The California bail system is in place to ensure defendants can stay out of jail and attend court sessions from home. For this reason, most people facing federal or state criminal charges in La Habra are entitled to release on bail. Even better, bail bond companies have made the process of posting bail more straightforward and cost-effective.
If you or your loved one has been arrested, you can reach out to a bonds company to post bail for you, and you/they’ll walk of jail within just a short period. At Bail Bonds, we go further to offer easy and convenient payment plans and options to make this process as stress-free as possible. Our services are also professional and confidential. Contact us as soon as you are arrested, and our agents will do everything they can to help you.
The Arrest
When you’re arrested in La Habra, the police will take you to a local jail or detention facility for booking. It could be La Habra jail or any other nearest police station. While there, you’ll be booked. Essentially, the booking process entails background check, fingerprinting, checking for outstanding warrants, recording your name, address, and contact information, and feeding your details into the computer system. The booking process takes around one hour or even less if the jail is not crowded. Otherwise, it could take several hours.
After booking, bail is set. Bail is the amount of money or property you post with the court to secure your release from jail or holding facility.
Bail is set at a value meant to warrant that you’ll attend court after you’ve been set free. Making bail is equivalent to depositing security— provided you attend court when needed, the bail money will be given back. And if you don’t, the court will keep the money.
The decision of whether or not to release you on bail lies with the judge. They have several options— release you on your own recognizance (OR release), refuse to grant bail, or set bail. OR release is whereby you won’t post any bail. Instead, you will just sign a written citation promising that you will come to court when required. If the judge declines to set a bail amount, you may have to remain in custody until the court resolves your case.
Criminal offenses that may make a judge deny bail in La Habra are those that can be punished by death, such as capital murder. Also, if you committed a felony offense and the facts are clear, or expectations are strong that you threatened the victim with significant bodily injury, and there’s a high chance that if you were released, you would fulfill your threat, the judge may deny bail. Felony cases that involve violent acts against the victim or felony sexual assault when clear, convincing proof suggests there’s a significant chance your release would lead to substantial bodily injury to other people may also trigger a bail denial.
A critical point worth noting is that recent California laws provide that it’s unconstitutional for the judge to deny you bail simply because you can’t afford it. There has to be clear, convincing evidence that bail denial is necessary for public safety. Therefore, before setting bail, a judge must consider the defendant’s capability to pay. So even if you cannot afford bail, you must be set free unless you’re considered too dangerous to be free awaiting trial or have committed any of the crimes we mentioned above.
When denying, setting, or reducing a bail amount, the judge has to take various factors into account, including:
- Flight risk
- Your prior criminal record
- The severeness of your offense
- The danger you pose to the public.
- Whether you have any past failures to appear
How the Judge Decides on the Amount of Bail
Every California county has its bail schedule, which judges could use to set bail amounts. La Habra judges use the Orange County bail schedule. The judge may impose the same amount indicated on the bail schedule or set it at a lower or higher level based on the circumstances we have mentioned above. Recommendations by counsel or law enforcement can trigger a bail hearing where your lawyer can argue for a lower bail amount or an O.R release.
Ways to Post Bail
Bail in La Habra can be posted in three ways:
- You, your friend, or your family can pay cash or write a check for the total bail amount you are required to pay. This form of posting bail is known as cash bail. It’s the quickest and most straightforward, but the bail value is usually so high that most people don’t have that kind of money readily available in cash to pay. Thus, cash bail is not commonly sought.
- You can put up property to secure your release. This is known as a property bond. Here, you give the court a lien on your property for the bail amount. If you don’t show up in court, the court can initiate foreclosure proceedings on the property to satisfy the lien. The process of putting up a property for a bond is time-consuming. Therefore, this form of posting bail is also rarely sought.
- You can reach out to a La Habra bail bonds company and request it to post a bail bond for you, also known as a surety bond. This is the most commonly sought way of posting bail. It is cheap and quick.
How a Bail Bond Works
When the bail amount is so high that you or your friends or family can’t afford it, you can contact a bail bonds company to help you secure your release from jail. Before the company agrees to post bail for you, it’ll require you or your co-signer to pay a premium, usually 10 percent of the whole bail value, and agree to pay the full bail amount if you fail to attend court. The 10% premium is non-refundable even if your case is dropped or you make all of your court appearances. Some companies may also require you to give them collateral.
Essentially the bail agent is guaranteeing to pay the bail amount if you fail to attend court. If you fail to attend court as required, the bail agent will lose to the court the money they posted for you as bail. If this happens, the agent will come after you or your co-signer to recover the money. And if you gave collateral, the company might sell it to recover its money. Collateral could be anything of value, including a car, house, jewelry, or a business.
The Process to Acquire a Bail Bond
Once the judge has set bail, your co-signer calls a bail bonds agency for assistance. The bail bond agent will need them to provide basic info about your situation, such as where you are being held, how long you’ve been there, what you’re being charged with, and whether you’re employed. They’ll also be required to answer other standard questions. This information can be provided in person or over the phone. After the information has been provided, the agent will evaluate the risk involved with the bond then draft a contract.
Your co-signer will then be required to sign the contract and pay the premium. Once the bond paperwork is finalized, the agent will come to meet you where you’re being held to post the bond amount then you’ll be released.
Once you post bail with the jail facility where you’re held, you’ll be released from custody. If you make all the court appearances as scheduled until your case is resolved, the bail money will be given back to whoever posted the bail. However, if you don’t appear or flee the jurisdiction, the court will keep the bail money and issue a bench warrant for your arrest.
Some La Habra bond agencies issue federal bonds and bonds on appeal. The criterion used to decide whether or not to grant a defendant’s release on bail is similar for appellate, federal, or state court cases. However, the procedures for every venue vary significantly. The premium for federal bonds is usually 15 percent of the total bail amount, while the premium for appeal bonds is usually 20 percent of the entire bail value.
How Federal Bail Is Set
Federal court judges don’t refer to bail schedules when setting bail as bail state judges do. Instead, a Pretrial Services Officer interviews you and investigates your criminal history, financial background, family, employment, and community ties, then makes bail recommendations to the judge. The U.S attorney also makes their recommendations. After that, the judge will then determine the amount of money you can pay as bail. If you’re deemed a threat to public safety or a flight risk, the judge will highly likely deny bail.
What’s an Appearance Bond?
In a federal court, you post an appearance bond for your release as a way to secure your showing up in court when required. The court orders this bond, and it can either be unsecured or secured. A secured bond can be partially or entirely secured with various items, including collateral (deeds to bonds, stock notes, automobiles, and others), property, bail bonds, or cash. If the bond is unsecured, you and your co-signer, if any, have to consent in writing to pay the whole bond amount if you fail to show up in court as required.
Bond on Appeal
It’s possible to remain out of incarceration while you’ve appealed your conviction. The judge may grant you bail after you’ve been convicted (bond on appeal), provided the conviction isn’t for a crime punished by death. More like being set free on bail in your original criminal court proceedings, posting a bond on appeal allows you to remain out of custody while the judge decides on your appeal.
In many cases, the appellate court judge will weigh different factors when determining what amount of bail to impose, including:
- Danger to the victim and other people.
- Flight risk.
- Whether your appeal will lead to a reversal.
- Whether you’re filing your appeal for delay purposes.
If you fail to show up in court or surrender to the authorities if the judge denies your appeal, the court will keep the bail amount. Both the appellate and trial courts have the discretion to grant a bond on appeal.
What You Should Avoid When Dealing With Bail Bond Companies
It’s critical to know that, like any industry, we have various bail bond agencies to avoid. Unluckily, some bail agents are interested only in having your cash and might not serve your interests. Not only may these practices be deceptive, but they may also be illegally operating. Always ensure any bail bondsman you’re dealing with is licensed. You may check whether an agent is licensed through the California Department of Insurance.
Beware of agents waiting at detention facilities or jails or the ones who solicit your friends and family. You want to hire a bond agency that someone else has referred to you. Retaining a lawyer before hiring a bail agent will often ensure you’re dealing with a legitimate company, which will save you a lot of money.
Ensure you understand what’s in the contract you/your co-signer is signing. It should be a straightforward document that clearly discloses the amount of money you should pay to the agent. There shouldn’t be hidden or additional charges that arise later. If you’re not sure about something you’re signing, ask the bondsman. Clear, open communication is key for a successful relationship.
Knowing what to look out for will help you avoid the risks of a shady bond company. Remember, you always have the right to walk away.
Jail Information
La Habra Jail
Phone No.: 562-383-4300
Theo Lacy Facility
Orange, CA 92868, United States
Phone No.: 714-935-6940
Orange County Central Men’s Jail
Santa Ana, CA 92703, United States
Phone No.: 714-647-4666
Court Information
North Justice Center
Fullerton, CA 92832, United States
Phone No.: 657-622-5600
Find Reputable La Habra Bail Bond Services Near Me
Bailing yourself or your loved one out of custody in La Habra can be expensive and complicated. Hiring a bonds company to post bail on your behalf is in your best interest— the company will only require you to pay a small amount of money then post the whole bail amount for you. You’ll also be able to secure your release within just a short period. At Bail Bonds, we’re available 24/7 to attend to you. Our expert bail bond agents are ready to answer any questions you have and will be with you, helping you every step of the way. Contact us at 323-579-1415 to start the process.
