When arrested on suspicion of committing a crime in California, posting bail via a bondsman offers the chance to secure your freedom between now and your trial. But do you have to use a bail bondsman and what does a bail bondsman do?
The above questions, along with many others are likely to swirl your mind at this difficult time. Here at Balboa Bonds, our experts offer a range of flexible bail bondsman services in Orange County and the surrounding areas. Here’s all you need to know about how bail bondsmen work and whether you need them.
How Bail Works in California: The Purpose of Bail Bonds
Before asking “Do you have to use a bail bondsman?”, it’s important to understand the purpose of bail and bail bonds.
Following an arrest and booking in California, a bail hearing is completed to see whether the individual is eligible for bail. While there are some circumstances in which bail applications may be rejected (if the defendant is a flight risk or threat to society), most people are offered the chance to post bail. It allows defendants to secure their release from jail by paying a fee and agreeing to attend court hearings and meet any other terms set by the courts.
Bail fees are returned (minus court fees) at the end of the trial as long as the defendant satisfies their agreement. However, bail is set very high in a bid to deter defendants from attempting to flee, as this would see the funds surrendered to the courts. Unfortunately, many people don’t have this amount of cash to spare or cannot access it while in custody.
This is where bail bonds come into play. They are essentially surety loans in which another party (the bondsman) agrees to pay the fee on your behalf. The purpose of them, then, is to help defendants get out of jail fast even if they don’t have thousands of dollars available, and avoid the repercussions of spending weeks in custody awaiting trial.
Understanding the Role of a Bondsman: What Bail Bondsmen Do?
If posting bail via bail bonds is the right choice for you, it’s imperative that you work with a registered and licensed bondsman in California. But what does a bail bondsman do?
A bail bondsman will pay the full cash bail amount on your (or a loved one’s) behalf in return for a non-refundable fee known as a premium. This equates to 10% of the total cash bail fee, although this fee can be lower thanks to discounts for military personnel and other relevant parties.
Bail bonds can be used for DUIs, DV cases, and a wide range of other crimes. Here’s how the bail bonds process works;
- You tell the bail bondsman about the case, including where the defendant is incarcerated and the cash bail fee that has been set at the bail hearing.
- After a few checks, the bondsman will reach an agreement with you regarding the premium cost and how you plan to repay this figure – you won’t need to pay it all now.
- The bail bondsman will contact the jail and local courts to inform them that they will take responsibility for the defendant’s bail.
- The jail will release the defendant from custody, allowing them to resume daily life and begin their preparations ahead of their pending court date.
- Defendants or their co-signers will make the repayments as agreed with the bail bondsman over the weeks or months to come.
Do You Have to Use a Bail Bondsman?
The big question that many defendants ask is: Do you have to use a bail bondsman? The short answer is no.
Following the booking and bail hearing, defendants have several options at their disposal. They include;
- Post bail via a licensed bail bondsman, using the steps above.
- Post the cash bail fee themselves using a bank transfer or cash.
- Use real estate assets (worth twice the bail amount) as collateral.
- Remain in custody until their trial in 30 to 60 days.
Staying in custody will lead to personal and professional problems, such as job losses and financial problems as well as damaged reputations. When posting bail yourself through cash or properties, the funds are returned minus fees at the end of the process. However, it maximizes your financial exposure and means you’ll be without that capital for months. Accessing the funds may also delay your release from custody.
So, while you do not have to use a bail bondsman, it makes sense to. It can secure a quicker and smoother release from custody while also removing some of the stress and emotional difficulty.
Why Use a Bail Bondsman? 5 Benefits of Using A Bail Bondsman
While you are not obligated to use a bondsman, many people choose bonds vs cash bail even when they have the necessary funds. Here are just five reasons why using a bail bondsman can be the superior choice:
- A bail bondsman has access to the funds while they simultaneously reduce your financial exposure by over 90%, turning a $50k bail into a $5k bond. From a financial perspective and an emotional one, this makes a lot of sense.
- Experienced bail bondsmen like Balboa Bail Bonds can use their experience and working relationships with the courts to speed up the defendant’s release. They can even help loved ones locate inmates if they’re unsure about the jail of incarceration.
- As well as reducing overall costs, a bail bondsman can offer flexible rates and financing. This means finding a solution that works for the individual. There are also no hidden fees while the bondsman takes care of court fees too.
- A bail bondsman works with 100% confidentiality, allowing defendants and families to secure a release from custody without reputational damage. The additional peace of mind can make a huge difference at this difficult time.
- Bail bondsmen can use their experience to support defendants by telling them what to expect between now and their trial. This includes explaining the importance of court hearings and adhering to all bail conditions.
If nothing else, using a bail bondsman ensures that the process is completed in a way that satisfies the courts.
Post Bail Today with Balboa Bail Bonds
Now that you know what a bail bondsman can do and why they are often the best choice for posting bail, the next step is to choose the right experts. Balboa Bail Bonds offers a wide range of services, discounts, and payment plans. Crucially, we work exceptionally fast to secure the defendant’s release within hours while also operating 24/7.
To find out more, contact our friendly advisors now.
Tags: Do You Really Need a Bail Bondsman?