near Me
After an arrest and detention in California, you can be released pending trial when you post bail. If you cannot afford 100% of the bail amount set by the court, you could opt for other types of bail. These may include property bonds and bail bonds. With property bonds, you will use valuable property as security.
With a bail bond, a local surety company can post your bail at a fee. The best choice for securing a release depends on your financial situation and the details of your case. If you seek a bail bond, you will need our expert services at Balboa Bail Bonds. Our Bondsmen are available 24/7 to handle your case. Call us at 619-760-2222 to discuss the details of your case.