The last place you would like to find yourself is in jail. If you land in jail at some point in your life, your aim should be to get out as quickly as possible. If you are Santa Barbara, you can always count on Exit Bail Bonds. You do not have to spend an extra day or night in jail. Our bail bondsmen are always ready to respond to your call. You have to let us know your location, and we will take care of the rest.
Posting a Bail
Bail is an amount of money that a defendant has to pay to gain freedom from custody. The money serves as a form of insurance between the defendant and the court. If you are in detention, you may choose to pay cash bail if you have adequate money. Typically, the court sets bail at a high amount, and this makes many people unable to raise the bail money. If you are not able to post bail on your own, you should not despair. All you need is to identify a reliable bail bondsman in Santa Barbara. The bail bondsman will post bail on your behalf, and you will be free.
Bail Bond
A bail bond is a form of surety bond offered by a surety bond company. Surety bond companies offer bail bonds through a bail bondsman. A bail bond secures the release of a defendant from jail. If the police arrest you for a criminal offense, the bail bondsman posts a criminal bail bond on your behalf. If the police arrest you for a civil offense, a bail bondsman will post a civil bail bond on your behalf.
A judge determines the bail amount depending on the nature of your offense and your criminal history. If you are unable to raise the bail amount, you seek the assistance of bail bondsmen. The bail bond company may require collateral to secure the bail amount. If you do not have enough collateral, friends or relatives may assist in covering the required collateral.
Understanding the Arrest and Bail Bond Process
The police may arrest you for several reasons. Upon an arrest, you will no longer be free to move about or to leave the police custody. An arrest can take effect immediately the police tell you that you are under arrest. You may choose to submit without having the officer use any force. The use of handcuffs and restraints is not necessary during an arrest. For the police to arrest you, they must have probable cause. Based on facts and circumstances, the police must have a reasonable belief that you have committed or you are about to commit an offense. For example, the police may arrest you if they suspect that you are driving under the influence. The police may also arrest you if they suspect that you are engaging in criminal activities.
Once you are in a detention facility, the next step entails booking and processing. During booking, the police may perform several activities. For example, the police will record your personal information. The information may include your name, physical characteristics, and your date of birth. The police will also document information on the alleged crime. The police may also record your fingerprints and your photographs.
It is common for the police to conduct a background check on you and unearth any past criminal activity. Before placing you in a police holding cell or local jail, the police will search for your personal items. They will confiscate your personal items, including your wallet, your phone, keys, and other personal items. However, upon release from jail, the police will return all the confiscated items to you. At times, the police may release you without having to go through the bail procedure. This may apply if you have not committed a major offense. The police may require you to sign a citation and to promise to appear in court when required.
Arraignment is the next step, which entails informing you of the formal charges against you. You will get an opportunity to make plans for your release. The authorities emphasize the fact that you should show up for future court dates. During this stage, the authorities may seek to know whether you intend to hire an attorney or if you require a court-appointed attorney. You may also have to outline whether you accept the charges against you or not. You may choose to plead guilty, not guilty, or no contest.
Depending on the circumstances surrounding your case, you may be eligible for your own recognizance release. In the case of your own recognizance, you commit to writing and promise to show up in court at a future date. A judge may consider several factors while determining whether to release you on your own recognizance. The factors include the seriousness of your offense and your criminal record. The judge may also consider your ties to the community and determine if you are likely to free. In addition, the judge will consider whether you are a threat to the community. If you get an own recognizance release, but you fail to show up in court, the judge may order for your arrest.
Bail Proceedings
The court holds a bail hearing to determine the amount of bail. Bail hearings may vary from court to court; however, the focus of a bail hearing is to determine whether to grant bail. If the court approves a bail, it has to determine the appropriate bail amount. During the bail hearing, the court considers several factors. The court considers your physical and mental condition. The court also determines your financial situation. Another factor that the court determines is your family ties. In addition to determining your criminal history, the court may also determine if you have a history of abusing drugs or alcohol. Your length of residence in the community will influence the outcome of bail hearings as well as your record regarding appearing at court proceedings.
Types of Bail Bonds
You may be wondering about the various types of bail bonds available in Santa Barbara. In the state of California, bail bonds come in a variety of forms. Therefore, when posting bail, you will have a wide range of options. The common types of bail bonds in California include:
Cash Bail
To secure the defendant's release, the defendant or his loved ones may post cash bail with the detention facility. Posting a cash bail entails paying the entire bail amount by cash or check. This is the fastest way to get out of jail. As long as you have the needed cash, you can quickly post bail and regain your freedom.
Surety Bond
This is the most commonly used bond to post bail in California. A surety bond is a form of legal instrument. A licensed bail bondsman issues the legal instrument. To get a surety bond, you have to enter into an agreement with a bail bondsman. You will have to pay a set premium fee to get the bail bond service.
Property Bond
This entails the provision of collateral by the defendant or by the defendant's loved ones. The collateral may consist of a vehicle or a real estate property. The collateral should have the same value or higher than the bail amount. If you fail to honor the set bail payment, the bail bond company may forfeit the collateral. Different bail service providers may have different conditions. However, most bail bondsmen may accept similar forms of collateral. In addition to real estate and vehicles, other collateral may include stocks, personal credit cards, bank accounts, and personal property like valuable jewelry.
If you are visiting the United States from other foreign locations, you may seek an immigration bond if you are under arrest. If the law enforcement officers arrest you on a weapons charge, you would require a weapons bail bond. Defendants with a history of domestic violence would require a domestic violence bail bond. The domestic violence bail bond comes with a pro attached.
The Cost of Bail Bond in California
What is the cost of Santa Barbara's bail bond service? In the state of California, the cost of bail bonds is 10% of the bail amount. For example, if the court sets your bail amount at $20,000, the applicable bail cost will be $2000. The state of California does not allow bail bondsmen to exceed the bail cost of 10%. Depending on the company you choose, you may enjoy some great discounts and end up paying a lower amount to acquire a bail bond. Most bail bonds providers may offer discounts to union members, homeowners, and active members of the military. Different bail companies may have different premium payment plans. Ensure that you go for a bail bondsman with a flexible premium payment plan.
It is important to note that the 10% mandated bail fee is non-refundable. In addition, the fee is not negotiable; you can only pay lower if the bail bondsman willingly gives you a discount.
Contacting a Bail Bondsman
Immediately after an arrest, you should get in touch with a Santa Barbara bail bondsman. It does not matter whether the police arrest you during the day or at night; reliable bail bondsmen are available on a 24/7 basis. The bail bondsman will start planning for your release immediately you make a phone call. Some of the information you may need to provide your personal details, including date and birth and your name. The bail bondsman may also need to know your address and the place of your employment. Inform the bail bondsman of the place of arrest and jail where the police are holding you.
Do not worry if you do not have all the necessary information. A bail bondsman will go out of his/her way to get any information necessary on your behalf. With many years of experience, a bail bondsman often build rapport with courts around Santa Barbara and the law enforcement officers in the area. Upon gathering all the necessary information, the only thing left will be securing a bail bond to get you out of jail. Bail bond companies accept a wide range of payment options and give clients convenient payment plans. The goal of bail bondsmen is to get you out of jail without straining your budget.
Skipping Bail
After your release on a bail bond, you should not leave the country or fail to appear in court at the set dates. If you leave the area or you fail to show up in court, you will be guilty of jumping or skipping bail. If you commit any of these mistakes, the judge may order a bench warrant for your arrest. The judge may allow some time before the law enforcement officers return you to jail and forfeiture of the entire bail amount.
Bail forfeiture may not take effect if you miss court dates, but you later turn yourself in and explain the reason why you missed court. If the judge establishes that, you had a valid reason for failing to appear in court, your bail is reinstated. If you remain a fugitive or you do not show up in court at all, bail forfeiture takes effect, and the entire bail amount if forfeited. Your bail bondsman will have to pay up the entire bail amount and then recover the amount from your co-signer.
If you must leave the state or the country while on bond, you have to seek permission from the bail bond company and the court. This mainly applies if the court has given you strict instructions not to leave the country. If you leave without seeking permission from relevant parties, you will be subject to arrest.
Who is a Co-Signer?
A co-signer is another party, mainly the friend or relative of the defendant who is responsible for the defendant's bond. The co-signer agrees with the defendant and the bail bondsman. The co-signer pays the bond if the defendant fails to pay and in the case of bond forfeiture.
In California, co-signers have well set out rights. For instance, if the co-signer does not feel comfortable to be responsible for the defendant's bond, he/she can request for bond revocation. The bail bondsman may discuss the revocation options with the co-signer before picking the defendant. After bond revocation, the defendant may go back to jail and remain there up to the date of court proceedings. The defendant may also get an alternative co-signer is he/she is in a position. Upon revocation, the co-signer gets any money owed to him/her. However, the bail bond company does not refund the 10% mandated fee, as this is non-refundable.
Other than having rights, a co-signer also has some responsibilities. If you are a co-signer, it is your responsibility to ensure that the defendant shows up in court. You will have access to all the information about the defendant's case. You are therefore fully aware of the proceedings of the defendant's case.
Defendant's Rights
What are the rights of a defendant in California? It is the right of the defendant to be able to post bail and get an early release from detention. It is also the right of a defendant to access all information relating to their case. The defendant also enjoys the right to an attorney. If the defendant does not have a personal attorney, he may work with the court-appointed attorney. It is also the right of a defendant to enjoy a speedy and fair trial.
The defendant also has the responsibility to report to the bail bondsman regularly; this maybe weekly or daily as agreed. The defendant has a duty of constantly updating their contact information. In case of address or employment changes, the bail bondsman must notify the court and the bail bond company.
Contact a Bail Bondsman Near Me
Are you under arrest and in need of a bail bondsman in Santa Barbara? You can always count on Exit Bail Bonds. Contact us at 951-788-1722 and speak to one of our bail bondsmen today.