Bail Bond Industry

If you have been charged with a crime and the judge let you post bond, your freedom is something you want to make certain you don’t lose. The judge could have required you to stay in jail until your case was heard, which can sometimes take months or even over a year depending on the seriousness of the charge. It is important to keep your cool while you are out on bail, to help with your case and to keep your freedom. The consequences of getting into trouble while out on bail are very serious.

Bad Behavior Consequences

If you act out while you are out on bail, the judge may revoke your bail. This means that you may have to spend the remaining time in jail, while you wait for your trial or the next court hearing. Rather than being able to spend time with friends, family and romantic partners, now you will have to be behind bars and have every movement monitored and controlled by the jail and its agents.

Even if the judge does not revoke your bail, you may still face other consequences. The judge or jury will know about the bail being revoked and this may influence their opinion of you regarding your current charges. This could mean that you could get convicted of a crime that you didn’t even commit because you made a bad impression on the jury. Not to mention the criminal record this kind of action will establish; if there is a next time, the fact that you did not abide by your bail conditions may prevent you getting bail in the future, or at least raise the bail face amount.

Activities to Avoid

While you want to avoid all criminal activity and stay on the straight and narrow while you are out on bail, there are particular types of activities that you should definitely avoid. First, don’t go back and perform any type of criminal behavior for which the charges are currently pending. For example, if you are being charged with possession of a controlled substance, and you get caught being in possession while you are out on bail, it will be hard for the jury to believe you weren’t guilty of the first charge. You should also avoid any violent crimes while you are out on bail. Additionally, you should avoid any association with felons, steer clear of weapons or anyone who owns or carries one.  Closely follow your stipulated bail conditions, which may include abstaining from alcohol – and if someone throws a beer can in your trash barrel and an officer of the court drops by, you could be handcuffed and on your way back to jail in a New York minute.

Leaving the Area

Sometimes the judge will order that you stay within a designated area while your charges are pending. Do not get caught crossing that line or the judge may revoke your bail, thinking that you are trying to take flight. Perceiving you as a flight risk is one big reason why a judge may deny you bail in the future.

Tips for Staying Out of Trouble

It is important to be on your best behavior and to get through your time before court appearances without getting into any more trouble. Here are a few steps that you can take:

1. Avoid hanging out with certain friends or family members that may influence you to do wrong.
2. Avoid drugs or alcohol that may impair your judgment.
3. Try to work or attend school during the time that you are waiting for court. This will make you look better for the judge and jury and will help fill some of your free time.

Avoid hanging out with people that anger you and may cause you to get into altercations.

At some point in our lives, we all have known someone who has been to jail. Unfortunately, this sometimes can include our personal friends or family members. Nobody wants to see a loved one behind bars, and they will often do whatever they can to get that person out of jail quickly.

Most of us think of bounty hunters as characters from “old west” films or TV show “reality stars.” The truth is that these “bail enforcement” or “fugitive recovery” agents are, in fact, an integral part of the modern day bail industry.  Bail bond agencies rely on these folks to find and apprehend those who have fled from their responsibilities to appear, per the surety bonds that have been posted on their behalf.

The Profession

A bounty hunter can be described as a person who tracks down someone, or something, for money.  The bounty is the reward paid to them for performing this public service. Even today, bounty hunters still track down people who skip bail or fail to appear for court dates. Also known as bail skipping, failure to appear to a court date is a criminal offense, and in the U.S. it is a common occurrence. It is reported that 25% of all felony defendants fail to show up at their trial, so the bounty hunters have plenty to keep them busy. In fact, it is estimated that bounty hunters are responsible for returning 99% of criminal defendants who do skip bail in the United States.

Bounty Hunting Laws – Pros and Cons

Bounty hunters have very few limitations they have to adhere to in terms of state laws, and there has been debate about the lack of regulations that govern them. In most cases, they are not subject to any civil liability if they cause injury to a fugitive while capturing them.

Many critics state that the legal privileges extended to the bounty hunters nowadays are unwarranted, and some even go as far as saying that bounty hunting should be outlawed altogether. Critics have also stated that bounty hunters often use questionable and even violent methods to capture bail skippers, and that this goes against the administration of justice defined in the constitution.

On the other hand, defenders of bounty hunters feel that they serve a crucial role in the criminal justice system, and they should not be forced to follow regulations that will impede them from carrying out their duties.  Criminal defendants do have rights that should be protected, but most physical altercations come about because of their reluctance to surrender, when found.

Screen Adaptation vs. Reality

The careers of bounty hunters have been adapted into television series and movies that have been box office hits. Among the most notable films about bounty hunting was released in 2010 and directed by Andy Tennant. “The Bounty Hunter,” played by Gerard Butler, learns that his next mission is to capture his ex-wife, played by Jennifer Aniston. This interesting predicament leads them into an exciting, albeit romantic adventure.  And of course everyone is familiar with the TV legend, “Dog” Chapman, and his antics and extreme measures played out on screen.  When he chased a fugitive into Mexico, Dog found out his “character” wasn’t immune when he was arrested.  Though he was then released on his own recognizance, he chose to leave the country (into the U.S.) and was subsequently extradited to stand trial – clearly a “reality check.”

The truth is that bounty hunters do face a lot of dangerous situations that cannot be cut and retaken in the next shoot. They also have to rely on sharp instincts, investigative prowess and tact in facing every situation – since there is no script to read from. In some cases they find themselves in life-threatening situations, far from the dramatic made-for-movie scenes on the big screen. Bounty hunters are a necessary evil in society and, regardless of the points their critics make, they do render a valuable service.

The bail bonds agents at Bail Hotline are licensed and experienced bail bonds agents who understand the tremendous stress and emotional difficulty faced when arranging bail for a friend or loved one. Bail Hotline San Diego Bail Bonds provides affordable bail bonds and flexible payment plans that will help your friend or loved one get out of jail quickly. We also provide payment options to individuals that can’t afford the full premium for posting bail and can tailor specific payment plans to meet your individual needs.

The following are San Diego County Jails’  locations:

1. San Diego Sheriff Department Central Jail Facility

San Diego Sheriff Department Central Jail is an adult male facility. If a love one has been arrested by one of the surrounding city police departments, most likely he will be transferred to this facility.

Located at 1173 Front St. San Diego, CA 92101.
For inmate information in San Diego call (888) 575-1249.

The Bail Hotline San Diego Bail Bonds office can help with any bail bonds in San Diego Sheriff Department Central Jail Facility and is here to help you make an informed decision on how to proceed in this difficult matter. You may contact our office:

Bail Hotline San Diego Bail Bonds: 1401 6th ave San Diego ca 92101

2. East Mesa Sheriff Department County Jail Facility

The East Mesa Sheriff Department County Jail Facility was originally a probation camp. It was turned over to the San Diego County Sheriff’s Department in 1991.

Located at 446 Alta Rd., Ste. 5200 San Diego, CA 92158.
For inmate information in San Diego call (888) 344-7918.

3. East Mesa Detention Center Jail Facility

Located at 446 Alta Rd., Ste. 5200 San Diego, CA 92158.
For inmate information call (888) 361-5543.

Bail Hotline San Diego Bail Bonds: 1401 6th ave San Diego ca 92101

4. George Bailey Sheriff Department County Jail Facility

George Bailey is a maximum security adult male facility. The George Bailey Sheriff Department County Jail Facility is the largest facility under the San Diego Sheriff’s Department.

Located at 446 Alta Rd., Ste. 5300 San Diego, CA 92158.
For inmate information in San Diego call (888) 217-9315.

Our Bail Hotline San Diego Bail Bonds office is located near the George Bailey Sheriff Department County Jail Facility which makes the bonds process that much faster.

5. George Bailey Detention Center Jail Facility

George Bailey Detention Center Jail Facility located in the city of San Diego is in the county of San Diego. George Bailey Detention Center Jail Facility never closes so neither do we. We are here to assist you when you most need it.

6. South Bay Sheriff Department County Jail Facility

The South Bay Sheriff Department County Jail Facility is four stories beneath the South Bay Regional Justice Center.

Located at 500 Third Ave Chula Vista, CA 91910.
For inmate information call (888) 550-7539.

Visit our San Diego Bail Bonds Office for more bail & inmate information.

7. South Bay Detention Center Jail Facility

The South Bay Detention Center Jail Facility is four stories beneath the South Bay Regional Justice Center.

Located at 500 Third Ave Chula Vista, CA 91910.
For inmate information call (888) 418-0975.

Visit our Bail Hotline San Diego Bail Bonds Office for more bail & inmate information.

8. Chula Vista Police Department Jail Facility

The Chula Vista PD serves one of the largest cities in San Diego County. A person booked into the Chula Vista Police Department Jail Facility has a certain amount of time to bail out or that individual may be transported to a county jail.

Located at 315 4th Ave, Chula Vista, CA 91910.
For inmate information call (888) 297-3489.

Bail Hotline San Diego Bail Bonds: 1401 6th ave San Diego ca 92101

We hope you found San Diego County Jail list useful.  Remember, if a loved one needs to get out of jail quickly, contact Bail Hotline San Diego Bail Bonds office.

If the defendant is out on bail and fails to appear for a stipulated court appearance, it may not prove to be as much of a headache for them as it can become for the person who posted their bail. According to the law, anybody can post bail for the defendant – relatives, friends or even total strangers. Cash bail may be paid directly to the jail or court, but there is another option – to use the services of a licensed bail bondsman. With a bail agent, you are only required to come up with 10% of the bail face amount in cash.  Usually the balance is provided by way of collateral – in the form of titles, deeds, etc. or additional cash or jewelry.

Why a Defendant Might Fail to Appear 

The reasons behind a failure to appear in court on the scheduled date and time can be broadly classified into two factors – either the defendant has fled, or there has been some genuine reason behind the absence. If the reason is valid, such as the defendant having been involved in an accident or a death in the immediate family, then the court may consider the situation and decide to excuse the defendant. There is a grace period allowed by the court wherein all explanations need to be submitted with relevant proofs and documents.

However, in the event that the person on bail has absconded with no intention of facing the court or law officials, then the matter becomes serious not only for the defendant but also for the person who has posted the bail. As soon as the defendant misses his or her date with the court, the judge issues a notice to the person who bailed out the defendant, as well as the bail agency. The person signing the bail bond contract is known as the indemnitor and on the occasion of the defendant’s failure to appear in court, the bail bond is said to be in default. A bench warrant is then issued for the defendant’s arrest.

What Happens to the Money?

When the bail bond is declared to be in default by the court, the indemnitor stands the risk of losing their bail money. In addition, the risk extends to any collateral that was used to secure the bond; for example, their house, car or other valuable property. If the defendant manages to show up in court, or is arrested and brought into court within the statutory period of time, then the default status is removed.

It is the responsibility of the indemnitor to provide financial or other requested assistance to the bail bondsman, in order to get the defendant back into court. If the defendant has skipped bail and his or her whereabouts cannot be determined, the bail agency will enlist the services of fugitive recovery personnel in order to protect their surety obligation. If the defendant is still missing after the stipulated time allowed by the court, the bail can be forfeited and any collateral used to secure the bond must be sold or used to acquire the cash to make up the difference. The defendant, if caught as a fugitive, may also face criminal charges and chances are now that the original case against the defendant may also lean against him or her.

It could happen to anyone and may someday happen to you when you think it’s not even a remote possibility. Most arrests are for minor transgressions and a great percentage are for traffic violations gone astray. You might wander into another lane for a second and find yourself pulled over – and when you mention you take prescription medication, well, it could happen just that easily.

The Arrest

Of course you should always cooperate with law enforcement. Resisting arrest or yelling at the officer isn’t going to win you any points down the line, whereas a peaceful submission might just result in a release on your own recognizance. Arguing or trying to convince an officer that you are innocent is a waste of your time, and his. They’ve heard everything, dozens of times over, and whether you’re innocent or just upset it’s not going to spring you out of the handcuffs or jail.

The Rights to Remain Silent

These rights apply to any person who is arrested, no matter how minor (or how serious) the crime for which you are accused. Whether or not you are guilty, making a verbal or written confession can end up in a lot heavier penalty. If you are being questioned, the best thing to do is to “lawyer up.” Requesting a lawyer isn’t going to be held against you, it’s your right. If you suspect your rights have been violated during your arrest, be sure to discuss it with your attorney.

1) The Fifth Amendment to the Constitution – A part of the Bill of Rights, it protects witnesses from being forced to incriminate themselves. To “plead the Fifth” is to refuse to answer a question because the response could provide self-incriminating evidence of an illegal act punishable by fines, penalties or forfeiture.

2) Miranda Rights – You know you’re getting arrested when you hear the words, “You have the right to remain silent, as anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.” Named after an actual case (Ernesto Miranda v. Arizona in 1966), the defendant’s conviction was overturned because he had signed a written confession to armed bank robbery while in custody, without understanding he had the right of silence.

The Booking Process

Once you reach the jail you will be fingerprinted and your “mug shot” will be taken. Next you’ll be placed in a “holding cell” where you will wait to see a judge or magistrate (a local member of the judiciary having limited jurisdiction).

Outside Contact

You are entitled to make free phone calls (2-3 depending on the jurisdiction), and these should be used wisely. You’ll want to contact a trusted friend or family member and a bail agent who can run interference and obtain your release as soon as possible. If you can afford an attorney, that should be one of your calls.

First Appearance

In 1991 the Supreme Court ruled that holding a suspect beyond 48 hours without judicial review is unconstitutional; it must be shown that there is probable cause to continue to hold you. During this review the bail or bond issues are handled and you will also be assigned a public defender if you cannot afford an attorney.

Arraignment

When you have been charged with a crime, the arraignment is the date on which the actual charges are read and your plea is entered. Your lawyer will be present and explain the process to you and assist with your plea decision. Your case might now be dismissed, or if you plead guilty you may be sentenced; a trial date will be set for a not guilty plea.

Once bail has been set, there may also be non-monetary conditions added by the court in order to secure the defendant’s “pretrial release.”  These conditions may be considered necessary to prevent the accused from absconding (departing in a sudden and secret manner to avoid capture and legal prosecution), intimidating witnesses, endangering public safety, committing other offenses, or for the defendant’s personal protection.

The Bail Reform Act of 1984 stipulates that when the court releases a defendant before trial they will be subjected to the least restrictive conditions that will “reasonably assure their appearance as required,” as well as “the safety of any other person and the community.” Therefore, bail conditions cannot be more severe than is necessary and they must be clearly stated on the bail bond itself.  In some cases there may be no conditions that will adequately assure the accused will appear, or that public safety is guaranteed, and in this case the accused will be remanded to jail without bail to await trial.

Standard Bail Conditions

The judge, at his or her discretion, may set conditions about the conduct of a defendant while out on bail awaiting trial.  There are various types of conditions, which might require that the accused:

1. must report to police
2. must attend a rehabilitation or treatment program
3. must adhere to a specific curfew
4. must surrender their passport
5. must not contact the victim
6. must not contact witnesses (directly or indirectly)
7. must maintain current job or seek employment
8. must attend school
9. must not have any weapons in their possession
10. must not use drugs or alcohol – may include random testing
11. must not commit further offenses
12. must reside at a specific address
13. must remain within certain jurisdictions

Examples of Conditions

If a defendant is young and without supervision, or is new to the area, they might be required to keep up attendance at school or maintain their job and regularly report to a probation officer or bail agent.  The person to whom they report might also be requested to stay in close touch and possibly assist the defendant with arranging transportation to their appearances in court.

If there is a prior charge of failing to appear or a current disregard of conditions, the defendant may be ordered to “house arrest” and only be allowed leave with permission to go to school or work.  If the accused has a history of addiction, they may also be required to have counseling, attend AA meetings or participate in treatment.  With a domestic case, the defendant may be specifically prohibited from entering the house of the victim.

Bail is a choice, nobody can force you to accept bail and thereby live under the conditions the court has set. However, in order to get out of jail and enjoy your freedom in between the court appearances, you must abide by all of the rules dictated by the bail conditions.

Once bail has been set – either by the jail or a judge – the next step is coming up with either the full amount (in the case of a cash bail) or 10% (when using a bail bondsman).  The remaining 90% of the bail face amount must be secured by collateral, to ensure the bondsman can cover the bail if the defendant fails to appear.  The concept behind bail collateral is to provide additional liquid assets in exchange for the surety bond.

The initial 10% premium is a fee paid to the bond company in exchange for its guarantee to the court that the defendant will appear as ordered.  The premium is considered fully earned and nonrefundable once the bail agency has posted the bond on behalf of the defendant.

Forms of Collateral

Collateral can be in the form of additional cash, a credit card payment, mortgage deeds on real property or unimproved land, business equipment, automobile titles, jewelry, assignments on paper assets such as stock certificates or bank accounts, letters of credit, or any other saleable possession of value.  Some unusual forms of collateral have been an oil well (1987 in Oklahoma) and a church (2010 in Queens, NY).

All collateral is surrendered to the bail company until the defendant makes all the required court appearances and the bail is exonerated.  Titles, certificates and deeds are held in trust by the bail company (rather than the actual vehicle or other large item being held), while smaller items like jewelry are generally secured in a safety deposit box or vault.  Before collateral can be returned, any outstanding payments on the premium must be paid.

Whomever puts up the premium and collateral for the bond is called the indemnitor; this may be the accused themselves, or a friend or family member.  The indemnitor would remain responsible for the full bail amount if there is a failure to appear for all ordered court appearances.

What happens to my collateral if the defendant fails to appear?

Collateral is basically a security deposit, to ensure the bail company will not have financial loss. If the accused fails to appear, the collateral is of course at risk.  However, chances are usually excellent that the defendant is going to be found, arrested and brought back in front of the judge within an allotted time limit. If the timeframe is not met, bail may be forfeited and the full amount becomes due and payable to the court. As the indemnitor you would be given a chance to turn the collateral property into cash, especially when the value exceeds the bail.

Keep in mind that the bonding company is in business only to secure the release of the defendant and ensure their appearance in court on the date ordered. The bail agent doesn’t want your property, and would incur expenses moving forward to claim it. All efforts are put toward finding the defendant (with your assistance) and returning him or her to the court; once this occurs, the collateral would be released back to you.

After the bail amount has been set the bail bond process begins and that’s when you can help your friend or loved one “post bail.” Many people ask themselves, what determines the bail amount? Many times less serious crimes are bailable without going before the judge, and will be set from the “bail schedule” at the jail. The bail schedule is a guideline for common crimes and can include set amounts for traffic violations, misdemeanors, DWI (DUI) charges and even felony crimes like burglary or violent offenses. Each county has its own bail schedule that determines the bail amount. Here is an example, this is the 2012 bail schedule for the county of Los Angeles.

Ultimately, the judge has the last say as to whether or not bail is set and the amount of the bail. If the accused is charged with a minor offense, and they are employed and reside in the area, the judge may release them on their own recognizance with no bail required. Bail may also be lowered for a person with little financial resources.

The following background details about the defendant may affect the judge’s decision as to the bail and conditions that may be set:

1. Prior criminal record and their record of following court orders
2. Job and finances
3. Ties to family in the community
4. Length of time in the community
5. Property ownership in the community
6. Severity of the charges
7. Probability of conviction and potential sentence
8. Threat to public safety
9. Risk of flight and country of citizenship

Severity of Charges

Higher bail is likely if a serious crime is involved. If the crime was violent or severe (as in murder, kidnapping, drug sales, etc.) there is a low probability of bail; in this case the defendant will be remanded (no bail) to jail to await trial.

Prior Record or Warrants

If you have a criminal record the bail will be higher, but if the crime is serious as well then there may be no bail set. Things taken into consideration will be the number of your prior convictions, and their level of severity, as well as how recently they occurred.

If you have a record and have also had bench warrants, you are likely not going to have bail set. Since setting bail is all about your promise to appear as directed, bench warrants will send up a red flag about your reliability. If the warrant was for other reasons, or previously resolved legitimately, your defense counsel can argue the point during your arraignment to convince the judge to set bail.

As the first stage of a criminal proceeding, the arraignment is a formal court appearance before the judge. In some cases the defendant will “attend” by way of a video camera set up in the jail. The arraignment generally takes place within 24 hours following an arrest, the suspect was arrested on a weekend – in which case it will usually be scheduled for the next business day. Also known as a bond hearing or bail hearing, the arraignment is the time and place where bail will be determined.

There is no evidence heard during an arraignment, nor are witnesses called before the judge. The arresting officer is not required to appear, the defendant’s innocence or guilt is not determined at this time and, normally, the defense attorney will speak on his or her behalf. If no private attorney has been retained, the judge will inform the defendant of his or her right to legal representation and will, if needed, assign a public defender.

Formal Charges

A court officer will call the case out by docket number followed by the name of the accused, as in: “The People against John Doe.” The defendant will then be placed in front of the judge (in person or from the jail by video), with the defense attorney and prosecutor present. The detailed public reading of the charges is usually waived, in lieu of a short statement of the charges and a brief review of the specifics.

The Plea

After the charges are read, the defendant’s attorney will enter a plea on their behalf from the following choices:

Not Guilty – The defendant is stating they did not commit the crime for which they are accused; a pre-trial date will be set.

Guilty – The defendant is admitting guilt to the facts of the crime; the judge imposes sentence or remands them to jail awaiting the sentencing hearing.

Nolo Contendere (No contest) – Essentially this is a guilty plea, except that this plea cannot be used against the defendant in a civil lawsuit; the judge imposes sentence.

Mute Plea – If the defendant refuses to make a plea the court will enter a not guilty plea for them; a pre-trial date will be set.

Decision to Set Bail

During the arraignment, the judge will be deciding whether to release the suspect on their own recognizance (ROR), or remand him or her to custody without bail, or will set bail a bail amount and possible conditions. The prosecutor offers a statement with respect to bail; how much he thinks it should be and whether he feels the accused is a flight risk. If bail has been requested by the state, the judge will now ask the defense lawyer for a statement. His response will be to challenge the prosecutor or introduce more information on the side of his client’s release. After all parties have made their statements, the judge will decide, and this will be the end of the arraignment.

After Arraignment, What Happens to the Defendant?

If bail has been set, the bailiff will escort the accused back to a holding area or to the jail until bail has been posted. If the judge has chosen an ROR (Release on Recognizance), the defendant will generally be allowed to depart the courtroom, for the promise to return on the court date set. Depending on the state, the suspect may have to return to the jail until the ROR has been processed.