After an arrest in California, you are detained in jail, where you could remain awaiting trial. Fortunately, you can be released before your trial by posting bail. Bail is the amount of money paid to the court to secure a defendant's release pending trial. Bail assures the court that the defendant will return for trial and other court proceedings after their release.
The court sets your bail at the first court appearance. The judge will use the bail schedules and adjust the amount depending on the specific factors of your case. When your bail amount is set, you can pay it in cash, use property, or enlist bail bond services.
Due to the high bail amounts set by California courts, bail bonds are popular. Unlike cash bail, where the full bail amount is necessary to secure a release, you will only pay up to 10% of the total bail amount when you enlist the services of a bail bonds company. At Bail Bonds, we offer fast and reliable bail bond services to all our clients in Moorpark, CA.
Types of Bail in California
Bail assures the court of your return for court proceedings and trial with a pending criminal case after your release. There are several forms of bail release you can explore when the judge sets a bail amount for you:
Own Recognizance Release
You can negotiate your own recognizance release when you have no money to post bail in California. Being released on your own recognizance means that you will not make a monetary commitment to the court to secure your release. Instead, you must sign a note promising to return to court for all your scheduled proceedings and trial.
A request for your own recognizance release will be made during your bail hearing. You are eligible for this type of release unless:
- You are charged with a crime that is punishable by the death sentence.
- Your release could compromise the safety of other people in the community.
- The OR release would not reasonably guarantee your return to court for trial.
The judge will consider you for the OR release if you are a first-time offender or if the charges you face are for a less severe crime. Although the OR release does not involve posting bail, the court can impose the following conditions on your release:
- While out of jail on your own recognizance, the judge will order that you avoid traveling out of the jurisdiction where the case occurs by imposing travel restrictions. The requirement to surrender your passport and other travel documents to the court often enforces this condition.
- Depending on the circumstances of your case, the court may order home detention for you after a bail release. This could prevent you from fleeing to avoid the consequences of your actions.
- The court may order you to stay away from specific individuals while you are out on bail.
- If you secure your own recognizance (OR) release after a driving offense, the court can impose driving restrictions while you are out on bail.
Violating the bail conditions of your OR release could result in your arrest. After your arrest, the court can hold you without bail or mandate that you pay a specific bail amount before your release.
Cash Bail
The fastest way to secure a release from a pending criminal case is by posting a cash bail. Using this type of bail requires you to present the total amount to the court clerk before a defendant is released. Some of the benefits of posting a cash bail include:
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There are No Additional Costs
Although posting a cash bail requires you to present the total amount, you will recover your money after the case ends and the defendant follows all the bail conditions. With this type of bail, you will avoid extra costs like premium fees and interest charges.
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Privacy
Posting bail in cash is a private transaction that involves third parties. Therefore, you can present the money to the court, secure it, and keep your legal matters confidential.
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Fast release
Securing a fast release is the most significant benefit of posting bail in cash. This is because you will not need to go through a surety company.
With a cash bail, you will not have to go through a third party. However, the high bail amounts set by California courts make it challenging for some defendants and their families to afford cash bail. Another reason why cash bail is not a preferred option is the high possibility of losing the money presented as bail in a forfeiture.
A bail forfeiture occurs when a defendant violates bail conditions or does not show up for trial.
Property Bonds
Securing a bail release can be a hectic process for defendants who do not have the money to post cash bail. In California, you can secure a release through property bonds. This type of bond involves leveraging a property's value in exchange for a loved one’s release. Property accepted as a bond must be at least twice the bail amount.
State laws govern property bonds in California, and the court will provide rules on providing the value and ownership of the property you wish to present. The court will put a lien on your present property and can only lift it when the defendant appears for trial and the case ends.
Some of the requirements of property bonds you must meet to secure a release for your loved one include:
- Location of the property. When using a property as a bond, you must prove it is within the jurisdiction of the trial.
- Verify property ownership. You must prove legal ownership of the property you wish to present as a bond. This is done by producing the property deeds or transfer documents.
- Prove outstanding debt. The property accepted as a bond in California should not have any outstanding mortgages or liens attached.
- Sufficient equity. The court will accept your property bonds if the property you seek to present is at least twice the total bail amount. The court will conduct an independent valuation of the property. Additionally, your equity in the property must be significant.
- Consent from co-owners. If multiple individuals own the property presented to the court to secure a bail release, all the co-owners must consent to you using the property for bond.
The process of securing a release on a property bond in California takes the following steps:
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Eligibility Assessment
You must determine whether the property at hand meets the eligibility criteria for a property bond. This is done by ensuring that all the documents needed to prove ownership, value, and equity are present.
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Bond Application
You must present the documents to support your property bond application to the court. These documents could include property appraisals, title deeds, and the co-owners' consent signatures.
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Court Approval
The court will review your application and the supporting documents before drafting a property bond agreement. This agreement will outline the property bond conditions.
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Property Lien
After signing the property bond agreement, the court will put a lien on the property. This means that the court will have a legal claim to it.
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Bail Release
The defendant will be released from jail once the property lien is in place. However, the court will impose the conditions the defendant must follow while on bail.
When the court proceedings are completed and the defendant follows all the bail conditions, the court will lift the lien on your property. Using a property bond to secure a release for a loved one eliminates the financial burden of paying cash bail. Additionally, you can avoid third-party contracts for bail bonds.
Bail Bonds
A bail bond is an agreement between a surety company, a defendant, and the court. The surety company provides the amount needed to secure a release under this agreement. The defendant or their co-signer will be responsible for up to 10% of the total bail amount, which will be the bail bond service fee.
The bail bond process begins when you learn of your loved one's arrest. You can contact a surety company for assistance if you do not have the money to post a cash bail. You can seek a referral from your criminal defense attorney or your family and friends. When you contact a Moorpark bail bonds company for help posting your bail, the company will send a bail bondsman to walk you through the release process.
The role of a Moorpark bail bondsman in your case will include:
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Investigate your Eligibility for a Bail Bond
Not all individuals facing criminal charges in California will qualify for a bail bond. The first role of your Moorpark bail bondsman is to investigate your eligibility for the bond. This is done by checking the defendant’s flight risk and the co-signers ability to pay for the bail bond services.
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Processing the Paperwork
A bail bond is a legal agreement that involves a lot of paperwork. Your bail bondsman will be responsible for filing, completing the paperwork, and explaining the bail bond legalities to you and the defendant.
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Posts Bail
After entering the bail bond agreement, your Moorpark bail bondsman will go to court and present bail money, allowing your loved one to be released with a pending criminal case.
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Ensuring the Defendant Appears for Trial
The role of the surety company in your loved one's case does not end after the release. Instead, the bail bondsman must monitor the defendant’s progress while on bail. They will provide your loved one with the guidance they need to follow through with all the bail conditions.
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Arrest the Defendant
If your loved one flees after a release on a bail bond, the bail bondsman will be responsible for ensuring they are back in court. Failure to do this could result in the loss of bail money in a forfeiture. The bail bondsman can enlist the services of a bounty hunter, who can legally arrest the defendant and take them back to court.
As a fee for the bail bond services, you will be responsible for up to 10% of the total bail amount. While the service fee is only a portion of the bail, it may be too high to raise in a single installment. Fortunately, your Moorpark bail bonds company can allow you to enter a bail bond repayment plan.
With this agreement, you can pay a part of the premium fee and cover the balance in affordable installments. Your chances of entering the repayment plan will be higher if you raise a substantial portion of the premium.
Bail Bond Co-signer
A bail bond co-signer takes financial responsibility for a defendant seeking a bail bond release. When a person faces an arrest and criminal charges, they may lack the opportunity to contact a surety company for assistance. Watching your loved one sit behind bars can be a traumatizing experience. Therefore, you may feel compelled to seek bail bond services for them, making you their co-signer.
Some of the basic requirements for becoming a bail bond co-signer in California include:
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Financial stability
A bail bond co-signer is responsible for paying all the costs associated with the bail bond. These costs include the bail bond premium and collateral. Therefore, the surety company requires you to have a steady income before allowing you to co-sign the bail bond. The bail bonds company verifies your financial status by requesting that you present your paychecks, payment history, and credit cards.
- A bail bond co-signer must be reliable. The co-signer must sign and follow through with the bail bond agreement. Individuals with a bad financial history or criminal record cannot co-sign the bail bond.
- You can cosign a bail bond for a family member or friend. However, bail bondsmen prefer co-signers with close relationships with the defendant.
- You must have a good credit score to cosign a bail bond. A good credit score convinces the company of your financial commitment to the bail bond agreement.
As a bail bond co-signer, you will be responsible for paying the bail bond premium. Additionally, you may be required to provide collateral for the bail bond. Additionally, if the defendant flees and the bail bondsman uses a bounty hunter to arrest them, the co-signer must cater for the bounty hunting fees.
While you take up all the responsibilities of a co-signer, you have rights that enable you to make the right decisions and play your role effectively, and they include the following:
- The right to receive all the information regarding the defendant and their case. Being notified of the defendant’s crime and the nature of their charges can help you determine whether or not you will co-sign a bail bond for them.
- Right to recover collateral when the case ends. When the criminal case ends, the surety company will collect the amount they paid for your loved one's bond from the court. This will be possible when the defendant appears in court for all the proceedings and the case ends. In this case, you will be entitled to recover the property or item you presented as bail bond collateral.
- Right to withdraw from the role of a co-signer. Co-signing a bail bond for a loved one or friend means that you will be financially responsible for the bail bond. Therefore, if the defendant fails to return to court for their trial or other court proceedings, you could lose the collateral and shoulder the financial burden of paying the bounty hunting fee. For this reason, you have the right to withdraw from the bail bond agreement if you suspect the defendant could skip bail.
- Right not to be arrested for the defendant’s actions. If a criminal defendant fails to appear for trial after a bail bond release, the surety company can hire a bounty hunter to arrest them and return them to jail. However, a co-signer cannot be arrested when the defendant flees.
An arrest in Moorpark, CA, will result in detention at these facilities:
Ventura County Sheriff's Department
610 Spring Rd.
Moorpark, CA 93021
Ventura County Jail
2101 E. Olsen Rd.
Thousand Oaks, CA 91360
Courts serving Moorpark, CA, include:
Ventura County Government Center, Hall of Justice
800 S Victoria Ave.
Ventura, CA 93009
Find an Experienced Moorpark Bail Bondsman Near Me
If you are arrested for committing a crime in California, you can secure a release before your trial by posting bail. The bail money is paid to the court in cash, property, or a bail bond before a defendant is released. Being released with a pending trial saves you from spending unnecessary time behind bars. Additionally, you can avoid the stigma of being incarcerated.
While many options exist for securing a bail release, many defendants and their families prefer bail bonds. A surety company provides a bail bond, a faster and cheaper way to secure your loved one's release. With this type of bail, you will pay the premium, a fraction of the total bail amount. Your bail bond agent will also guide the defendant to ensure they follow all the bail bond conditions.
Hiring a reliable bail bonds company could significantly impact your bail posting experience in Moorpark, CA. At Bail Bonds, we will offer the financial assistance and guidance you need to secure your loved one's release from jail. Contact us at 323-579-1415 to discuss your bail needs.
