If you or your loved one has just been arrested, you will definitely want to be released as soon as possible. However, the process of posting bail can be challenging. This is because bail amounts may be too expensive, and you may require extensive documentation.
This is where we come in. At Bail Bonds, we can help you post bail so that you can have your freedom as quickly as possible. Our team is dedicated to helping you successfully navigate the bail process and secure your freedom. Contact us today for a free consultation with one of our Port Hueneme bail bondsmen.
What are Bail Bonds?
If you have been arrested, the court may grant you bail. Bail is an amount the judge sets, which the defendant must pay as a guarantee to the court that they will attend all court sessions.
Once the defendant posts bail, they are released from custody. Defendants who fail to pay bail remain in custody until their cases are concluded.
In most cases, the bail amount required is high. As a result, most defendants cannot afford to pay the entire bail amount. This is where a bail bonds company can help. A bail bond is a financial agreement between a bail bond company, a court, and a suspect.
Instead of posting the full bail amount upfront, you can work with a bail bonds company to secure your freedom. You will only be required to pay a percentage of the total bail amount. In most cases, this percentage is ten percent, and it is non-refundable. Once you have paid the ten-percent premium, the bail bonds company will guarantee the court that you will attend all scheduled court sessions.
Types of Bail Bonds
There are several types of bail bonds in California. One such type is a surety bail bond. A surety bond is a financial guarantee made by a surety company that a defendant will appear in court for criminal proceedings. Here, the surety company will pay the bail amount on behalf of the defendant.
Property bonds involve using real estate or other valuable property as collateral to secure the defendant’s release from jail. Here, the value of the property must exceed the bail amount. If the defendant fails to appear in court as required, the court may place a lien on the property used as collateral. This allows the court to seize and sell the property to punish the defendant for failing to attend court sessions.
In cases where a defendant has been convicted and is appealing their conviction or sentence, they may be eligible for appeal bail bonds. This type of bail bond allows the defendant to remain out of custody while the appeal is pending.
If the defendant can afford the entire bail amount, they can post it directly at the courthouse. Once the court case is concluded, the court will refund the bail to the defendant. However, the court will deduct any money the defendant may be liable for, such as court fees and fines.
What Happens After an Arrest?
After you have been arrested, the arresting police officer will take you to the nearest police station, where you will be booked. Typically, a law enforcement officer will record your personal details, such as your name, gender, age, and contact information.
Always remain calm and composed, even when the law enforcement officer interrogates you. You have the right to remain silent to protect yourself from self-incrimination. If the law enforcement officer persists in questioning you, you should request an attorney.
The law enforcement officer will also take your fingerprints and mugshots. Moreover, they will conduct a search to find out whether you have any other outstanding warrants.
After you have been booked, you will be taken to jail. You should be presented in court within 24 hours after your arrest.
You have the right to make at least three phone calls after an arrest. Use this opportunity to contact a trusted friend, family member, or attorney. Ensure you inform them of your situation and how best they can assist you.
The first court hearing is usually referred to as “the arraignment.” During the arraignment, your charges will be formally read out to you. Then, you will be asked to take a plea.
Basically, there are three types of pleas you can take:
- Guilty plea— By entering a guilty plea, the defendant admits to committing the offense charged. Often, once you take a guilty plea, the judge will inform you of the next court date when you will receive your punishment.
- Not guilty plea— A not guilty plea means that the defendant denies the charges against them and asserts their innocence. This plea usually results in the case proceeding to trial, where the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
- Nolo contendere (no contest) — This is a plea where the defendant neither admits nor denies the charges but agrees to accept punishment as if they were guilty. This plea is often used as an alternative to a guilty plea in cases where civil liability may be associated with admitting guilt.
Once you have taken a plea, you or your attorney can request a bail hearing. During the bail hearing, the judge will set the bail amount.
What Happens During the Bail Hearing?
In a bail hearing, the judge will determine whether or not you are eligible for bail. Moreover, as earlier stated, the judge will determine your bail amount.
In some cases, depending on the circumstances of your case, the prosecutor may argue that you should not be released on bail. In that case, your defense lawyer should present suitable counter-arguments in favor of your eligibility for bail.
In deciding whether or not to grant bail, the judge will consider the following factors:
- The severity of the criminal offense you have been accused of
- Your criminal history.
- Your ties to the community.
- Whether you are a flight risk.
- Whether you pose any danger to the general public.
- Your likelihood of tampering with evidence.
- Your likelihood of obstructing witnesses from giving their testimony.
After considering these factors and the arguments raised by both the prosecutor and your defense lawyer, the judge will decide whether you are eligible for bail. If you are eligible, the judge will inform you of the bail amount you must post to secure your release.
Sometimes, the judge may impose certain conditions you must adhere to once you are released, which may include the following:
- Surrendering your passport.
- Being subjected to electronic monitoring.
- Being subjected to regular check-ins by law enforcement.
- Staying away from certain individuals or locations.
What Happens If You Are Not Eligible for Bail?
Unfortunately, if the judge considers you ineligible for bail, you will be remanded in custody until your case is concluded or until the court determines otherwise. This means that you will not be able to secure your freedom.
However, you have the right to appeal the decision. Your criminal defense lawyer can help you do so.
Appealing the Bail Decision
If you or your attorney believe that the court's bail decision is unfair, you have the option to appeal. Common grounds for appeal may include errors in legal procedure, misapplication of the law, or new evidence or circumstances that were not considered during the initial bail hearing.
To initiate the appeal process, you must file a notice of appeal at a superior court. This notice formally notifies the court of your intention to appeal the bail decision.
You will also be required to prepare an appellate brief outlining the legal arguments and supporting evidence for the appeal. On the other hand, the prosecution may file a response brief presenting counter-arguments opposing the appeal. The court will consider both these documents when reviewing the appeal. Sometimes, the court may invite you and the prosecutor to present your case orally.
Once the court reviews the appeal, it will issue a written decision either affirming, reversing, or modifying the bail decision made by the lower court. If the outcome is favorable, you will be allowed to post bail. On the other hand, if the outcome is unfavorable, you can apply for a review of the decision by a higher court.
What is the Meaning of Being Released on Your Own Recognizance?
Being released on your own recognizance (OR) means the defendant is released from custody pending trial without having to post bail. Instead, the defendant is released based on their promise to appear in court for all scheduled hearings and to comply with any conditions set by the court.
When defendants are released on their own recognizance, they are trusted to fulfill their legal obligations without financial security. This type of release is typically granted to individuals considered to be low-flight risks and who do not pose any danger to the community.
What is a Citation Release?
A citation release is a process by which a law enforcement officer issues a citation to an individual accused of a minor offense instead of taking them into custody and booking them into jail. When someone is cited, they are essentially being issued a summons to appear in court at a later date to address the charges against them. The citation typically includes details about the alleged offense, the date and time of the court appearance, and any other relevant information.
Citation releases are commonly used for minor infractions or misdemeanors, such as traffic violations, minor drug offenses, or low-level property crimes. They allow law enforcement officers to handle certain cases quickly and efficiently without the need for booking and detention.
Upon receiving a citation, the individual is not immediately taken into custody. Instead, they are released from the scene with the understanding that they must appear in court as instructed. If they fail to attend court, a warrant of arrest will be issued against them.
How to Post Bail
Once the judge determines your bail amount, you will need to gather the necessary funds or collateral. This might involve gathering cash, using a credit card, or providing collateral such as real estate or a motor vehicle.
If you cannot pay the full bail amount upfront, consider contacting a reputable Port Hueneme bail bonds company. As explained earlier, the company will charge a non-refundable fee, typically around ten percent of the total bail amount, in exchange for posting bail on behalf of the defendant. You will need to provide information about the defendant, including their full name, date of birth, and when and where they were arrested.
Whether posting bail yourself or through a Port Hueneme bail bonds company, you will need to complete the necessary paperwork. This may include signing a bail bonds agreement or providing documentation related to the collateral. If posting cash bail, submit the full amount to the court. If using a bail bonds company, pay the premium fee and provide any required collateral or information.
The defendant will be released from custody once bail has been posted and all necessary paperwork is completed. Sometimes, the release may not be finalized immediately, so be patient.
How a Port Hueneme Bail Bonds Company Can Help You
A Port Hueneme bail bonds company can provide valuable assistance throughout the bail process. A bail bonds company can help you understand the bail process, including the requirements and obligations. They can explain the different types of bail bonds available and help you determine the most suitable option for your specific situation.
Additionally, if you cannot afford the full bail amount set by the court, a bail bonds service can post bail on your behalf for a fraction of the total amount. This allows you to secure your release from custody without paying the full bail upfront.
Moreover, a Port Hueneme bail bondsman can guide you through the paperwork and documentation required to secure the bail bond. They will ensure that all the necessary forms are completed accurately and submitted to the appropriate authorities in a timely manner.
Generally, a bail bondsman can provide invaluable support and assistance during a stressful and confusing time. By working with a reputable bail bonds company, you can confidently navigate the bail process and ensure your rights are protected.
What Happens If You Fail to Attend Court After Posting Bail?
Serious consequences can follow if you fail to attend court after posting bail. One of the immediate consequences is the forfeiture of the bail money or collateral posted to secure your release. This means the court will keep the bail amount paid or seize the collateral provided.
The judge may also issue a warrant for your arrest. This authorizes law enforcement to apprehend you and bring you before the court so that you can explain why you failed to attend court sessions. If you fail to provide a satisfactory explanation, you may be remanded to custody until your case is concluded.
Note that your failure to attend court sessions can negatively impact future legal proceedings associated with your case, such as sentencing hearings and plea negotiations. It may also undermine your overall credibility with the court.
If you flee the court's jurisdiction, for instance, by traveling to another state or country, the court may issue an extradition warrant. This warrant authorizes law enforcement in other jurisdictions to arrest you and return you to face the charges.
Port Hueneme Jail and Courthouse Information
The Port Hueneme Jail is a local detention facility operated by the Ventura County Sheriff’s Office. It is a relatively smaller facility compared to larger county jails.
This jail houses individuals who have been arrested for a variety of offenses, ranging from misdemeanors to more serious felonies. The detainee population may include individuals awaiting trial, serving short-term sentences for minor crimes, or awaiting transfer to other facilities.
It is located at 250 North Ventura Road, Port Hueneme, CA, 93041. You can also call the jail directly at 805-986-6530. The facility's visiting hours are 9.00 am - 6.00 pm every day.
If you are arrested in Port Hueneme, you will most likely be arraigned at the Ventura County Superior Court. This court serves as the primary judicial facility in Ventura County. It houses multiple courtrooms, jury assembly rooms, and other administrative facilities.
This courthouse is located at Ventura Hall of Justice, 800 South Victoria Avenue, Ventura, CA 93009. You can also call the court directly at 805-289-8900.
Find a Port Hueneme Bail Bonds Company Near Me
It can be challenging to post bail, especially if you cannot afford the bail amount or do not understand the required processes and documentation. However, a bail bonds company can guide you through every step of the way.
If you or a loved one cannot afford the court-determined bail amount, contact a Port Hueneme bail bonds company. At Bails Bonds, our experienced team is available 24/7 to provide support and guidance every step of the way. Call us at 323-579-1415 to learn how we can assist you in walking out of jail after your arrest in Port Hueneme.
