Do You Get Bail Money Back?

Handcuffs on bail bond and pile of money

When someone is arrested and needs to post bail, one of the first questions they have is whether or not they will get their money back.

This question can be difficult to answer, as it depends on the specific situation.

In this blog post, we will explore what happens to bail money when someone is released from jail. We will also discuss what happens if the charges are dropped against the defendant.

Do You Get Bail Money Back From Surety Bails?

When you post a surety bail, you do not get any money back. Surety bail is when you use a bail agent to post your bail for you.

The bail agent will charge you a premium, which is a percentage of the total bail amount.

The premium is a bail agent’s fee for maintaining the defendant and ensuring that he or she appears at all required appearances in court.

The premium fee is non-refundable, as it is considered payment for the bail agent’s services.

Do You Get Bail Money Back From Cash Bails?

If you post cash bail, you may get your money back, depending on the court’s decision.

If the defendant appears at all required appearances in court, the court will return the full bail amount to you.

However, if the defendant does not show up for a scheduled appearance, the court may keep the bail money and issue a warrant for the defendant’s arrest.

The court may also keep the bail money if the defendant is arrested again while out on bail.

Do You Get Bail Money Back From Property Bonds?

In the case of property bonds, the court will seize the property if the defendant does not show up for a scheduled appearance.

The process of selling the property may take some time, and you may not get back the full value of the bond.

You may also be responsible for paying any outstanding mortgage or loan on the property.

If you are thinking of using a property bond to post bail, you should speak with an attorney beforehand to fully understand the risks involved.

When Is Bail Returned?

If a defendant is found not guilty, the bond is discharged and any bail money that was posted will be returned to you.

If the defendant pleads guilty, the bond is discharged at the time of sentencing and any bail money that was posted will be returned to you.

What Happens To Bail Money When The Defendant Is Released?

When the defendant is released from jail, the bail money is returned to the person who posted it.

If you posted bail on your own behalf, you will get your money back when the defendant is released.

What Happens if You Can’t Afford Bail?

If you can’t afford to pay bail, you can contact a bail bondsman. A bail bondsman is a person or business that pays bail on behalf of a defendant.

The bail bondsman will charge you a fee, usually around ten percent of the bail amount. For example, if the bail is set at $1000, you will owe the bail bondsman $100.

Contact Bail Hotline Bail Bonds today!

Posting Bail on Your Outstanding Warrant

Nobody ever plans to be arrested or have a warrant out for their arrest, but it happens to millions of people every year. If a warrant has been issued for your arrest, there are a few things you should know in order to protect your rights and spend as little time in jail as possible. Police are allowed to arrest a person without a warrant under several special circumstances (such as the officer witnessing the crime). Otherwise, a warrant must be issued for your arrest. Knowing how to work with the system can help make the process as painless as possible.

Posting Bail on Outstanding Warrant

Luckily for some of the accused, certain warrants have predetermined bail amounts assigned to them. This means that you can post bail to the courthouse without ever having to spend a day in jail. Serious felony charges will likely not have this option, and some warrants actually state “No Bail” on them. If you are able to post bail, however, there are two ways to go about it:

1. Bail Bond for Warrant

A bail bond is a popular option that most people take to avoid arrest on an outstanding warrant. Contact Bail Hotline and we will do the research and determine the status of your warrant and all the options open to you. If bail can be posted on your warrant, then we will post a surety bond to ensure your continued freedom. An upfront fee of 10% of the actual bail amount is required for this service. After the bond is posted, your warrant will be recalled and a date set for your appearance in court.

2. Cash Bond for Warrant

Turning yourself in to law enforcement can be a harrowing experience, especially when you are unsure of the outcome. Call the court, giving your case number or name and date of birth to determine which options apply to the warrant. In certain specific cases, you can “Post and Forfeit” the warrant. This means that after paying the full bail, the warrant is recalled and the case is closed.

Bail can be posted with cash, credit card, or a check. The courts hold onto this money until a trial has concluded, at which point the bail amount may be returned, minus court costs and expenses. Statistically, cases where bail is paid with cash incur higher court fees. Essentially, if you show you have lots of cash, the court will not hesitate to charge you full price for all expenses incurred (such as a portion of any public defender costs).

If Bail Can’t Be Posted on Warrant

If there is no predetermined bail set for your outstanding warrant, there are a few options to consider. As the accused, you can always turn yourself in to law enforcement. At this point, you may be released on your own recognizance, or you will remain in jail until the court decides whether you are eligible for bail. Unfortunately, bail itself is not a constitutional right, but freedom from excessive bail is a right.

You also have the right to request a hearing by being put on the walk-in warrant calendar. In some cases, this is not an option due to the fact that the court may put a “no court surrender” order on the warrant. In this case, it is best to just turn yourself in to the police. If this order hasn’t been put onto your warrant, then you can show up where your original case was supposed to be heard, and ask to be put on the hearing docket of the day. If bail is set during this hearing, then once again you can post it by paying cash or contacting a bail bondsman.

Can You Post Bail Before Turning Yourself In?

If you find out there is an outstanding warrant for your arrest, you may be wondering, “Can I post bail before turning myself in to jail?” Posting bail before you turn yourself in can simplify your arrest and court processes. Your attorney can help you figure out how much money you will need for your bail. If you do not have the money available to you, you may want to seek assistance from a bail bond service. Your attorney can also help you figure out if you can pay a bond without going to jail. Once you have your bail bond funding in place, you can turn yourself in.

Posting bail before turning yourself in can be helpful for the following reasons:

– You will not have to sit in jail until you are brought to court.

– The process generally goes more smoothly when you are arrested with a bail amount already set.

Possession of Drug Paraphernalia California | CA HS11364

Almost everyone in California should know that possessing drugs is a serious offense that can result in severe consequences. What many people may not know, however, is that simply possessing the items used in the consumption of certain drugs can be a criminal offense. This crime is known as possession of drug paraphernalia, and if convicted, an individual may end up with a punishment that many view as excessive.

What is Possession of Drug Paraphernalia in California?

Drug paraphernalia involves any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes. Merely being in control of these items is a violation of California’s Health and Safety Code. The law says that it’s illegal to possess drug paraphernalia in California. It goes on to state that these types of items include anything used in the smoking or injecting of unlawful controlled substances. It should be noted that syringes used for medically prescribed purposes do not fall under this statute.

The prosecution must prove that a person had control over, or simply the right to control, the paraphernalia when arrested. In addition, it must be proven that the individual knew the item was drug paraphernalia and also knew that they had control over the item. Items used for marijuana use are exempted from this law and handled under other statutes.

Types Of Drug Possession Charges

Understanding the types of drug possession charges can help you know what to expect in a court of law. The penalties for various types of drug possession charges vary from case to case, and it is important that you have a strong defense against any potential charges. 

There are three types of drug possession charges an individual may face:

  1. Actual Possession – Actual possession happens if drugs were found on the defendant’s person. For example, if you are smoking a marijuana cigarette and police walk by, you would stand charged with actual possession.
  2. Constructive Possession – Constructive possession happens if drugs were stored and under the defendant’s control. For example, if drugs were in the trunk of a vehicle, then it would be considered constructive possession.
  3. Joint Possession – Joint possession happens when multiple persons possess the drugs in question. For example, if two friends were in a car and police found marijuana on each of them, they would both face charges for joint possession.

Bail Amounts for Possession of Drug Paraphernalia in California

Although the state of California sets forth punishments related to all crimes committed within its borders, it does allow individual counties to set their own bail amounts. Each county lists these amounts on their bail schedule. Individuals who can either pay the face amount, or have Bail Hotline post the bond for a fraction of that cost, can be released from jail instead of waiting in custody for their court date.

The bail amounts for possessing drug paraphernalia can vary greatly. In Los Angeles, for instance, bail is set at $250 after an arrest for drug paraphernalia possession. It’s important to note, however, that many bail schedules don’t even list a bail amount for possessing drug paraphernalia. This doesn’t mean, though, that there is no set measure. In Orange County, for instance, the bail schedule states that any misdemeanor charge that isn’t listed will have a bail amount of $500.

Punishments for Possession of Drug Paraphernalia

The potential repercussions for a conviction of this magnitude are pretty straightforward. Those who are convicted are guilty of a misdemeanor and subject to up to six months in jail. In addition to this, a person may also face a $1,000 fine for their possession of these particular items. Many think this is a bit excessive for merely having certain equipment, but these punishments have long been set forth by the state.

In addition, individuals with California professional licenses, such as a teaching license, may be put on automatic leave until the situation has been resolved. This means that these individuals could face the loss of their jobs in addition to the aforementioned penalties.

While the punishments for possessing drug paraphernalia in California may seem excessive to some, this doesn’t mean that the California criminal justice system is going to go easy on a person convicted of the crime. Anyone facing these types of charges has a few important decisions to make, and an individual who gets help from an attorney is much more likely to have a good outcome from their case.

How Long Does it Take to See a Judge

Getting arrested starts an entire series of hardships and consequences that a person must face. People are often left sitting in jail wondering when they can see a judge so that they can learn their bail amount – but this is not always necessary. Regardless of the situation, there are standards in the legal systems of most states and localities that dictate how long a person will be in jail before seeing a judge. People who are being held on federal charges actually have a law on their side stating when their arraignment must take place. There are circumstances when a person can get out of jail before seeing a judge, but people usually can’t take advantage of these legal nuances if they do not know of them.

When Can You See a Judge After Being Arrested?

There is no set federal law that tells states and localities when they must arraign a defendant, but most areas provide the accused with their first appearance in front of a judge between 48 and 72 hours after booking. This time frame will vary greatly depending on how busy a specific jail is and when a person was arrested. Many areas do not hold court on weekends or holidays, so if a person is arrested around either of these times, they may be held for a bit longer than usual.

If a person is arrested on federal charges, federal law requires they be given their initial arraignment within 48 hours of their arrest. This will also vary if a person is arrested on a weekend or holiday, but the time doesn’t exceed 72 hours. 

In both local and federal courts, a person is informed of the crime they are being charged with and expected to enter a plea. If a person enters a “guilty” or “nolo contendere” plea, then they may be sentenced immediately. If a “not guilty” plea is entered, then the judge will inform the defendant of the bail amount, if any, that they must post before leaving jail.

How Long Can You Be Held in Jail Before Seeing a Judge?

If a person makes bail, is granted “release on recognizance,” or is being held for extradition proceedings, then they can be detained before an arraignment. If the defendant has not been indicted within 48 hours of their arrest, they must be brought before a magistrate for an initial appearance. During this first appearance, the defendant will be informed of the charges against them and whether they can post a bond to be released while awaiting trial.

If a “not guilty” plea is entered, the judge may consider various release conditions depending on the circumstances. These might include an ankle monitor or house arrest. There are many factors that go into determining bail including, but not limited to: flight risk, criminal history, prior failures to appear in court on any charges (especially violent crime), and the nature of the charge.

How Long Does It Take for Bail To Be Set?

When you can see a judge and are given a specific bail amount, you can get out of jail as soon as you post that amount. 

It isn’t, however, always necessary for a person to wait in jail before seeing a judge. In most areas, certain crimes have a preset bail amount, known as a bail schedule, which can be posted before a person ever sees a judge. In these instances, the defendant can be released without ever seeing the inside of a courtroom.

Bail amounts – even preset ones – may seem excessive, but bail costs in America are high in general. If a person has the available funds to post their own bail, then they may do so. 

In most cases, however, a person will likely be better off if they contact a bail agent. These agents are usually able to get a person released from jail within hours of being contacted. If a person is able to use a bail agency, they may be out of jail before missing any work at all. Bail agents only charge a 10%fee of the bail amount, so they are much cheaper than if a person tried to post their own bail.

Going to jail is a stressful situation for anyone. It can affect a person’s job, family, and freedom. Seeing a judge for arraignment is the right of every person accused of a crime, but the time frame in which this occurs is usually in a gray area in local matters. A person who knows their rights is far more likely to get out of jail in a short amount of time. 

Many crimes carry with them set bail amounts; this means bail agents can have a person out of jail in a matter of hours. It is important that a person contact a bond agency as soon as they get their phone call after arrest to see if their charge has a set bond amount. If it does, then a person can continue attending to the responsibilities in their life without allowing their arrest to seriously affect them.

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Marco McGuire and Bail Hotline Honored as Business Leaders by the CA Hispanic Chamber of Commerce

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Riverside, CA—The California Hispanic Chambers of Commerce (CHCC), the premier organization promoting the development of Hispanic entrepreneurs and emerging Hispanic businesses in California, hosted the 2016 Annual Convention in Riverside, CA, September 21st to 23rd at the Riverside Convention Center.

Marco McGuire and his business the Bali Hotline Bail Bonds was recognized as “Business of the Year” at the annual event.

The theme of this 3 day event was “Innovation Starts Here”. The conference focused on new innovations that spark the success and creativity of entrepreneurs in California, the technologies that are transforming industries, and honoring and recognizing Hispanic business leaders who are changing the business landscape in California.

“It is a great honor to be recognized for all of the hard work that goes into building a business. I share this award with my family and the 340 employees that come to work every day to make a difference,” remarked Marco McGuire as he accepted the award. “Real success is achieved when you work to a position from which you can help others. That is what I work for every day.”

For more information about the 37th annual convention visit: www.chccconvention.com

The California Hispanic Chambers of Commerce (CHCC) has a network of over 45 Hispanic chambers and business associations throughout the State of California. Through its network of Hispanic chambers and business associations, the CHCC represents the interest of over 800,000 Hispanic business owners in California. The CHCC is the premier and largest regional ethnic business organization in the nation that promotes the economic growth and development of Hispanic entrepreneurs and California’s Emerging Businesses.

Marco McGuire and his brothers Daniel, Cesar, and Gilbert McGuire own Bail Hotline Bail Bonds, Phoenix Rising Recovery Center, ProAbiton Whiskey Lounge, and The Boardwalk Barber Shop.

Bail Hotline Bail Bonds Builds and Donates 35 Bikes to Miracle on Main Street

BHL donates 35 bikes to miracle on main street

Co-workers from across the state participated in sales training and teambuilding exercises that cumulate in several teams building the bikes for kids in need.

Riverside, CA  Miracle on Main Street, an annual toy drive and health fair in Downtown Riverside, will receive about 35 bicycles from Bail Hotline Bail Bonds. “Each year our event helps more and more kids, this year we hope to give away 1000 toys for kids in need.  These bikes will sure put smiles on a lot of kids’ faces!” explained Michael Lopez, one of the events founders.

Bail Hotline Bail Bonds combined sales training with the bicycle giveaway.  “After an intensive sales workshop, our bail agents form teams, build the bikes and role play a sales scenario demonstrating the training they just learned.  It is a great team building exercise, and the bikes are used for a great cause,” remarked Marco McGuire, VP of Bail Hotline.

About Miracle on Main Street Riverside:

A miracle is returning to Riverside’s Main Street on December 13, 2015! For the third year in a row, downtown Riverside businesses are spearheading the Miracle on Main Street: Toy Drive and Health Fair to spread holiday cheer and provide much needed resources to local families in need.

Last year’s event provided toys, health screenings, and a day of fun to nearly 800 families. This year, thanks to new partnerships with Riverside Downtown Partnership (RDP), the event is poised to reach nearly 1,000 local children.

All donations made to the event are tax-deductible. Donations can be made to Riverside Community Health Foundation Tax ID Number: 23-7276444

ABOUT BAIL HOTLINE BAIL BONDS

Bail Hotline Bail bonds is the fastest growing bail bonds company in California, with 32 offices across the state in cities like Riverside, Bakersfield and more, and a staff of more than 300 employees. The company offers a number of free resources for families seeking to get their loved ones released from jail, including an Inmate Information Hotline and a Bail Information Center. The company is committed to offering help and integrity to families during their time of need.

Bail Hotline Annual Backpack Giveaway in Logan Heights

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Bail Hotline Bail Bonds to Host Annual 1,000 Backpack Giveaway for Students at Boys & Girls Club in Logan Heights Since 2010, the California Company has hosted back-to-school backpack giveaways in San Diego and will be joined by Sombrero Mexican Food with 500 free burritos at this year’s flash event

San Diego, Calif. (September 9th, 2015)–Bail Hotline Bail Bonds (www.mybailhotline.com), the premier company servicing all of California with comprehensive bail bonds services and assistance, will host its back-to-school backpack giveaway of 1,000 backpacks at the William J. Oaks Branch Boys & Girls Club (2930 Marcy Ave.) for students in nearby elementary schools on Tuesday, September 9th, 2015.

After successful giveaways in San Diego and neighboring counties since 2010, team members from Bail Hotline will gather at the Boys & Girls Club to distribute the backpacks and free mini burritos from Sombrero Mexican Food (www.sombreromex.com) at noon, in accordance with nearby schools’ scheduled dismissal times. Students at Burbank Elementary School, Rodriguez Elementary School and Logan Elementary School have been notified of the giveaway, which will be handled on a first-come, first-serve basis.

“It’s an honor for Bail Hotline to be welcomed by the William J. Oaks Boys & Girls Club again this year and provide these students with brand new backpacks for a successful 2015 – 2016 school year,” said Marco McGuire, CEO of Bail Hotline Bail Bonds. “We’ve seen the impact new school supplies can have on students academics and overall productivity, so we’re proud to be a positive driver of that, year after year.”

During past years’ giveaways in San Diego, Riverside, Los Angeles and San Bernardino, all 1,000 backpacks were gone within less than an hour.

“It’s a great gesture that Bail Hotline Bail Bonds continues to carry out, donating backpacks to assist our youth with their school endeavors,” said William J. Oakes Branch Manager Ricardo Sandoval. “It shows how the community cares about our youth, which is what our organization prides itself in.”

The William J. Oaks Branch of the Boys & Girls Club is an age-appropriate place of physical and emotional safety and stability for its club members, where they have structure and clearly defined boundaries. The youth that are part of its organization are able to build strong, positive connections with adult role models and their peers.

Bail Hotline Bail Bonds is actively involved in the community, carrying out monthly community service efforts and outreach events.

To find a Bail Hotline Bail Bonds location nearest you, including at Riverside, visit www.myBailHotline.com or call 866-974-7360 for immediate assistance. We have offices everywhere from Bakersfield to Los Angeles and More.

Alternative Collateral for Bail Bonds

bail-bonds-collateral

The easiest way to bail someone out of jail is with cash, though this doesn’t always work and leads us to the topic of discussion: bail bond collateral. In most cases, a surety bond is the way to go when bailing someone out of jail. A surety bond is when you pay 10 percent of the bond amount to the bond agency (also called a “premium”) and the agency’s insurance company backs the rest. When you buy a surety bond, you also have to have enough collateral to make up for the other 90 percent of the bond in case the accused skips out on a court date.

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The Importance of Honoring a Bail Bond

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Bail bonds and the prohibition against being held without excessive bail is one our Fundamental Constitutional Rights, and something we need to take seriously. There are many different aspects to bail, today we will take you through the consequences of “failing to appear”, “FTA”, “breaking a bond” or missing a court date.
There are two primary reasons for honoring a bail bond. It is important for both the co-signer (or Indemnitor) and the defendant to make sure to follow through on any restrictions, requirements, prerequisites, and obligations of signing a bail bond. By following these “rules,” per se, you can be assured that there will be no unexpected or unnecessary financial or criminal consequences (for the accused) of bailing someone out of jail.

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