Normally, depending on the circumstances of the case, most criminal defendants have a right to bail. Judges take into account that an individual arrested for a white-collar crime does not pose the same risk to public safety as does a serious or violent offender. You can post bail after an arrest to secure your release from detention.
Having said that, in some cases, cash bail can cause prosecutors to request a PEN 1275 hold on the funds, thus unnecessarily extending your pretrial detention until your good faith can be established. In any event, a business crime bail bonds firm may finance your release to prevent unnecessary delays, as they are lawfully empowered to do so. Moreover, the company or individual will help you through the white-collar crime bail proceedings efficiently.
Understanding the Facts After Arrest for a White-Collar Crime
Have you been arrested for a white-collar crime in California? What do you do?
White-collar crimes are non-violent crimes involving deceit or fraud for financial benefits. Persons charged with these crimes are typically professionals, businesspeople, or public officials entrusted with public resources. Examples of white-collar crimes are as follows:
PEN 503: Embezzlement
Embezzlement means the unlawful disposal of property or proceeds of a sale that were entrusted to you by someone as part of a fiduciary relation or in the standard course of business for selfish gains or to deny the owner’s enjoyment. It involves the stealing of huge sums of money over longer periods.
PEN 470: Forgery
You commit forgery when, with the intent to defraud another, you sign the name of another to some writing or give out a wrongful document either by putting one’s signature on a document or check in lieu of a person or simply by referring to it in some other way.
Nevertheless, to face arrest, you must have intended to hand over the falsified or changed document to someone else as an original, even though you did not succeed. Attempting to commit forgery is also a crime, meaning you could be arrested before depositing a forged check. If you manage to hand over the forged check, the crime of forgery is complete, as the prosecutor can prove your mindset or purpose to commit fraud.
California Bribery
Per PEN 67 and 68, you commit bribery when you give something valuable or an advantage to a public official or executive with the mindset of illegally influencing their performance of official duties. Usually, the party offering and the one receiving the bribe are arrested for the crime. Bribery is closely related to extortion; the only difference is that someone uses an advantage, money, or valuable item as leverage and not force.
California Fraud
You commit fraud when you deceive another person to acquire an unfair or illegal gain. Crimes encompassed under fraud include insurance fraud, banking fraud, tax fraud, mail fraud, and mortgage fraud.
Identity Theft
Per PEN 530.5, identity fraud occurs when you utilize someone else’s details for fraudulent activities. For example, you commit identity theft when you use another person’s identifying information to register a credit card and then use it for purchases or to obtain personal or bank details.
California Extortion
PEN 518 defines extortion as unlawfully threatening to injure someone or reveal confidential details unless they give you money or agree to your other demands. The offense is a felony that attracts severe penalties upon conviction.
California Perjury
Another white-collar crime you could face charges for is perjury under PEN 118. The offense is defined as knowingly making a false statement under oath. You can be apprehended for perjury when you give false information while testifying in a trial.
Often, individuals targeted with white-collar investigations have never been through the criminal justice system because it is usually their first offense. An arrest is typically very challenging for your first time, as you do not know what to expect. Investigations also take a long time to conclude, so it is always advisable to hire an attorney early in the case to prevent charges or a charge reduction.
Once investigations end and there is sufficient evidence for arrest, the court issues an arrest warrant. Your arrest follows after the warrant issuance, and you must remain in pretrial detention until you deposit the set bail. Bail for these crimes can be high depending on several factors, like criminal record and the crime’s nature. What makes it even more challenging is that the DA has the authority under PEN 1275 to inquire about the funds utilized to post cash bail. A hold on bail is necessary to ensure that you do not use the proceeds of crime to regain your temporary freedom. Even if the funds used to post cash bail are from a genuine source, you must prove it in a hearing, which could delay your release. Therefore, when posting white-collar crime bail, you are encouraged to use a corporate crime bail bonds firm to post a surety bond.
No matter how high your bail is, do not give up and be comfortable with staying in jail for months or years awaiting trial. White-collar offenses often involve complex financial transactions and require careful legal handling. Investigations and prosecutions involve going through extensive paperwork and written documents, which could go on for months or years. You do not want to remain in jail for this long because you cannot afford bail. Bail bondsmen will finance your release at a small fee, enabling you to afford bail and ensure a streamlined financial crime bail process.
White-Collar Crime Bail Process
After an arrest for a white-collar offense, the steps you should expect are:
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Booking and Processing
When investigations for your alleged white-collar crime conclude and there is substantial evidence to support charges or prove a law violation, a magistrate or judge issues a warrant for your arrest. The police will pick you up and take you into custody, where you undergo booking or processing. When your violation is a misdemeanor and a first offense, the arresting officer will likely issue you a citation and allow you to leave without bail if you promise to appear in court later. If you remain in pretrial detention after arrest, you should be arraigned before a judge within 24 hours.
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The Arraignment Proceeding
The judge or magistrate handling your case will read your formal charges at the arraignment hearing. Ensure you have your criminal defense attorney in this proceeding because the judge rules on bail in this first court appearance, and you need someone to argue for bail in your favor, as the prosecutor will say against bail. The primary concern that is addressed regarding bail is whether you will attend scheduled court proceedings after the pretrial release. The factors the court will consider when ruling on whether you should remain in pretrial detention are:
- The severity of your charges
- Your criminal record
- Whether there is a risk of your fleeing because of a lack of community ties
White-collar crimes are non-violent. Therefore, you are less likely to be denied bail because you are a threat to the public.
Depending on your case’s facts, the judge can grant an own recognizance (OR) release if you satisfy the set protocols. An OR release means you must not post bail to exit pretrial detention. A promise in writing that you will attend future court hearings will secure your pretrial release without monetary conditions or bail.
If you do not qualify for an OR release, you must post bail to secure release. Besides, the court could deny you bail depending on the facts of your case.
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The Financial Crime Bail Process
After arraignment, the court can schedule a bail proceeding to understand the defendant more and the facts of their case. In the preceding, the judge rules whether to increase or reduce your white-collar crime bail or whether the defendant will remain in pretrial detention in severe cases. When setting your white-collar crime bail, the judge considers
- Your employment status and history
- The duration you have been living in your community
- Your reputation, character, and mental health
- Prior criminal history
- The chances of you committing another crime while outside
- The severity of your charges
Once the court grants bail and imposes a monetary condition, there are other pretrial release requirements that you must abide by, including:
- Travel restrictions
- Curfew enforcement
- Electronic monitoring
The court’s conditions depend on the case’s facts and will vary from one white-collar crime to another.
Cost of a White-Collar Crime Bail
The cost of bail after arrest for white-collar crime usually depends upon the respective county wherein the arrest was made, your prior criminal record, and some facts pertaining to the case. A fixed bail amount does not exist, and it may range anywhere from $10,000 to $100,000.
Arrests find you when you least expect it. So, raising thousands of dollars within hours or days will be an uphill task for those who wish to pay bail in cash. Many defendants must remain in pretrial detention until the case is concluded. Yet, you should not wait that long simply because you cannot afford the bail. You could go ahead and place a call to a duly licensed corporate crime bail bonds firm, and they will deposit a surety bond for you in court, guaranteeing your appearance in court. The company only charges a 10% premium fee of the total bail amount, therefore making it affordable.
A licensed corporate crime bail bonds company is also recommended to expedite your release, even if you have the money. Besides posting the bond, your corporate crime bail bonds company will assist you throughout the financial crime bail process with little, if any, challenge until the start of the trial. Paying a hefty bail would make you run out of savings; hence, you will hardly find funds to hire a credible private criminal defense lawyer to represent you in court. You could also experience delays because of source hearings when the DA moves to have a hearing inquiring into whether cash bail funds constitute proceeds of white-collar crime, the accused is charged with. If you must pay cash bail, source documents, such as a bank statement, paycheck, or tax return, should be kept to show your legitimate source of those earnings.
Choosing a Bail Bonds Firm
Once one is apprehended for a white-collar violation, he or she could rely on a corporate crime bail bonds service for the pretrial release, depending on your financial position or need to avoid a source proceeding that could delay your freedom. It is critical to find a reliable and competent corporate crime bail bonds company.
When hiring a person or company to post a surety bond for you, you should consider their availability. You want to work with professionals available around the clock to address your concerns. A company that adopts online or remote bail services is the best choice because you or the person posting bail for you can do it from any location, even at night or on weekends, as the bail paperwork and payment can be completed online.
In the same way, you should regard how many experiences the firm has handled based on defendants accused of a crime similar to yours. An experienced corporate crime bail bond service will allow you to negotiate the financial crime bail process with little or no trouble and win quick release.
You have to check that your bail bond agency is licensed by an insurance company to deposit bonds on defendants’ behalf, temporarily releasing them while their trial is pending.
Look for a firm that charges low premium fees with the option to finance. White-collar crime bail is expensive, and even the 10% fee that most agencies demand will be difficult for many defendants to pay; hence, you want an agency that charges affordable fees and can provide either cash or credit financing if you cannot afford to pay the fee upfront. Ask for detailed quotes from various bail bond agencies and compare them to determine which is best. Be wary of those who supply low-price quotations to lure in clients but hide costs that will multiply the cost of bail bond services.
While financing your release, they would ensure you won’t have to spend long in pretrial detention; they will also explain your bail conditions and ensure you abide by them so that you are not rearrested.
Find an Experienced Corporate Crime Bail Bonds Firm Near Me
White-collar crimes are non-violent and committed by entrepreneurs, public officials, executive officials, and other professionals through deceit for financial gain; thus, once arrested for this white-collar crime, you will need a bail bondsman well-versed in the financial crime bail process to effect your prompt and inexpensive pretrial release. We at Balboa Bail Bonds have the experience handling white-collar crime bail that will help you secure your immediate release. Call 619-760-2222 for a no-obligation consultation in California.