When you find yourself on the wrong side of the law, you can be arrested and placed in jail. The thought of jail time is scary to anyone. California law understands that not all people arrested will be found guilty of the alleged offenses. For this reason, the court allows defendants to stay out of incarceration until the court is ready to try their case.
The court will only release some defendants after signing a promise to be back when the trial begins. However, most defendants will require a monetary commitment to the court for a release. Bail is money you offer the court to guarantee your return after an early release. The court expects you to post the full bail amount before the release.
Unfortunately, many defendants will not be able to come up with the high bail amounts set by judges in California. This leaves a bail bond release the only option. At Bail Bonds Company, we will provide the financial backing you need to ensure your loved one does not spend a minute longer in jail. Our El Segundo Bail bondsmen are available anytime you need help posting bail.
Bail Reduction or Elimination
The amount of bail that the court sets for your release can make a difference between spending time in jail and going home to be with your family during this challenging time. For this reason, fighting to reduce your bail to the lowest possible amount is critical for your release. The judge sets your bail at the first appearance.
Often, the court considers the type of crime you have committed to find a based amount in the bail schedule and adjust it based on other factors of your case. You can use the following strategies to have your bail reduced or eliminated:
Bail Reduction through Attorney Application
At your arraignment, the court will inform you of the crime you allegedly committed and the charges that the prosecution has filed against you. During this proceeding, your criminal defense attorney can apply to have your bail reduced by giving the following arguments:
- You have strong connections to your community, preventing you from skipping bail. In this case, what suffices as strong bonds include membership in a religious organization, employment, or family.
- You have made all past court-ordered appearances. If you are not a first-time offender, your bail amount may be affected by your criminal history. Showing that you made all appearances in the past is good enough to convince the judge to reduce your bail to an affordable amount.
- Your crime is not serious. Although the bail schedules give a basis for bail depending on the type of crime you are charged with, the judge can adjust the amount based on the case's specifics. If there are no aggravating factors in your case, you can have your bail reduced.
- Releasing you is safe. Your attorney can argue that your release will not jeopardize the safety of other people. If there is evidence that you are not violent and have not been associated with a violent crime or threatened to harm someone else, the amount can be lowered.
Bail Reduction Motion
If the judge sets a high bail, your lawyer could file a written motion to seek a reduction. Such a motion could be based on statutory and constitutional factors. In California, all defendants have a right against high bail amounts. The 1984 Bail Reform Act restricts the amount of bail that must be set, given the seriousness of the crime.
However, you must understand that this chapter only protects defendants who appear in court for a bail hearing. If you seek a speedy bail release, the court can set bail to an amount they see fit. If you have committed a less serious offense with no injuries, your attorney can request a recognizance release in their bail reduction motion.
Bail Reduction After a Change in Case Circumstances
The courts can legally reduce your bail when the circumstances in your case change. Change of circumstances, also known as a good cause, is addressed under Penal Code 1289. A good cause, in this case, means that the factors around your charges and proceedings have improved for you.
For example, you could be charged with theft and trespassing when you are found on another person’s property attempting to take the property. However, most prosecutors will file multiple charges for an offense with the hope that one charge will stick or you suffer the maximum sentence.
If your attorney has evidence proving that you had permission to enter the building, the prosecution can drop your trespass charges leaving theft. This reduces the seriousness of your case and can warrant a bail reduction.
How Do I Benefit From Bail Reduction?
Having your bail reduced is the closest best thing to securing a recognizance release in California. The level of the financial strain caused by high bail amounts can take a toll on you and your family. A low bail amount means that some people will afford to pay it in cash or property equity.
When you post a bail bond, the El Segundo bail bondsman is likely to take your case when your bail is low. This is because the low bail may indicate a low flight risk which is a win for the surety company. Additionally, a lower bail translates to a lower bail bond premium.
Difference Between Secured and Unsecured Bail Bonds
A bail bond is an agreement between you and the El Segundo bail bonds service. The company offers you financial assistance and expert guidance for the bail process. In exchange, you pay a service fee that does not exceed 10% of the bail. There are two main types of bail bonds: secured and unsecured.
With an unsecured bail bond, the El Segundo bail bondsman will offer the financial assistance you need, and your only obligation is to pay the service fee and ensure a defendant doesn’t flee. When you enter an agreement for this type of bail bond, you will promise the bondsman of the defendant’s ability to adhere to bail conditions.
The unsecured bond is a risk for the bail bondsman since they cannot recover their money if it is lost in a forfeiture. For this reason, you can only qualify for the unsecured bail bond under the following circumstances:
- You have lived in the community for a while, and the community members or leaders can testify to your conduct.
- You have no history of skipping bail or missing court dates
- You have a good credit score and are involved in a minor crime that cannot prompt you to flee
- You are a first-time offender facing minor charges.
On the other hand, a secured bail bond is an agreement where the bondman mandates that you offer collateral to secure the bail bond. When the surety company holds onto the collateral, it can use it to recover its losses in case of forfeiture. With the secured bail bond, the risk of loss shifts from the bondsman to the co-signer. Skipping town means a co-signer will lose the collateral to the bail bonds service.
Consequences of Failing to Make Court Appearances After Bail
In California, you are expected to appear in court after securing a release on bail. Additionally, you must follow through with all conditions that the judge attaches to your release. Failure to appear, commonly known as skipping bail, will have serious consequences for all parties involved in the bail posting process:
The Defendant
The judge can issue a bench warrant when a criminal defendant skips bail. This sees them face an arrest and return to jail until the case ends. If you bailed yourself by presenting a cash bail amount, you would lose the entire amount after refusing to pay. Skipping a court date after a bail release violates a court order that enters your record.
Therefore, if you are arrested in the future, the court may increase or deny your bail based on this record. If the court allows you to remain out on bail even after the violation, the judge may impose harsher bail terms to discourage a repeat act of skipping bail.
The Bail Bonds Service
When a bail bondsman agrees to bail your loved one out, they will pay the entire bail to the court or promise to do so if you fail to honor the bail agreement. In cases where the defendant skips bail, the surety company will lose the money they used for bail. Additionally, they may incur more costs in employing bounty hunters to help locate you.
Bail Bond Co-signer
No one wants to watch their loved one or close friend sitting behind bars. You may be unable to resist the urge to bail them out. When you lack the full bail amount, you can contact a surety company to help you process their release. Seeking a bail bond for someone else means that you will act as a cosigner for the bail bond. A cosigner is responsible for the costs of the bond release and encourages the defendant to remain in the jurisdiction and go to trial.
Although co-signing the bond will keep your loved one out of incarceration, you could suffer significant losses after a forfeiture. First, the premium is non-refundable. Therefore, if your loved one ends up in jail, the premium you paid will not serve its purpose. Additionally, if you provide collateral to secure, you can lose the property or valuables after bail forfeiture.
Defending a Bail Bond Forfeiture in California Courts
Losing bail money can be challenging due to the high financial obligations that come with an arrest. Unlike for property and cash bonds, the court is reluctant to forfeit a bail bond. Instead, the judge gives time for the company that offered the bail bonds to find a defendant and surrender them to the court.
Not all instances of skipping bail or violation of terms are intentional. At the bail forfeiture hearing, you can defend against the forfeiture by offering reasonable explanations for your failure to appear:
- Sickness. If you were sick or admitted to the hospital on the scheduled court date, the court might not revoke your bail bond for failure to appear. However, you must have enough evidence to prove your sickness. This could include a letter from your doctor or other medical records. You must understand that voluntary intoxication or drug abuse is not acceptable evidence of skipping bail.
- Involuntary violation of a restraining order. In addition to skipping bail, the court can seek to forfeit your bail for violating bail conditions. One common bail condition, especially for domestic violence offenses, is the issuance of a restraining order. An attempt to contact or harm the alleged victim of your actions is a violation that could prompt the forfeiture. You could avoid losing the bail money if you prove that your contact with the victim was accidental.
- Defend and beat your criminal charges. When a judge allows you to be released on bail, you must avoid criminal activity through the bail release period. If you face an arrest and criminal charges, you will suffer the consequences of your crimes and the repercussions of bail forfeiture. If you can fight and avoid a conviction for the underlying offense, you will not be accused of basil violating and can avoid a forfeiture.
Responsibility of an El Segundo Bail Bondsman
Once you contact the bail bonds service, they will send one of their professionals to help you navigate the bail process. The bondsmen have the necessary training to deal with the courts and guide defendants toward a smooth bail process. Understanding the roles of your bondsman helps you know what to expect from the process, and they include:
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Assessing Your Qualifications for the Bond
While a bail bond allows all defendants a chance to be released on bail. The bail bond service will not offer their help to all defendants. Before you enter the bond agreement, the bondsman must perform a thorough investigation to ensure the best interests of everyone. When seeking a bond for someone else, you will qualify for the bail bond if the defendant is not a flight risk and has no history of delinquent behavior.
Additionally, you must exhibit responsible behavior. You can monitor the defendant and ensure they do not skip bail. Another factor that the bondsman will investigate about a co-signer is the capability to cover the costs that arise from a bail bond contract. You must have a good credit score and a stable income. This means you can pay a premium and provide collateral when needed.
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Fill Out Paperwork.
When you seek a bail bond, you will enter a contract. Therefore, numerous documents must be filled out before your loved one is released. Opting for a bail bond puts all the responsibility on the bondsman. Therefore, they must obtain paperwork and take you through the agreement.
If you offer collateral, the bondsman will process the documents of transferring property ownership to the surety company. Once the paperwork is complete, the court recognizes the bondsman as your representative.
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Take Responsibility for the Defendant
The work of a bondsman does not end when defendants go home on bail. They must ensure that the defendant understands the bail conditions and follows them. The court will hold the bondsman liable for any violation or failure to appear for trial. If the defendant slips away and flees jurisdiction on a bail bond, the surety company must find means to get them back.
If the defendant is not located using family and friend connections, the company results in employing bounty hunters. Most bounty hunters have a background in the military or law enforcement. Coupled with extra training, the bounty hunter can locate a defendant easily and save the surety company from losses associated with a forfeiture.
Jails around El Segundo, CA:
Redondo Beach Jail
Century Regional Detention Facility
Torrance City Jail
Law Courts in El Segundo, CA:
LitiCourt Corporation
222 N Pacific Coast Hwy Suite 200
Find an Expert Bail Bonds Service Near Me
Most people will contact their family and friends after an arrest. While learning that your loved one is in jail is devastating, you must pull yourself together and find a way to secure their release. Immediately after the arrest, the court will schedule a hearing and determine the amount needed for bail release. Therefore, after the call from your loved one, you will know the amount needed to buy their freedom.
Mostly, the bail amounts are very high in California. This makes it impossible for low-income defendants and families to secure a jail release. Bail bond companies are licensed to offer financial assistance and guidance to defendants for a quick release. At a 10% fee, you will have your loved one home in no time. At Bail Bonds Company, we understand the challenge you must face watching your loved one rot behind bars. Our El Segundo bail bondsmen will help you understand the bail bond process and post bail for your loved one. Call us at 323-579-1415.
