If you have been arrested in the State of California, posting bail through a bail bondsman under California Penal Code – Section 1276 is often the best way to get out of jail fast. When you take this path, though, it’s vital that you understand the terms of your bail. One of the big questions is “can you go to jail for not paying bail bonds in California?” under current rulings. Here’s everything you need to know.
Does paying a cash bail bypass the threat of going back to jail?
Before thinking about the impacts of a bail bond, many people will want to consider whether paying their bail in cash could be the easier solution. On the one hand, posting bail yourself does remove any threat of problems linked to not satisfying your repayment plan. On the other hand, though, you will still be required to meet the conditions of your cash bail as set by the judge. Failure to do this could see you put in jail while simultaneously losing your bail money.
When added to the fact that bail can often cost between $10,000 and $100,000, using a bail bond agency that charges a 10% (or even less) down payment, a bail bond is usually the preferred route.
Can you go to jail for not paying bail bonds in California?
The short answer is: yes.
Bail bond agencies work by signing a surety bond with the courts on your behalf, which essentially guarantees that the defendant will attend all court hearings or a cash payment of the full cash bond. In return, you need to pay the 10% (or agreed figure) premium to secure your release followed by a repayment plan.
The bond agency has essentially trusted you to respect the terms of your agreement - firstly with the court and, secondly, with them. By agreeing to the binding agreement with the bondsman, you have committed yourself to making the premium payments. If the defendant or co-signer (where applicable) fails to repay the premium as agreed, they are within their right to take legal action.
A bail bondsman can advise the courts that they are withdrawing their offer to be responsible for the surety bond. They can additionally demand that the defendant is put back in custody as a result of their non-payment.
Do the circumstances of the case make a difference?
No. When forming an agreement with the bail bonds agency, it is one between you and them. As such, the circumstances surrounding your case are irrelevant. Whether found guilty or innocent doesn’t matter. Likewise, a dismissed case will not change the fact that failure to pay the premium is a violation of the contract.
You will still be required to pay the premium, even if you go back to jail. So, it’s best to meet the payments as agreed. If nothing else, it allows you to enjoy your freedom between now and the trial date while also preparing the legal defense in a more efficient way.
What are the best ways to avoid going back to jail?
In addition to taking action following a non-payment of the premium, a bond company can surrender their obligations at any time if they have genuine suspicions that you are a flight risk (aka likely to take off in an attempt to avoid payments as well as court hearings).
Your actions after an arrest should not be taken lightly, which is why you must act responsibly and within the State of California bail bonds laws. The good news is that bond companies rarely surrender their responsibilities unless you start missing payments. If you follow the steps below, you should be in a position to avoid the threat of jail between now and your trial date;
- Find a reputable bail bonds agency that has a track record for helping defendants in California with clear and comprehensive services.
- Read and understand the full terms of your contract regarding the premiums and your repayment obligations.
- Be sure to avoid committing any other misdemeanors or issues that could lead to further financial struggles.
You should never feel forced to stay in jail due to cashflow issues, and a bail bondsman can provide the services to secure your freedom in the shortest time. However, you should never agree to a financial commitment that you cannot afford. You wouldn’t sign up for a loan that isn’t affordable and should take the same caution with your bail bond. Working with a company that offers flexible repayments should aid the cause.
What are the options when you are forced back into custody?
If the bail bonds agency tells the courts that they will no longer be responsible for your attendance or cash bail amount, there are some additional options at your disposal. While they usually aren’t ideal, they could potentially prevent you from returning to jail. The most common contingencies are;
- Find a way to post bail yourself, perhaps by asking a friend or relative for help.
- Calling another bail bonds agency to post your bond and start a new premium.
- Ask your lawyer to investigate the possibility of a lower cash bail figure.
The last of those options can be useful when you have attended all court hearings and seem likely to receive a very small jail sentence. In reality, none of them are better than simply meeting your agreed payments - not least because you will still be liable for the initial premium as you agreed to the contract.
Post your bail bond today
Before worrying about a potential return to jail, your first concern is getting out of jail in the first place. Mr. Nice Guy can post bail on your behalf while offering flexible premium payment plans so that you can enjoy your freedom and prepare a case without causing further financial fears. Whether the services are for you or on behalf of a loved one, our 24/7 quick responses and transparent communication will serve you well.
Get in touch at 844-400-2245 to learn more now.
