Bail bonds are a critical part of California’s legal system. But how do they work? That’s the focus of this article. We explore the bail bond process, how you pay for them, and what happens when defendants skip bail in California. By the end, you will understand the role of bail bond agents and how the system functions to uphold the law.
Understanding Bail Bonds in California
Bail bonds make accessing cash bail for pretrial release easier, helping you get back to your routine faster after arrest.
Bail bonds are not free. Instead, you pay a non-refundable fee to the bail agent to secure your release.
Furthermore, you still have to attend your court dates. If you don’t, the bail agent may arrest you, and you could return to jail.
If you aren’t happy with the bail amount the court sets, you can request a bail hearing with a judge. Attorneys can help you argue for a lower bail amount (or get courts to cancel it entirely).
You can also ask for release on “own recognizance.” Here, judges release you without bail but subject you to other conditions, such as checking in with law enforcement officials daily or wearing a GPS tracking tag.
Paying for a Bail Bond in California
Bail agents make their money by charging a non-refundable fee in exchange for paying your cash bail to the court. This cash covers their wages and the bail forfeiture risks they face.
There are several ways you can pay for a bail bond in California.
- Pay the bail bond fee in cash upfront. This option is ideal for individuals with access to money in their bank account.
- Ask a co-signer to pay. This option involves asking a friend, family member, or someone you know to pay part or all of the bail bond fee if you can’t afford it.
- Take out a credit agreement. This option gets a lender to pay the bail bond agency and set up a financing agreement where you pay in regular installments.
If you aren’t sure which to choose, you can discuss your options with a bail bond agent. Professionals can guide you through each payment type, going through the pros and cons of each, giving you the space you need to decide.
Don’t feel pressured to sign any contracts until you feel confident with how you will pay.
The Process of Bail Bonds in California
California courts and agents follow a strict bail process. First, judges set the bail amount within 48 hours of your arrest (if applicable to your case). After that, you can pay the bail in cash or contact a bail bond agency.
Bond agents offer multiple ways to pay the non-refundable fee, including:
- Over-the-phone
- Bank transfer
- In the mail
You can also get a co-signer to send payment to the bail bond agency to release the bond on your behalf.
Once the bail agent has the fee in hand, they will pay the bail in cash. The court will make a note of the payment and send instructions to the jailhouse to release you.
This step usually takes 30 minutes to several hours. Once officials receive permission from the courts to let you go, you can leave and return to your regular life until your trial.
After release, you must attend your court dates. If you don’t, the bail bond agency has the legal right to arrest you and bring you to trial. Agents may also pursue you for compensation if they can’t recover their bail payment from the court.
Finally, the court will return the cash bail to the bail bond agency when your case concludes, provided you attended your court dates.
What to Do When You Skip Bail in California
Skipping bail in California can lead to several unpleasant consequences, including:
- Rearrest
- A higher bail amount in the future (if the judge agrees to release you)
- Trouble getting bail next time around
- Additional jail time for skipping bail
Therefore, you should act immediately if you find yourself in this situation.
Start by seeking legal counsel. Talk to an attorney about your situation and get their advice based on the circumstances. Surrendering to the authorities with your lawyer present shows remorse, encouraging the courts to treat you more favorably.
You should also contact your bail bond company. Tell them what’s happened and await their instructions. Agents may be able to help you minimize the impact on your freedom and the financial consequences.
Recouping Bail Bond Forfeitures in California
You can recoup bail bond forfeitures in California in some circumstances. However, the courts are strict with what they will accept, and most excuses won’t work.
The process starts with a Motion to Set Aside Bail Forfeiture. This document explains why you missed your court case.
Courts will then review your reason for non-appearance. Valid excuses include becoming suddenly ill, being involved in an accident that requires emergency medical attention, or having problems with court summons letters (such as not receiving them).
Courts will then review the information you provide. Judges will use their discretion and knowledge of your case to determine whether they can warrant a forfeiture reversal.
You must file the motion within 180 days of bail forfeiture. If you don’t, California courts will confiscate your bail money permanently (even if you have a valid reason for breaking conditions).
Common Questions About Bail Bonds in California
Here are some common questions people ask about bail bonds in the Golden State:
- How do bail bonds work in California?
- What percentage of a bail bond has to be paid in cash in California?
- What to do when your bail bond ends?
- What happens if you skip bail in California?
- Can you recoup forfeited bail money in California?
If you’d like the answers to any of these questions, talk to our team. We’re here 24/7.
Tags: How Does Bail Bonds Work in California: A Comprehensive Guide