The thought or even mention of being jailed brings discomfort to anyone involved – the defendant as well as their close relatives or friends. It becomes even more complicated if it is the first time they are going to jail since anxiety and confusion can engulf them. However, you don't have to stay in jail waiting to appear in court – you can apply for the bail, by paying the required amount and get released with the assurance that you will attend the pending court proceedings as needed. You may also not be able to raise the amount needed, in which case, getting a bail bond company to post the bail is crucial. In Fairfield, CA and Solano County, Exit Bail Bonds addresses all issues related to bail bonds to help you and release you from jail when arrested.
What Happens When You Are Arrested?
When the police arrest you, you're booked and detained in jail pending your criminal trial. The booking involves recording of personal information (date of birth, name, physical characteristics), recording of the fingerprints, checking if you have a criminal record and pending cases, taking of oy your photograph, interrogation, the amount of bail you ought to pay is posted if you qualify for one, and confiscation of personal belongings which is returned once you are released.
After the booking process, you are detained in jail. At this juncture, you have two options: to stay in jail until the court is ready to hear your case or to get released from jail through a bail bond. Note that a minor offense may not require you to be detained in jail; still, you have to sign a form stating that you will appear before the court as the court deems necessary – This is a type of bail known as own recognizance bail, or in some cases, unsecured bail.
Before your phone and other personal belongings are confiscated, you are given access to talk to your relatives, friends, lawyer or any person that should know about your arrest. In turn, these people can contact a bail bond agency to help post bail on your behalf, thereby, securing your release from jail. The firm can then get in touch with you to inquire on several things regarding the arrest: the crime you committed, how long you have been locked up, where you work if employed, and if it is possible for them to secure a bail bond. If through this investigation process, the firm establishes that it has little or no risk if they bail you out, they avail a bail bond. The work of the Bail Bonds is to hasten the legal process and set you free after an arrest while giving the court assurance that you won’t flee or fail to attend the pending proceedings against you.
What is Bail?
Generally, bail refers to the process of paying a determined amount of money to secure your release from police custody. It may also distinctively refer to the exact amount you have to pay as the security of your release. The bail comes with conditions such as promising to attend to all the court proceedings and cooperating with the police and court in their investigations. If you honor this promise, the bail amount that you paid is returned, but if you act otherwise, it is revoked, and you become subject to seizure by the police.
The bail process in Fairfield, CA and Solano County is determined by the court, which takes into consideration to following:
- Your financial situation
- Any criminal records
- Family Ties
- Physical, mental and health conditions
- History of drug use and drug abuse
- Length of residence in the community
Once the above issues have been determined, the court grants you a bail amount or fail to do so depending on the judge's discretion. If bail is granted, the court further gives directives and conditions that you have to adhere to after your release from jail. Your gun license could be revoked; your travel can become limited; you can be denied access to alcohol or specific drugs; the court can have a curfew enforced on you.
You can pay the required amount by cash, money order, or cashier checks as the court deems necessary.
What Determines the Granting or Denying of Bail?
To grant or deny bail, a judge looks at several aspects. Judges in Solano County normally consider two main factors which include if you pose any threat to the public and the probability that you will present yourself before the court on the set dates. Other minor considerations include the source of the bail money and flight risk as discussed below.
Do you pose any threat to the public if you are released?
If you pose any danger to the public, a judge will most likely deny you bail. Situations that imply danger include if at any point you had made any threats against the victim, any valid statement the victim provides to the court regarding the risk you pose, the potential threat you pose to the victim and their family. Other factors the judge will consider are how serious the alleged offense is (is it a misdemeanor or a felony?), your criminal record, and if the evidence presented to the court is strong enough to convict you.
The probability of appearing in court on the set date
The judge will examine your previous records, if any, to know if you skipped a court hearing either in the present case or in other crimes you have been charged with. Additionally, you will not be granted bail if you intentionally deceived the court in previous hearings. A strong family and community bond may increase your chances of being released on bail. But if you don’t relate well with them, the court might view that as a threat and deny you bail. Finally, the judge will only grant bail if s/he is convinced that you will make all the set court appearances.
Flight risk
It is most likely that defendants who are capable of securing a high-set bail are also capable of fleeing the state to evade being rearrested or court proceedings. If the court believes you have intentions of fleeing, bail will not be granted. Mostly, defendants with serious cases that have possible severe penalties are most likely to flee than those facing minor charges.
The eligibility of the bail funds source
The law permits prosecutors to contest the source of your bail funds through a court hearing if they have any doubt of its source. In this hearing, you bear the burden of proving that you legally possess the bail money/collateral or that it was legally acquired. You will remain in custody until after the hearing. This hearing will then determine whether bail will be granted or not. The judge will deny bail if s/he believes that the bail money or any other collateral was wrongfully acquired or it is illegal possession of the defendant.
What Happens if I Cannot Pay the Required Bail Amount?
In the case that you cannot raise the amount the court establishes, a bail bond agency comes to your rescue. The agency acts as security and is liable to the court in case you fail to attend court proceedings. In Fairfield and Solano County, CA bail bond firms charge an average rate of 10% of the total bail.
There are several types of bail bonds available for purchase. In the case you are an immigrant or just visiting the US from a foreign land and get arrested, you are given an immigration bail bond. If you are arrested and charged for abuse of weapons, you are given a weapons bail bond. If you issue your property as collateral for the cost of the bail bond, you will be issued with a property bail bond. You may also be issued with a domestic violence bail bond.
There are other types of bail bonds depending on the offense committed. Your bondsman should take you through the options available for you.
What Happens If an Arrest Warrant is Issued but I am Not Arrested?
A court can give a warrant for your arrest, and you get challenged on what to do next. If the police haven't officially arrested you, you are probably thinking of surrendering yourself to the authorities. Even though such a move portrays your willingness to obey the law, it may not be your first option.
Consider contacting a bail agent and discussing any issue related to your arrest and, essentially, if you are eligible for a bail bond. The agent will consider your best option for a bail bond and your situation, then agree on the bail rates and any other conditions upon your release.
At this point, you can now surrender to the police for an arrest. Still, the police will observe the usual after-arrest protocols including the booking process and interrogation. Then, you may be required to sign a contract indicating that you will attend your criminal trials before you are released. Otherwise, your bail bonds agent will show up to formalize your bailing details to get you released from the jail.
What Types of Offenses Can Be Bailed Out?
You can get a bail bond for nearly all criminal offenses. In most cases, you are likely to have a fast bail application process if you committed (or suspected to have committed) a misdemeanor (minor offense) crime. In fact, you may only be required to sign a contract (unsecured or “own recognizance” bond) if you commit a misdemeanor crime.
The situation is different in case you are a suspect of felony or violent crimes such as murder and rape. In these cases, you have to undergo a mandatory bail hearing process where the court will establish your eligibility for bail. It is not unusual for courts to deny bail for felony suspects, primarily when the investigators can provide indisputable proof that you are dangerous to the society if released from detention. If the bail request is granted, the amount is usually high to act as "sufficient security" for your release.
Consider going for secured bail bond options such as property bonds and seek an experienced bail bonds agent to help you navigate through the entire process.
What Happens to the Bail Money After the Case?
If you have helped someone get released on bail, you have first-hand knowledge of how high the amount can be. You would only hope that someone will do what it takes to get their money back after the trial. In Solano County, you have to follow the law to the latter for you to have a chance of being refunded your money. Even then, it is not a guarantee as it may be used to cater for court fines. If it doesn’t, it will only be returned to you if;
- Your case is settled and closed
- The court requires you to enroll in a drug diversion program
- You are taken into custody due to an opposing verdict
- The court has declared that you are not fit for trial
The amount of money refunded depends on the terms and conditions you used to secure the bail. Note that money will only be refunded if you presented yourself in court on all the set dates. Failure to which, the money is forfeited. Additionally, if you get rearrested after a release on bail, the money is lost. If the court finds you guilty of the charges against you, the money is used to pay for any penalties and fines the court imposes. If you don’t have fines, the funds will be refunded after your sentence is read.
It is cheaper to hire a company like the Exit Bail Bonds to post bail on your behalf since you only have to pay a trivial non-refundable fee, usually 10% of the total bail money. Exit bail bonds will pay the remaining 90% for you. Your only obligation is to ensure you are present in all court hearings as ordered by a judge. In case your bail bonds company posted property as bail, the court will confiscate the property if you fail to make any court appearance. The property value is equated to money in cash bail.
Benefits of Bail Bonds
So, why is bail bond service beneficial to you? By now, you are familiar with the process of bailing you out, and the following points are enough to let you choose the bail bond service:
- You are not charged any annual premiums if your case takes more than one year. Few firms consider charging annual premiums as extortion of their customers, and this friendly term is aimed at favoring you;
- If the district attorney (D.A) fails to file your charges in the initial court appearance, your bail bond is revoked, and you are required to submit another bond. In this case, most agencies will not charge you for the same; instead, the firm can decide to forego the additional benefits that follow new bail offering;
- If you are not able to appear before a court hearing as required by the law, the bail bond agent represents you to prevent the court from revoking the bail or issuing an arrest warrant. They then communicate to you about the charges and the court decision, thus, keeping you updated.
Get a Bail Bonds Agent Near Me
Bail bonds offer benefits if you are arrested. However, you need a company that is reputable for offering reasonable and friendly rates and has the passion of serving its clients. In Addition, analyses a situation keenly before providing the best bail bond option. In Fairfield, CA and Solano County, you are sure to enjoy the mentioned benefits above by using the services of Exit Bail Bonds. Our agents throughout the region are ready to help you. Contact 707-688-4181 to speak with one of our agents today.