Finding out that the police have arrested and detained a loved one is stressful. To secure a release pending your trial, you can post bail. One thing you should decide is whether to work with a seasoned bail bondsman, especially if you cannot afford your bail amount. There are many reasons to retain a bail bondsman. If you are uncertain about whether it is the most effective option, you should weigh the pros and cons.
Pros of Using a Bail Bondsman
Before asking whether you should hire a bail bondsman, it is essential to know the purpose of bail bonds.
After your arrest and booking, the judge can grant you bail to secure your release pending your trial. Bail guarantees that you will show up in court and comply with your release conditions. The court will refund the amount you posted after your criminal case conclusion, provided you adhered to your bail terms.
The judge sets the bail amount based on factors like the nature of the crime, your criminal record, community ties, whether you can flee the jurisdiction, and public risk. Sometimes, the judge can set an amount that is too expensive for you and your family to afford. That is where the help of a trustworthy bail bondsman comes in.
The bail bondsman will post a surety bond with the court, guaranteeing your appearance in court. The court will financially hold the bail bonds firm accountable if you jump bail. In exchange, the bail bondsman will require you to pay the company a service fee equal to 10% of the bail amount.
While you are not obligated to hire the bail bondsman, most defendants prefer bail bonds to cash bail when they have adequate money. Here are the benefits of retaining the firm:
Bail Bonds are More Affordable than Cash Bail
The financial dynamics of posting bail can be complicated and may impose considerable obligations on you and your family. If you cannot afford to pay the entire bail amount, the assistance of a bail bondsman comes in handy in exchange for a ten percent premium. Paying the premium is more affordable than paying the full bail amount.
If you cannot afford the required premium, your bail bondsman can offer you a flexible payment plan. The repayment plan allows you to first pay a down payment, which is a percentage of the premium, and then clear your outstanding balance in installments as agreed upon.
Ensuring You Continue Working
Being in police custody and unable to report to work can result in potential loss of employment, especially if you live paycheck to paycheck.
Bail bonds offer a lifeline; they permit you to obtain release and return to your work promptly. The continuity goes beyond making an income; it is about maintaining the normalcy, dignity, and structure that your employment offers.
Expediting Release through Established Relationships
Using professional connections within the California criminal court system means a significant advantage that your bail bondsman brings to you. Your certified bail bondsman works inside courts and jails every day, developing an understanding of jail shift changes, paperwork routing systems, and clerk requirements. The professional interaction speeds up the administrative workflow, leading to a prompt release rather than handling the court clerk alone.
Discreet and Confidential
Even if you have adequate funds to post a cash bail, sometimes it is advisable to retain a bail bondsman, especially if you are charged with drug trafficking, grand theft, money laundering, or embezzlement. In this case, the court will place a 1275 hold.
After the court places a hold, you can fight it at a court hearing. During the hearing, you should prove by preponderance of the evidence that you lawfully acquired the bail money. Some of the evidence you can use includes pay stubs, tax returns, bank statements, sales transactions, and loan agreements.
When you use a bail bondsman, the source of your bail amount is confidential, and the court cannot come after you.
Moreover, seasoned bail bonds companies understand that arrests are sensitive and treat defendants with respect and discretion. They recognize that even good individuals make legal mistakes and that your arrest does not define your life. Experienced bail bondsmen work with understanding and dignity, making a challenging situation more bearable.
Guidance and Expertise
Apart from assisting you in securing a prompt release, your bail bondsman can guide you through the complicated California criminal process. They can answer your questions, address your concerns, offer referrals to criminal defense lawyers if necessary, and explain your responsibilities. Since they have previously handled similar criminal cases, they can offer you objective, realistic expectations.
Disadvantages of Hiring a Bail Bondsman
Here are the cons of using a bail bonds firm:
The Premium is Nonrefundable
The ten percent premium you pay is nonrefundable, regardless of your criminal case outcome. It is the firm’s service fee.
Additionally, you must pay your outstanding balance in installments under the flexible repayment plan, regardless of the outcome of your case.
You Put the Collateral at Risk
Since the court holds the bail bondsman financially accountable for your entire bail amount if you jump bail, the service provider will require you to provide collateral. To avoid making losses, the firm will seize the asset and liquidate it. Common examples of collateral include real estate, cars, stocks, artifacts, jewelry, and yachts. The worth of your collateral should be twice the amount of your bail bonds amount.
You are at a Risk as a Cosigner
As a cosigner, you do not just pay their premium but also have the responsibility of ensuring the defendant shows up in court. Otherwise, the bondsman will require you to pay the entire bail amount. If you had provided collateral, the bail bondsman would sell the asset. This could result in financial constraints and bad blood with the defendant.
Aggressive Recovery Strategy
After you jump bail, the court will give the bail bondsman six months to return you to court before requiring the firm to pay your set bail amount. One way to find you is to hire a bounty hunter to locate, apprehend, and return you to the court. It can result in intrusion or intense surveillance.
Find a Reliable Bail Bondsman Near Me
You are not obligated to hire a bail bondsman and can explore other available options. Nevertheless, the reality is that working with a bail bondsman like Balboa Bail Bonds might be the ideal option to secure a prompt pretrial release, especially if you cannot raise the set bail amount.
Our California-based team can also guide you through the complex criminal justice system, explain your responsibilities to ensure compliance with court conditions, and answer your questions. Please contact us at 619-760-2222 to schedule your initial consultation.