Bail Bonds: Federal & State of California

What are the major differences between federal bonds and state bonds?

1.  When and how bail bonds are determined

Federal bail bonds- Defendants in a federal case cannot be bailed out—if eligible for release—until after the defendant appears before the magistrate or judge at the initial hearing. This federal court hearing is commonly referred to as the arraignment.

• Individual assessments are performed of each defendant/case in order to determine eligibility of release. Federal courts have no set bail schedule. After a defendant is arrested on a federal charge, a pretrial officer will take into account many things in order to provide a reasonable bail recommendation to the court: the defendant’s charges, background (including past criminal history), and ties to the community. According to an article on Prison Policy Initiative, “[a]cross the country, roughly 50% of people charged with federal crimes are released before trial”.

• Nebbia hearing is required in all federal court cases. In a Nebbia hearing, the defendant (and typically the defendant’s family) must prove the legitimacy of the money and collateral used to fulfill Nebbia court requirements. If defendant/defendant’s family does not have enough collateral to fulfill the financial obligations of the bail bond, the defendant will not be released. These added proceedings are another reason for the increased bondsman fee.

State bail bonds- Keeping the individual in custody for 48 hours is the maximum amount of time permitted in the state of California for police and/or prosecutors to place the accused in front of a judge. Arraignments in California must occur within 48 hours of the arrest, excluding weekends and holidays, if the defendant is in jail. If the defendant is bailed out before then, the 48-hour timeframe no longer applies and arraignment may be days or weeks later. Misdemeanors in California usually do not require the individual to remain in custody; arraignment for California misdemeanors will not occur for at least 10 days from the date of arrest.

• States have a set bail schedule and bonds are non-negotiable. In most cases, only a signature bond is needed; collateral in state cases is not always required.

• Orange County bail bonds can be posted in a variety of ways:

1. Orange County bail bonds can be posted in person at the Booking and Release Center. Bonds for Orange County can be paid in the form of a cashier’s check, money order, or travelers check. Forms of payment must be made payable to “Clerk of the Courts”, and payee must provide required identification. NO cash or personal checks are accepted. Payments cannot be mailed in.

2. Orange County bail bonds can be posted through your choice of a bonding company. If using a bail bonding company, it’s in one’s best to search for “bail bonds near me” in order to locate, read reviews and contact a highly reputable company such as Mr. Nice Guy Bail Bonds

3. Orange County Bail Bonds can be posted by sending a cash wire transfer through Western Union. The city code for Orange County is ORLFLJAILCLERK. It’s important to know that transfers HAVE to be the exact amount of the bond in order to be accepted.

• If the defendant fails to appear for his/her arraignment, a California bench warrant will be issued. This bench warrant authorizes law enforcement to locate, arrest, and bring the defendant directly to court.

For both California bail bonds and federal bail bonds, a separate bond must be written for each individual charge. The bail bonds cannot be combined.

BAIL BOND FOCUS: Federal courts typically focus on community safety, and many defendants are not allowed release preceding trial. On the other hand, California and other states focus on the defendant’s right to pretrial release. This is another reason why state cases issue more bond releases than federal cases.

2.  Bail bond price and who sets it

Federal bonds are set much higher due to the seriousness of the crime, the complexity of the process, and the higher associated risk. Federal bond fee is typically set at 15% of the bail amount, plus collateral, in federal cases. When bail is allowed, the use of commercial bail bonds is rare due to federal requirements of bondsmen to be experts in federal cases and procedures.

• Federal bail bond amounts are set and given by the federal magistrate or judge.

• Another reason federal bond amounts are higher is because of the complex proceedings, such as the Nebbia hearing, that California court cases do not encounter. Furthermore, bail bondsmen in federal cases are required to have specialized expertise of the intricacies involved in federal cases in order to be the third party in those court cases. This is why many agents are not able to process federal bail bonds.

State bonds- each state sets its own bond rates, usually based on some type of sliding scale. Bond is set by magistrate or bond clerk at the jail (depending on the state). Bail premium in state cases is between 6.5% and 15% of the bond amount. California bond amount is 10%.

Immigration bond amount is set at 20% of the bail. Once again, the higher cost is associated with the higher risk—specifically flight risk.

What are the different types of bail bonds?

Federal cases can be very lengthy, usually lasting 1-3 years. Any release conditions handed down from the court during arraignment must be followed the entire time the case is open, or bail will be revoked and the defendant will be taken into custody.

Federal Bond with Justification (criminal cases only) the required collateral—typically cash and/or real property—is pledged directly to the court. There is no third party held liable for the defendant to appear for court hearing(s).

• Individuals accused of violent crimes are rarely released; however, defendants of violent crime cases still can post bail if it’s been awarded by the court.

Federal Bond with No Justification (also known as a signature bond)- requires no money or collateral. This type of bond is a signed promise, or in rare cases a verbal promise, to appear for all court hearings. Sometimes a family member who is representing the defendant is allowed to sign this bond.

 Unsecured Bond- Released on Own Recognizance (ROR)/Released on Personal Recognizance (RPR)- most often used in cases involving less serious crimes and/or crimes committed by first-time offenders or minors. The defendant is released without having to pay anything—usually after taking into consideration their criminal history, employment status, family ties, community involvement, character traits, and flight risk—and is obligated to show for all court hearings. On top of any other conditions given for release, the defendant typically has to provide a DNA sample and refrain from committing any crimes during the release.

• Occasionally, a hybrid bond—having both secured and unsecured elements—is handed down. In this instance, the defendant is not required to pay the deposit on a face-value bond, but the defendant must sign documents accepting full liability of the bond upon his/her failure to appear in court. In effect, the court can reprimand the defendant into custody until the bond is secured and/or until the defendant’s case has been tried and closed if the defendant does not appear for the court hearings.

• Usually, two forms of collateral are required: promissory note and indemnity agreement.

Immigration bonds - only available to qualified defendants. US Immigration and Custom Enforcement, commonly referred to as ICE, or an immigration judge decides the defendant’s bail or release requirements. Release requirements of immigration bonds depend on factors present in other bond release requirements, such as the defendant’s employment status, criminal history, community involvement, and nature of the crime; in addition, federal courts also take into consideration the defendant’s family ties in the United States and the likelihood of the defendant skipping out on court hearings when determining release requirements. It’s important to note that it can take up to a year after release requirements have been met for the money/collateral to be refunded or released.

• Types of immigration bonds:

1. Delivery bond- In this type of bond, the defendant receives an arrest warrant and notice of custody conditions to ensure the individual shows for immigration hearings. The minimum amount for a delivery bond is usually $1500.

2. Voluntary departure bond- For this type of immigration bond, the defendant voluntarily agrees to leave the United States at his/her own expense within a specified and required time period. The minimum amount of a voluntary departure bond is usually $500. Once the defendant is confirmed to be out of the United States, the bond is refunded. If the defendant fails to leave the United States within the specified period of time stated in the release conditions, the bond amount is forfeited.

• Ways to pay immigration bonds:

1. Surety bond- This type of immigration bond payment is typically 12%-20% of the bond amount. It is paid by cash/collateral and is non-refundable.

2. Cash bond- The full amount of the bond is paid directly to ICE. It is refunded once defendant attends immigration hearing(s).

What are release requirements given in federal and state bail bonds?

If defendant poses a flight risk or is a threat to the community, strict conditions—such as wearing a GPS monitoring device—can be required of the defendant or bail may be denied altogether. If this occurs, the defendant has the opportunity to appeal to a federal judge at a later date.

The Federal court can impose strict conditions upon release that must be met—and are supervised by a federal officer—during the time before trial.

Some of these release conditions may require the defendant to:

• Surrender passport(s)
• Surrender firearms
• Refrain from drugs and alcohol; pass routine and/or random drug and alcohol tests
• Refrain from interacting with certain people or places (including certain employment locations)
• Maintain employment or actively look for employment (if unemployed)
• Stay within a specified radius; abide by set travel restrictions
• Attend drug and alcohol rehabilitation programs and/or meetings if deemed a necessary intervention by the court
• Consent to a psychological or other mental tests; attend therapy sessions if suggested by the therapist and mandated by the court
• Wear a monitoring device, such as a GPS tracking bracelet
• Consent to giving a DNA sample
• Abiding by a curfew
• White collar crimes require the defendant and/or defendant’s family to submit financial statements, submit to frequent check-ins, and receive mental health evaluations.

What is collateral?

Collateral is used to ensure the defendant will return to the court hearings. Typical forms of collateral used in federal and state court cases are:

• Real estate (usually equity of at least 150% of what’s owed to the court); refers to being “property-bound” when using real estate/land as collateral
• Fine jewelry (if appraisal meets or exceeds collateral requirements)
• Vehicles (provide title to prove ownership)
• Bank accounts, IRAs and retirement funds, life insurance policies, bank CDs
• Cash (money order, official banker check, personal check)