Getting a call from a relative or friend telling you that they have been detained can be scary. However, you need to act promptly and accord them the support and help they require. Working with a bondsman is one of the surefire ways to get help, especially when facing economic challenges. Bail Bonds works with defendants throughout Buena Park, and we can stand with you throughout this process. We offer bonds for numerous criminal charges, including driving under the influence, robberies, assault, and domestic violence.
What Is Bail?
Bail is how the criminal justice system allows the release of defendants from police custody while ensuring their appearance at every required court hearing.
When you are arrested in Buena Park on probable cause for committing a crime, the police will take you to a law enforcement station for booking. The booking process involves a background check, warrants checks, fingerprints, and being entered into the computer system. The police will search you for weapons and keep your personal belongings like credit cards, money, and cell phones.
Next, the police will take you into a cell. The cell might have a payphone to use. While some jurisdictions permit phone calls before the suspect is brought to the cell, others provide phone access when convenient for the law enforcer.
Bail Hearing
Typically, a bail hearing occurs within forty-eight hours following the arrest. During the hearing, the judge will:
- set your bail amount,
- advise you of your constitutional rights,
- and tell you of the criminal charges against you.
The court's main concerns when setting your bail amount include:
- Whether you will appear in future court proceedings if arrested
- Whether you are a threat to the community
- Your likelihood of committing additional crimes
- The nature and seriousness of your alleged crime
- Your criminal record
The law allows the judge to either reduce the bail amount or eliminate it by releasing the defendant on their own recognizance.
Lowering Bail
The judge has the discretion to set, eliminate, or modify the entire bail amount.
If prosecuted with a serious felony or a violent felony, the judge can't lower the bail amount below the amount on the bail schedule unless they find a good cause or unusual circumstances. Please note that good cause or unusual circumstances don't take in the following facts:
- You attended all your previous court hearings
- You did not violate another law
- There exists a change in circumstances proved by new proof
A change in circumstances means an alteration in your situation, proceedings, and case circumstances.
If you have not posted your bail, you have a right to a bail review within five days from the date the bail is set.
If a suspect is accused of:
- a violent felony,
- a serious felony,
- some domestic violence crimes, or
- breaking protective orders,
the law requires them to give the prosecution a two-day notice of their plan to request bail reduction. It provides the prosecution with the chance to oppose the issue.
Raising the Bail Amount
The judge can also raise your bail amount. The judge can raise the amount beyond your ability to pay, provided they don't abuse the discretion.
If you are seeking bail reduction, the prosecution can raise information that the judge does not know, like parole violation. Therefore, if you're on parole or probation, it is wise to post your bail without initiating any hearing. If you get released before the court finds out, the probation officer or parole officer will let you remain free pending your criminal case outcome.
While you might not require a criminal defense lawyer during your bail hearing, legal counsel can be instrumental. The attorney will discuss your bail factors and prove to the court that you have community ties like a place to live in, loved ones to support you, and stable employment history. Sometimes they can try to have your bail amount lowered. It can be recommending bail conditions, such as:
- Not interfering with witnesses or investigations
- Surrendering your passport and driver's license
- Refraining from meeting with specific people or going to certain areas
- Avoid violating another law
If the judge denies you the request for a bond, you can request another bond hearing or appeal the bond decision.
If released, ensure that you do not violate the conditions of your release. Otherwise, the court will forfeit your entire bail amount and rearrest you.
Own Recognizance Release
The judge can also choose to release the defendant on their own recognizance in place of posting bail. Provided the suspect isn't prosecuted with a crime that attracts death as a penalty, the accused has a right to O.R. unless the release:
- Won't guarantee their future court appearance
- Will compromise their safety or that of their community
Options of Posting Bail
If the judge finds no reason to deny bail, they will set your bail amount. You can pay the bail using any of the methods below:
Cash Bail
In this case, you must post the entire bail amount via cash, money order, cashier's check, or credit card.
Generally, the judge uses this option if they believe the defendant is a flight risk or poses a threat to the community. If the accused skips bail, the judge will forfeit bail and issue a warrant to arrest. Nonetheless, if the accused adheres to the bail terms, the bail will be refunded once the criminal case is closed.
Property Bond
Property bond involves using your possessions like a house, motor vehicle, stocks, bonds, and jewelry to secure your release. The court places a lien on your asset. Jumping bail permits the court to possess the property and force you to forfeit ownership to recover the bail cost.
Using Buena Park Bail Bonds
These bonds are used when the accused cannot afford the set bail amount. Usually, a loved one will contact a bondsman by phone. During the initial phone consultation, the bail bond agent will gather basic information to assess the risk involved in the bond. Some of the details you should provide the bondsman include:
- How long the defendant has been in police custody
- The alleged criminal charges
- The defendant's name, address, date of birth, and employment history
- Where the accused is detained
If you choose to buy the bail bond, you should sign a bail bond application, receipt, and bail indemnity agreement.
After finalizing the paperwork, your bondsman will post the bail amount at the appropriate jail or detention facility, leading to the release. The duration between contacting the bonding company and posting bail can range between one and two hours. Please note that the agency cannot start the bonding process until your arrest, booking, and processing procedures are done.
To obtain the bondsman's services, you should pay a non-refundable premium (usually ten percent of your total bail amount). Seasoned Buena Park bail agencies offer flexible payment options and plans that meet different clients' needs.
Involving your family and collateral assures your bondsman that you will attend your scheduled court dates and comply with bail conditions.
Release from Detention
Your release process can be likened to your booking process in reverse. Irrespective of your release option, the law enforcer should update the computer system, the police bring you from the cell, and return your personal belongings.
Generally, you cannot determine the timing accurately since it depends on factors like:
- How busy the jail is
- How many people are waiting?
- Your number in the line
- The time of the day
- The number of available employees at the jail at the time
Items You Can Use as Collateral
Your Buena Park bondsman will require collateral should you fail to meet your bail terms. After all, the agency has loaned you money. If you jump bail, the agency will sell the asset to recover the loss incurred.
Common assets you can use include:
- Real property — You should own land and home provided as collateral to obtain Buena Park bail bonds. In other words, collateral can't have any other lien against them. If your house is a rental asset, you can continue collecting rent while the bondsman holds the deeds. While the real property does not require to belong to you, your cosigner should understand that if you fail to meet your obligations, the company will seize the asset.
- Vehicles — You can use cars, boats, R.V.s, trucks, or planes. Some vehicles might require to be secured in a hanger or yard until your criminal case is closed.
- Stocks and bonds — Accounts used as collateral are locked, and you cannot withdraw the money until your criminal case closes and the agency releases the collateral.
- Other valuables — Agencies can also accept tools, electronics, business inventory, equipment, valuable collectibles, and jewelry to function as collateral.
Benefits of Bail Bonds
Following your arrest, you might be wondering what the benefits of posting bail bonds are. The section below discusses why you should post bail.
It is Safer than Jail
Police custody and jails aren't the safest spaces to be. They are filled with different types of people, including violent persons and gang members. The faster you are released, the less interaction you will have with them.
It is Confidential
The longer you remain detained, the more apparent your absence will be. A Buena Park bail bond can help secure a release faster before people, including our employer, realize you are away.
You Can Take Care of Your Responsibilities
The time you spend in jail can put a strain on your family. Since you are not around, the rest of your family members have to pick up the slack, particularly if you have young children or a large family. However, you can resume work and continue providing for your loved ones, minimizing your stress if you're released.
You Could Return to Work and Continue Making Money
Not all employers forgive when employees miss work following an arrest. Posting bail promptly allows you to continue working and keep your employment. Additionally, bail, attorney's fees, and the penalties the court might subject to you are not pocket-friendly. An arrest does not necessarily mean that you will become broke. However, remaining in custody can result in financial challenges if you can foot your bills and legal fees.
You Can Prepare for the Court Hearing and Build Your Legal Defense
It can be difficult to find and work with a criminal defense lawyer from detention. Moreover, it can be harder to communicate with witnesses and collect evidence.
You Can Go On With Your Life
Following your release, you can move on with your daily routine. You can return to work, see your loved ones as often as you want, continue living in your home, and focus on things you enjoy. Nevertheless, depending on bail conditions, you might not be able to travel outside California or the county. You might even to required to submit to random drug screenings.
Frequently Asked Questions
Discussed below are a few questions that the skilled team at Bail Bonds has previously answered repeatedly. If you have a question that the list below does not address, don't hesitate to contact us.
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What Happens if You Get Rearrested While Out on Buena Park Bail Bonds?
If the accused is rearrested, their bond will be surrendered and their liability terminated. If you decide to get them re-released on bail, you have to pay the bondsman another premium.
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What Happens If the Judge Thinks the Money You Used to Pay Your Bail Originated from Criminal Conduct?
If the prosecution brings a sworn declaration showing probable cause that your cash bail was feloniously acquired, the judge might stay your release. If there is probable cause, you prove by a preponderance of the evidence that you legally obtained the money.
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Do Bail Bond Continue Eternally?
Once your bail has served its purpose, the surety is exonerated. Typically, exoneration happens when the case is terminated or you are returned to custody.
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What Happens If You Are Sentenced to Probation?
A person who is found guilty and placed on probation is released from detention, and their bail bond should be exonerated as a matter of law.
Jail and Police Department Information
Buena Park Police Department
Phone: (714) 562-3901
Buena Park Jail
Phone: (714) 647-4666
Fullerton Court
North Justice Center- The Superior Court of California
Phone: 657-622-5600
Visiting hours at the Buena Park Jail facility is between 9:00 am to 10:45 am daily. Only one visitor should visit the defendant daily, and the visitor should have a government-issued identity card. Exemptions to the visitor might be the bondsman, clergy, physician, or defense lawyer.
Contact an Bail Bondsman Near Me
No one wants to spend time behind bars. If you have been arrested in Buena Park, you should seek the help of a reliable bondsman, particularly if you cannot raise the required bail amount. Bail Bonds has the knowledge, skills, experience, and training to efficiently assist you in getting through this challenging situation. We offer different types of bail bonds at pocket-friendly rates. To schedule your no-obligation initial consultation or learn more, contact us at 323-579-1415. We can help you understand your options and can get started in the bailing out process immediately.
