If you are arrested and charged with a criminal offense, bail can literally be your “get out of jail card.” Obviously it isn’t free, but it does represent hope to secure at least your temporary freedom. Going home to your family and your job, until your court date arrives, can help your defense and of course your financial position.
Continue readingAuthor: Bail Hotline Staff
How Bail Bonds Work
“You’re under arrest,” isn’t something anyone wants to hear, whether or not you are innocent. Though for the most part we want our justice system to move swiftly, there are times when it’s a little too fast for comfort. If you’ve been arrested, for whatever reason, your number one priority is getting released as quickly as possible! Finding representation quickly and having a bondsman on tap can be your lifeline to an otherwise terrifying experience.
Setting the Bail
At your hearing, after you enter a plea, you could be released on your own recognizance (ROR) until your court date. Depending on the charges, and severity of the alleged crime, another choice is that the Judge will set bail. If you have the cash to post the bond yourself, it saves you the bond fee and you will get the entire amount back on your court date after you appear. Without the necessary funds on hand the easiest “get out of jail card” is for you or a friend or family member to contact a bail bondsman.
How Bail Bonds Work?
Benefits of Posting Bond
If bail is set and you cannot pay, you will absolutely be detained until your day in court. If bail is posted and you are released, you gain the opportunity to meet with and acquire an attorney of your choice and means. Not only is it a tremendous relief of stress for you but also for your family. Release means you can return to your home and, more importantly, get back to work; losing income on top of sitting in a jail cell can be emotionally and financially devastating. Though the premium for a bond is 10% of the total bail, it is a small price to pay for your freedom – not to mention the relief that can come from having a professional who knows the ropes handling your release.
What the Bondsman Needs to Know
Whether you are calling a bondsman from jail, or have asked a friend or family member to do so, be prepared to answer several key questions; where exactly you are being held, how long you have lived at your current address, where you are employed, what the charges are and when you were arrested. For the co-signer, the bail agency will need to know how long they have known you, are they working (and how long at their current employer), and do they own a home or property.
Indemnifying the Bond
Usually a co-signer is needed to guarantee the bond. By arranging the bond for a defendant and signing the paperwork, your co-signer would become liable for you appearing in court as directed; meaning they would be responsible to pay the full amount of the bond if you failed to appear for any reason.
Usually collateral must be given to ensure the entire bond amount can actually be paid if necessary. Collateral is anything of value and may be in the form of additional cash, property, jewelry, etc. The collateral is returned after complete resolution of the case and all premiums due are paid – generally upon discharge or exoneration of the bond.
How Much Time Does it Take for Defendant’s Release?
Bond paperwork may take as little as an hour, and your release can be anywhere from 30 minutes to 48 hours; the times vary from jail to jail and state to state. If you’re using a bail bondsman, it’s a pretty safe bet your release will be as fast as it can possibly be accomplished.
Failure to Appear
If you do not appear in court on the date and time instructed, you are considered a fugitive and a bench warrant will be issued. A bench warrant is a type of arrest warrant issued by the court when someone fails to comply with a court order or requirement. It literally gives law enforcement the authority to pick you up, and bring you before the judge’s bench to respond to the charges. If you obtained your release via a bondsman, the bail agency is usually given authorization to arrest you and will enlist the help of your co-signer in doing so.
The Evolution of Bail Bond Law
Bail is a form of surety deposited with a court in exchange for releasing a suspect from incarceration – with the assurance that this suspect will appear for their trial date. If they should fail to appear, the bail is forfeited and additional charges can be brought against the defendant, whether or not they are found guilty of the charges for which they were accused. When a bail bondsman is used to post bail, the fee paid is not refundable as it is the fee for a purchased insurance on the suspect.
Early American Ideals
Bail laws in the United States were originally based upon English law. A few of the new colonies automatically guaranteed bail for detained suspects; once the Declaration of Independence was born in 1776, the rest of America’s colonies enacted bail laws of their own. The Constitution’s 6th Amendment requires that a detainee must “be informed of the nature and cause of the accusation,” allowing the suspect to demand bail if they are accused of a “bailable” offense. The Judiciary Act, passed by Congress in 1789, specified the kinds of criminal acts which were bailable (non-capital offenses) and established new criteria for judicial “discretionary boundaries” in setting a suspect’s bail.
The Bail Reform Act of 1966 stated that a “non-capital defendant is to be released, pending trial, on his personal recognizance or on personal bond” unless the judge ruled those incentives would not reasonably assure the subject’s trial appearance. The judge then had to choose an alternate bail from a conditions list, such as travel restrictions. In the case of non-capital charges, this Act did not allow the judge to take a suspect’s danger to his community into consideration. It did allow that a judge consider such danger in a capital case or after conviction.
Current Bail Guidelines
In 1984 our Federal Law replaced the Bail Reform Act of 1966, and allowed pre-trial detention of suspects based upon their possible danger to the community (prior bail statutes had only determined bail according to the detainee’s risk of flight). The current bail law is codified at United States Code, Title 18, Sections 3141-3150, see: http://www.law.cornell.edu/uscode/text/18/part-II/chapter-207.
Though individual states vary as to the intricacies of bail law, usually a suspect charged in a non-capital crime is presumed to be bailable. Some states have adopted laws similar to Federal law; i.e. permitting pretrial detention when a suspect is charged with serious or violent crimes, and they are demonstrated to be a flight risk or danger to their community.
Modern bail bond businesses are rooted in the system first established by Peter P. and Tom McDonough in San Francisco in 1898. Pete was a colorful character, who spent 8 months in the Alameda County Jail for bootlegging, eventually seeking a pardon from Calvin Coolidge. Throughout the years, Pete McDonough developed a tight network with outlying police precincts, and was able to quickly convince judges to sign an order of release for his clients.
Learn more about Bail Bonds.
Lynwood Jail New Inmates
Sheriff Lee Baca may decide to close off the older portion of the Men’s Central Jail in Los Angeles County. This part of the jail has been troubled by inmate killings, poor supervision and guards using excessive force.
The older section of the jail was built in 1963 and contains the older-style of long rows of jail cells that makes it more difficult to supervise inmates and jailers. The proposed plan is to move approximately 1,800 inmates to the Lynwood jail facility. Among them are some of the most violent offenders in the county. At this time, the Lynwood jail houses only female inmates.
In March 2006, CRDF officially re-opened Lynwood jail to be utilized as an all female jail facility. CRDF will continue to provide a booking center at Lynwood jail for Century Station, Compton Sheriff’s Station and for all female prisoners.
Instead of the antiquated rows of cells, Lynwood jail allows to have inmates in the more modern circular cell configuration with a security booth in the center. This will enable deputies to better-supervise the inmates without having to walk down long rows of cells to see what they are doing.
Right now, the Men’s Central Jail houses nearly 4,500 inmates, making it one of the largest detention facilities in the world. The third floor, also called the 3000 floor, keeps the county’s most dangerous inmates, including gang leaders and killers.
For additional information about Lynwood jail, please click here: Lynwood Jail
Picture source: La-Sheriff.org
Stages of a Criminal Case
While television crime shows make it look like a criminal will immediately go to jail, the process of trying a criminal case is much more complicated. From arrest and posting bail to going to trial and sentencing, there are many legal procedures that the accused will have to go through.
Below is a guide to the stages of a criminal case:
Arrest and booking:
Whether they are taken by force or voluntarily, anyone who is under police custody is arrested and brought into jail. While the accused is booked or cited, a pretrial or probation officer will gather information about the alleged crime. This information will be used by a judge to decide if the accused can be allowed out of custody before the trial by posting bail and agreeing to appear at a set date.
Arraignment:
A judge will read the official charges against the accused as well as their rights to an attorney. During arraignment, bail may be changed or the accused may be released on their “own recognizance.” Arraignment is also the time when the accused enters their plea of guilty or not guilty. If he or she agrees to a plea bargain, then the charges may be lessened or dropped for an admission of guilt. If the accused maintains their innocence, then they may be taken to trial.
Motions, Hearings, and Trial:
Both the prosecution and the defense will hold a series of motions and hearings that will determine which evidence and witnesses will be allowed in court. At trial, the prosecution will have to prove beyond a reasonable doubt that the accused has committed the crime they are being held for. A judge or a jury will make the final decision.
Sentencing:
If the jury or the judge finds the accused to be guilty, then sentencing will occur. Depending on the crime, prior criminal record, and a person’s living condition, the court will determine a suitable sentence. Sentences can include jail time, the payment of fines, or even counseling and community service.
If a judge allows the accused to post bail, then they will be granted freedom as long as they agree to appear in court when told.
Bail can be paid in cash or with a cashier’s check, but if you cannot afford bail on your own, then Bail Hotline can help. With over 20 locations in California, we can help you or a loved one get a bail bond in your time of need—24/7. For more information 888-GET BAIL or contact us now.
How to Post Bail
If you or a loved one has been arrested, then a judge will determine how much your bail will be. But once that is done, how do you post bail? This video from Howcast.com explains.
The cheapest and quickest way to post bail is to pay the court in cash. This money will be returned to you when the case is over. But if you don’t have the cash, then you need to contact a company that supplies bail bonds. Many will charge you 10% of the bail amount, but they will then pay the full bail amount to the court. However, the 10% fee is a payment, so you won’t always get it back.
Some bondsmen may require some collateral or require a friend to co-sign a bail contract. But as long as you show up in court when you are required to, the property will be returned to you.
Here at Bail Hotline, we’ll work closely with you to come up with the payment plan that suits you. Collateral is not always required, and you may be eligible for a lower premium. Contact us today for more information. (888) GET-BAIL
Embrace The Streets
Bail Hotline Supports Embrace the Streets
We are happy to be a part of San Diego’s Embrace the Streets! Here is some information on this great event: For the 3rd year in a row, Embrace delivered its Embrace The Streets event that benefits homeless civilians and homeless veterans in San Diego.
Can’t Afford to Post Bail?
Posting bail after an arrest is setting up an agreement between the accused and the courts. They pay a determined amount of money in exchange for freedom and the guarantee that they will return to court when they are ordered to. And while not everyone can afford to post bail right away, there are still options.
Here’s what to do if you can’t afford to post bail:
The History of a Bail Bondsmen
The history of bail bondsmen in the United States is long and storied. While the Eighth Amendment prohibits excessive bail from being set, much of our system for bail was borrowed from England. In fact, many are surprised to learn that bail statutes date back to as early as 1275.
The Difference Between Bail and Bonds
Do you know what the difference is between bail and a bond? A lot of people don’t. Most people think that bails and bonds are the same because they are always being talked about or written about together… so, “aren’t the terms interchangeable?”
