Bail and bond issues that matter to the accused charged of any crime
Finding yourself in jail can become a no-win situation when you are charged with heinous crimes or serious violations of the law of the land. Once you are inside the four walls of a prison cell, the overwhelming thought will be to get out as quickly as one can. But how does one accomplish the seemingly impossible? You will realize that you are booked for a crime the moments following the arrest. The next step, the good lawyer will explain, is to post your bail. In this process a fixed sum of money is payable to the court for expediting your release. Here we attempt to demystify the process of booking and bail and bail bonds in terms that a layman can easily understand.
The process of being booked for a crime
It is not necessary that you will be jailed following an arrest. If the offense is a minor one that doesn’t involve serious strictures or the police officer considers you remotely connected with the crime, you could be let off with a citation (that you have to sign) on the understanding that you will appear in court when summoned by the authorities.
Release of an individual on “own recognizance”
• How serious is the crime? Or how central you are to the crime and whether being granted freedom will endanger the criminal investigations in any manner. Evidence on hand might indicate that you could easily tamper with evidence or you could be well connected and influential enough to subvert the proceedings of law.
• Past criminal records, or rather the lack of a criminal history, this being your first offense.
• Whether being released threatens the safety of witnesses or those that have given testimony against you.
• How well connected you are to the community? For example do you have a job, are you married or do you have a stake in landed property – these factors give a fairly good idea of the likelihood of your appearing for subsequent proceedings. A person without a stake in the community is more likely to flee justice and will be denied bail.
In the event that you are released of your own recognizance and you fail to attend hearings or you are suspected to have fled the land, you will be searched, captured, rearrested and imprisoned.
As can be surmised, release on own recognizance is more of an exception than the rule. For people that can’t satisfy the recognizance rule, the rules of bail and bail bonding will apply. Bail is nothing but a financial guarantee vouching for the fact that you will appear in court to cooperate with investigations and stand trial till your case is decided and judged. The bail amount is returned if you cooperate and appear in all scheduled hearings, but the same amount stands forfeited if you flee justice and expose yourself to rearrest.
Generally, a court will insist on a bail hearing to examine the charges, hear the defense and prosecution pleas and decide the bail amount thereafter. The factors taken into consideration by the judge before deciding on bail are the following:
• Your appearance, physical condition, expressions and conduct.
• How strong are your finances?
• Do you have existing family ties and a stake in the community by way of your job or property holdings?
• Is there a history of criminal abuse or fleeing from justice?
• Is there any previous occasion where you were called to appear in court and you were penalized or jailed for an offense?
• The extent of your stay in that particular community.
The idea behind researching your background is to determine how good a prospect you are of cooperating with the authorities in completing trial or subsequent hearings. Besides deciding your bail amount the judge can also impose restrictions such as placing a limitation on your movements, enforcing restrictions on approaching the victim or witnesses, revoking your gun license, or requiring drug testing, psychiatric evaluation, alcohol de-addiction or rehabilitation programs.
Once the bail is finalized in the bail hearing you have to approach a bail bondsman to post the bail, and this can be done through cash payments or by offering property or assets of equivalent value. This can be done on your behalf by a friend, known associate or a family member.
Once the bail amount is posted, the court will issue an order indicating the terms of bail and showing that you have been irrevocably released. On posting bail through a bail bondsman you will be released on the understanding that you will cooperate with the law in completing all judicial proceedings. In many cases it might not be financially possible to remit the entire amount of bail in person and then you need a bail bondsman to post the bail amount on your behalf. The bondsman levies a fee up to 10% of the bail amount, and in return the bondsman undertakes to make good the balance amount to the court if you jump bail. To furnish such an undertaking it is natural that a bail bondsman may ask you for additional security or collateral to shore up the bail amount. Such collateral can be offered in the form of jewelry, assets, immovable properties or stocks.
We have no hesitation in offering solutions that are holistically tuned to your financial situation. We have licensed bondsman willing to share complete information and help you chose the best options in your legal battle. For satisfying your immediate legal needs we are accessible through Costa Mesa (CA) and our experienced and licensed bondsmen are at your beck and call whenever the need arises.