Many times, the jail holding the arrestee releases details of the arrest to parents, guardians, or spouses. You feel devastated when you receive a call about a loved one’s arrest and detention. You may feel panicked and unsure how to help the defendant in their time of need. As the family of the arrestee, your response counts a lot. You should remain calm and informed and provide the support the arrestee requires to exit pretrial detention. You will feel overwhelmed if it is your first time in this position. Luckily, here are pointers to help you support the arrestee during the bail process and offer family guidance for the bail process.
Stay Calm
No one is ever prepared for the call from jail informing you of the arrest of a spouse or someone you are related to by blood. Many families panic after the call and do not know what to do. Panicking in these moments is natural because you think of the next step. Some family members rush to the jail where the defendant is held in pretrial detention, while others make endless calls to people they think can help them. However, you should not act when emotions are running high. The best action at this moment is to do nothing. Take a moment for deep breaths and think through the most appropriate action for helping loved ones with bail.
If you feel overwhelmed, get some fresh air or wash your face with cold water. You can even call someone you trust to help calm you down during this difficult time. Remaining calm or pausing to breathe enables you to think clearly and craft ideas for helping loved ones with bail.
Being calm also helps you communicate better and absorb details of the arrest better. To offer the support that your family member needs when they are in jail, you must understand their needs. This can be achieved through honest communication when you are calm. Due to fear of judgment, they could be hesitant to share the reason for the arrest and how they feel. However, open and honest communication will make them believe they have your support and are more likely to open up. Let the arrestee speak without interruption to share their experience and emotions, which will help lower their stress.
The defendant is also panicked, and you becoming overwhelmed at the moment worsens their situation. However, when you maintain your composure, the defendant will feel confident that you are in control and will take the necessary action to secure their release.
Collect Basic Information of the Arrest
You cannot take the appropriate action to help a loved one from pretrial detention if you do not have all the information. So, once you are calm, the next step should be to gather all the basic details of the arrest. Defendants are allowed three calls in the first three hours of arrest per PEN 851.5. The panic from learning about the arrest can prevent you from obtaining all the details. So, after learning of the arrest, you can try to call the jail they are in or wait for a second call. You should be calm by the second call to enable you to gather facts about the arrest. The information you should obtain includes:
- The defendant’s full name as registered in the booking records
- The jail or police station where they are detained
- The type of charges they face
- The booking number, if any, is provided
- If the initial bail for the offense has been set using the bail schedule and the amount indicated
Your loved one will call after arrest or booking. If they do, write down all basic information regarding the arrest so that you can take steps to secure their release. If you were not the person they called but have heard of the arrest, you can contact the relevant jail or sheriff’s office for more information. Besides, if they phoned you but did not have all the details required to take action, you can call the jail for more info. Alternatively, you can check the jail’s website if the arrestee has been booked. Many detention centers upload arrest information on these sites, so you can visit one to learn the status of your loved one’s arrest.
Understand the Charges Against the Defendant
An arrest does not make someone guilty. One is presumed innocent until proven guilty. If your family member is in jail after an arrest, it only means they have been accused of a crime. They have a right to legal representation and a fair trial. So, they need to establish the type of charge they face to understand its severity and the bail amount. Misdemeanors are less serious offenses and attract small bails, while felonies are serious offenses with severe penalties; hence, their bail is high. If you do not understand the charges, consult a competent criminal attorney to know more about their gravity, effect on the bail, and overall case outcome.
Understanding the Bail Process
Family support during bail is essential. However, you cannot offer support without understanding the process. Therefore, contact an experienced bail bonds company near you to provide family guidance for the bail process. Your bail bondsman will explain the meaning of bail, your options, and the bail bonds process.
Bail refers to property or a financial guarantee that a defendant deposits with the court to show commitment to future court appearances after exiting pretrial detention. If they jump bail, the court forfeits the bail.
Bail Options
Defendants have several options for posting bail. One is cash bail, where you deposit the full amount in cash with the court. Very few defendants have money lying around idle, waiting for an arrest. Also, bail can run into tens and hundreds of thousands, meaning only a few defendants can post cash bail. Besides, even when a defendant has the money, they want to use it in an investment that generates profit and not deposit it with the court, where it does not generate interest and is often refunded with fewer court deductions. You can show family support during bail for the defendant by posting cash bail. However, consolidating the funds quickly can be challenging, delaying their release, which is not what you want.
Another option is a property bond, where a defendant deposits a property deed with the court to ensure future court appearances. You can provide family support during bail to the defendant by using a family property as security to guarantee their release. Nevertheless, the property must undergo appraisal and ownership determination before it can be accepted as bail. This takes time, which you do not have, as you want a loved one to exit police custody immediately.
Due to the challenges of cash and property bail, many defendants work with bail bondsmen. These charge a nonrefundable bail bond premium of 10% of the total bail.
Alternatively, a defendant can request the court to grant an own recognizance release or personal bond during the bail hearing. An OR release enables a defendant to exit pretrial detention without any financial commitment or obligation, but on a written promise that they will return to court when requested and adhere to all pretrial release terms. Usually, the presiding judge assesses the defendant’s request and determines whether to grant the application depending on the risk of skipping court and the possibility that the defendant will engage in another crime after regaining freedom. Other factors they consider before granting a defendant an OR release include criminal record, community ties, and the nature of the charge. Consult with a competent bail bondsman or criminal attorney when helping loved ones with bail to establish if they qualify for an OR release. If they do, it will save you a lot of money, especially if you struggle to raise the funds.
If your loved one is not eligible for an OR release, the best option remains bail bonds, as it makes bail affordable. Additionally, the bail bondsman will provide family guidance for the bail process so that everyone understands how the process will work to have the defendant released from custody.
The Bail Bond Process
Your loved one depends on the family support during bail. Calling a reputable bail bonds service is the best way to help an arrestee out of police custody. Family members are responsible for helping loved ones with bail. Hiring a bail bonds service during this time provides expert guidance to navigate the bail process.
The bail bond procedure begins with an arrest and booking for a crime. After a defendant remains in custody pending the arraignment hearing, the presiding judge recites the charges, and the accused enters a plea. Depending on your jurisdiction, the court can rule on bail in this hearing instead of having a separate proceeding for bail.
After bail determination, you should seek family guidance for the bail process from a reputable bail bond company. These experts will explain their role in the process and the benefits of using their services.
Bail bonds are affordable because a defendant only deposits a fraction of the bail to secure release, helping them save money that could be used to hire a private attorney to defeat the charges.
Once you have the right company, you should call them on behalf of the arrestee. The company will demand the details of the arrestee, including full name, jail location, charges, and bail amount. After providing these details, the bail bondsman will explain the type of bail bond the loved one requires. With some, you could be required to deposit collateral, while with others, no collateral is needed. Other companies that demand a cosigner, usually a family member, to cosign the bail bond contract, meaning they will assume financial liability over the bail bond. The company must explain cosigner responsibilities and implications.
If you are approved as a cosigner and pay the premium fee, the company will prepare the contract, and once you sign, they will secure the release of your loved one.
Providing Financial Support
The defendant cannot work with the bail company from behind bars. They require a trusted family member to work with the bail bonds firm for their release. If you have the financial capability, you can cosign the bond for the arrestee. Becoming a cosigner or indemnitor means you assume financial liability over the bond and are responsible for the defendant’s future court appearances. Cosigning is a significant legal responsibility, so ensure you understand the obligations before agreeing. Besides, you must be sure you can trust the defendant to abide by court terms to avoid bail forfeiture.
When you become a cosigner, you are responsible for paying the bail bond premium, which is non-refundable. Also, if the company needs collateral, you will use your property. Additionally, in the event of forfeiture, you will be responsible for paying the bounty hunter fees. If the defendant is not found, you will repay the full bail, meaning you will lose your property. Therefore, before assuming the role, ensure you have the financial capacity and trust the defendant will comply with pretrial release terms.
Offering Emotional Support
Another way you can provide family support during bail for a loved one is by being emotionally available. Bail is an emotional process because of the waiting, family separation, and uncertainty. Some family members feel guilty because they do not have the bail funds. Others blame the defendant for the arrests and are hesitant to help, which leads to a disconnect and broken relationships. It is okay to have emotions. However, the best way to support an arrestee is to listen to other people’s opinions without judging, reassuring the defendant that they have the support of their family, and encouraging them to comply with bail terms after release.
Find a Competent Bail Bondsman Near Me
An arrest can be challenging for the defendant and the family. However, support from the family during this difficult time gives hope to the defendant and helps them secure an immediate pretrial release, depending on the circumstances. If your loved one is under arrest, contact Balboa Bail Bonds for family guidance for the bail process. Our bail bondsmen are experienced in helping loved ones with bail. Contact us at 619-760-2222 for family support during bail or family guidance for the bail process to ensure the arrestee exits jail early and smoothly in California.
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