An arrest is not usually an occurrence that is planned, and unfortunately so. It is often shocking news when a loved one or friend is arrested. Many people experiencing this unpleasant surprise usually ask what they should do, which is understandable. Except if you have prior experience navigating the criminal justice system, knowing where to begin and what steps to take is challenging. Reading this blog will help. It provides insight into the steps for helping a loved one post-arrest.
Understand What Follows After the Arrest
When a police officer arrests a person in California, they will transfer them to the nearest police station, jail, or sheriff’s department. If you are present during the arrest or come to know about it afterwards, you can rest assured that the arrestee has been taken to the nearest jail. Some counties have many jails. In this case, your loved one will likely be taken to the primary intake facility. Should the arrestee make their call while detained to inform you of their arrest, ensure you ask them which facility is holding them before they hang up.
After being arrested, your loved one in pretrial detention has certain constitutional rights. Recall that a criminal arrest does not translate to a conviction. Arrested individuals are presumed innocent before the law until they are proven guilty. Among the most crucial rights for arrestees is that they must be arraigned in court within forty-eight hours, excluding holidays and weekends.
During the arraignment, the judge will ask your loved one to take a plea. The court will decide whether to set bail and impose the amount if they enter a not guilty plea. Sometimes, your loved one may be subject to an own recognizance release. This is where they do not have to post bail. The judge will only make them sign a written promise to appear in court. Otherwise, your loved one must post bail to secure their jail release.
Stay Calm and Do Not Argue With Police
Staying calm and not raising arguments with the police officers is one of the ideal pieces of advice on supporting your loved one who is under arrest. If your loved one is arrested in your presence, resist the urge to escalate the matter or argue loudly.
Perhaps you may be feeling that your loved one’s arrest was not legitimate or fair. However, you will likely not change the officers’ minds. On the contrary, you may make your loved one’s situation more difficult by revealing details about what has transpired, or in severe cases, face criminal charges yourself.
Rather, calmly request the law enforcement officers present at the scene about what agency they are from, the specific charges your loved one faces, and where they are taking the arrestee. Also, take note of the time the arrest happened. This information can be helpful to the lawyer the loved one is working with.
Collect Necessary Information
After family member’s arrest, gathering the necessary details should be one of your steps. Gather all the details you can regarding the arrestee. You must learn their complete legal name, the facility holding them, the charges against them, and their booking number, if available. This information will assist you in locating them and determining whether they have been granted bail. The more complete and accurate the details, the quicker the bail and jail release process.
Assist Your Loved One Hire an Attorney
Often, a defense attorney is incredibly valuable for the arrested loved one. A lawyer’s work begins before the court arraignment and goes on through sentencing (should the case reach this stage) and beyond.
Note that the defendant can opt to hire a private lawyer or work with a public defender if they cannot afford to secure private services. We do not recommend specific lawyers. However, looking for an attorney experienced in the criminal charges your loved one is subject to is an ideal place to begin.
Start to Look into Bail Options
Your loved one must wait to be arraigned to exit pretrial detention on bail. However, with the brief timeline existing between a criminal arrest and court arraignment, it will be helpful if you start deciding on bail options.
Generally, there are three primary options for posting bail if your loved one has been arrested. These are a surety bond, a property bond, and cash bail. Cash bail is when you must raise the required bail amount and deposit it in cash with the court. Apart from paying in cash, some courts accept payment with credit cards, debit cards, personal checks, money orders, travelers’ checks, et cetera.
On the other hand, a property bond entails giving collateral to the court to hold onto until your loved one’s case ends. In this case, collateral should be valuable property such as real estate, a car, collectables, or expensive jewelry. Courts require that the collateral’s value be twice the bail amount for the property bond to be acceptable. Once you provide collateral, the court will place a lien on it until your loved one has made the required court appearances.
A bail bond, also called a surety bond, involves hiring a local bail bonds company to post bail on your loved one’s behalf. Once the judge has determined your loved one’s bail bond, you can contact a bail bonds service to request a bond. The bond company will evaluate your loved one’s case facts and your financial situation, and then it can agree to help you post bail.
If the company agrees to post bail, it is usually at a nonrefundable fee and sometimes with collateral to secure a bond. The nonrefundable fee is usually 10 percent of the total bail amount. And since you will be posting bail on your loved one’s bail, you will become the cosigner.
Paying cash bail and a property bond eventually means being refunded your funds or the court releasing the lien on the asset you posted as collateral. This is provided your loved one appears in court as required and meets all the conditions the court would have set. However, the process of being refunded for your money or property may take an extended period. In the meantime, however, the lien will be active and the money will be locked away.
Hiring a bail bondsman means paying only 10 percent of the total bail amount, without further obligations. It is a popular option for individuals who cannot afford to raise the entire bail amount or part with money for years or months while it remains in the criminal justice system. Also, most bail bond services offer flexible payment plans that stretch out the bail bond cost over time, making securing a bond even more manageable.
Ensure you work with an expert bondsman. These have experience with the local jail and court systems and know how to handle the required procedures and paperwork. Look for a bondsman who is responsive, licensed, and conversant with the place where the arrest happened. A reliable bondsman can often begin the bond process immediately, reducing delays.
Check Whether You Qualify as a Cosigner
If the judge has set bail for your loved one and you plan to secure them a bail bond, you want to check whether you qualify as a cosigner. If you obtain a bond for a loved one, the bail bond agency you hire will need you to co-sign the bond. However, to be a cosigner, you must meet certain eligibility criteria. Some of the requirements you must have include the following:
- Established relationship with your loved one. Bond agencies usually prefer cosigners with a close relationship with the accused to ensure a vested interest in the accused’s compliance. In this case, you can cosign the bond if the loved one in question is your close friend or family member.
- Financial stability. As a cosigner, you must be able to pay the bail value should your loved one fail to make court appearances. This includes having sufficient income and steady employment.
- Reliability and trustworthiness. An excellent record of being reliable is essential. You may not be eligible as a cosigner if you have a poor financial background or a criminal record.
- Verifiable identity. You must have a legitimate government-issued identification, like a passport or driver’s license. Giving a residential address and other relevant information ensures you are accessible whenever you are needed.
- Reliability and trustworthiness. An excellent record of being reliable is essential. If you have a poor financial background or a criminal record, you may not be eligible as a cosigner.
- Good financial history and credit score. A high credit score shows financial responsibility, assuring the judge of your commitment to the monetary aspects of the bond agreement.
Apart from checking whether you meet the eligibility requirements, you also want to know your responsibilities as a cosigner. Some of them include the following:
- Paying the bond premium. This will be one of your primary responsibilities as a cosigner. The premium is usually 10 percent of the total bail value, as mentioned earlier. Paying this bond fee reduces the financial burden of securing your loved one’s release.
- Providing collateral. When the bail bondsman promises the court of your loved one’s court attendance, they protect you from paying the entire bail value if the accused flees. Sometimes, the bondsman can lower the risk linked to the bond by requesting collateral. Since you are the cosigner, you will be the one to provide the collateral.
Collateral secures the bond. Should your loved one skip bail, the bondsman can sell the collateral to recover their losses. When you provide collateral, it will be tied to the bond company until your loved one’s case ends. When the case ends and the bondsman has not forfeited their bond money, they will return the collateral to you.
- Ensuring your loved one appears in court. As a cosigner, one of your responsibilities after your loved one is released from jail is to ensure they keep their promise. One of the conditions for bail is that the defendant makes court appearances as required and follows other bail conditions for their continued stay out of jail. As a cosigner, your duty is to see that your loved one has attended court on the scheduled dates and followed all the pretrial release conditions. Failure to which will lead to their rearrest and subsequent forfeiture of your collateral
- Paying the whole bail value. If the bondsman forfeits their bail amount and you did not provide collateral, the financial duty of paying the entire bond amount will be transferred to you. So, if your loved one’s bail was $50,000, you will pay the entire amount to the bondsman even if they forfeit their bond to the court.
If you do not meet the eligibility criteria or are unwilling to take up cosigner responsibilities, you might need to find someone else to cosign your loved one’s bond. Ensure you find a person with a stable income who is willing to guarantee that your loved one will attend court. Having all this information beforehand can greatly speed up your loved one’s bond process. If you are prepared financially, your family member will secure their jail release much quicker.
Find an Experienced Bail Bondsman Near Me
Now that you know what to do if loved one arrested, you need to move swiftly because time is of the essence. Especially if the judge has set bail for your loved one and you plan to secure a surety bond for them, you want to ensure you waste no time in contacting an experienced bail bonds company. The quicker you act, the sooner you can have them released.
At Balboa Bail Bonds, we offer fast, professional, and compassionate bond services across California. We understand that an arrest can happen at any time and unexpectedly, which is why our bondsmen are available 24/7 to make it easier for your family member or friend to secure their release. Call us at 619-760-2222 to have the release process started.