If you’re unfamiliar with the legal system, dealing with the bail bond process can be daunting. Bail bonds in California are a financial agreement that allows a defendant to remain free awaiting trial, so long as they meet the bond conditions. Here, we’re going to look at how bail bonds work in California, from payment to recouping forfeitures, and the basics of what you need to know about them.
Understanding Bail Bonds in California
In California, as in most states, bail bonds are designed to help release the defendant after an arrest, allowing them freedom while waiting for court proceedings. The court sets the bail amount for the defendant, which acts as collateral, held by the court as a security that the defendant will appear when called.
The amount of the agreement varies based on the nature of the crime, the defendant’s criminal history, and perceived flight risk. Bail bond companies come in if the defendant or family is unable to pay the full bail amount. They issue a bail bond, paying the full amount to the court, so long as the defendant (or party representing them) can pay a fee.
Paying for a Bail Bond in California
How much you pay for a bail bond in California is regulated by state law, typically 10% of the total bail amount. If your bail is set at $40,000, then the non-refundable fee paid to the bail bond company would be $4,000. Some agencies may offer discounts for military personnel, union members, or individuals with private attorneys, reducing the rate to as low as 7% in certain cases.
Bail bond agencies often offer payment plans to help spread out costs over time. Collateral like property, vehicles, or jewelry may be required to secure bonds for higher amounts, too. The collateral is returned after the defendant meets their court obligations, but the fee stays with the agency.
The Process of Bail Bonds in California
The bail bond process in California involves several steps:
The defendant is arrested and booked into custody, where their personal information, charges, and fingerprints are recorded.
The court sets the bail amount depending on their judgment of California’s bail schedule.
If the defendant and their family can’t afford the bail amount, they can contact a bail bond company to help arrange their release.
After explaining the terms and conditions, the bail bond agent collects their fee and secures any necessary collateral.
Once the paperwork is complete, the bail bond agent submits the bond to the jail, and the defendant is released.
How California Bail Bonds Work
California’s bail bond system relies on a contractual agreement. The agent posts the full bail amount with the court, and the defendant is freed from jail with the expectation they will appear at all necessary hearings. The co-signer pays the fee on the agreement and offers any necessary collateral.
The bond is exonerated if the defendant appears in court as scheduled and the case concludes. The bail amount is returned to the bond agent, and any collateral is returned to the co-signer. If the defendant skips bail, the bond is forfeited. The bail bond agency pays the full bail amount and is likely to recoup it from the co-signer, who is financially liable.
What to Do When Someone Skips Bail in California
There are serious legal and financial repercussions when a defendant skips bail. A bench warrant is issued by the court for the defendant’s arrest and their bond is considered forfeit. The bond agent has a grace period (180 days in California) to locate the defendant before they are liable for the full bail amount. During this time, most bail bond agencies will work with bounty hunters to track down and return the defendant to custody. If the defendant is found and returned within the grace period, the bond is reinstated. Otherwise, the co-signer is held liable for the full bail amount and may lose any collateral provided.
Recouping Bail Bond Forfeitures in California
Recouping a forfeited bail bond in California requires swift action. The bail bond company or co-signer can file a motion to reinstate or exonerate the bond if the defendant is located and returned to custody. This motion must be filed within the 180-day grace period to avoid financial liability.
In some cases, extenuating circumstances such as hospitalization or a misunderstanding may justify the reinstatement of the bond. An experienced attorney can assist in navigating this process and presenting a compelling argument to the court.
The Role of Bail Bond Agents in California
Bail bond agents are licensed by the California Department of Insurance to act as intermediaries between defendants and the court. Their responsibilities issuing bail bonds to secure a defendant’s release and ensuring that co-signers and defendants understand their legal obligations.
If the defendant attends all of their court appears, they ensure that collateral is protected and returned to the co-signer and, if the defendant skips bail, they work to locate and return them to custody. This is all handled with professionalism and transparency by reputable bond agencies.
Common Questions About Bail Bonds in California
How long does a bail bond last? A bail bond remains active until the case concludes, either through dismissal, a plea deal, or sentencing.
What happens if a defendant is re-arrested? The original bond may be forfeited, and a new bond may be required for their release.
Can bail be reduced? Yes, a defendant’s attorney can file a motion to reduce bail based on financial hardship or other factors.
Is collateral always required? Not always. For low-risk cases, the premium alone may suffice, but high-risk cases often require collateral.
Are bail bond agents licensed? Yes, California requires all bail bond agents to be licensed and adhere to strict regulations.
Bail bonds play a vital role in California, helping defendants secure their release while awaiting trial. At the cost of a non-refundable fee, bail bond agencies post the full amount of the defendant’s bail, and help them understand their own legal obligations, which can help individuals and their families navigate the legal system without unnecessary financial risk.
