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Bail bonds are a term you have likely heard spoken about many times. However, you may be unsure of exactly how they work until you need to use them. If you or a loved one are arrested, understanding how bail bonds work and the laws and regulations that govern them is essential.
The use of bail bonds is a fundamental part of the legal system in the US, and the regulations that govern their use vary from state to state. In this blog post, we will cover everything you need to know about how bail bonds work and explain the laws and regulations that govern them in California.
Building your understanding of how bail bonds work and how they are governed by the law in California will put you in the best possible position, should you or a loved one ever need to use them. Here’s what you need to know about bail bond laws and regulations in California:
How Does Bail Work?
Understanding how bail works is vital if your loved one has been arrested. So what is bail, and how does it actually work? Well, bail refers to the sum of money that is paid to allow the temporary release of a defendant from jail while they await their trial hearing.
The amount of the bail payment is decided either by a judge at a bail hearing or by referring to the bail schedule. A bail schedule is a list of offenses and the amount of money that will need to be paid in bail to secure the defendant's release from jail ahead of their trial.
Rule 4.102. Uniform Bail and Penalty Schedules detail the amounts of money that need to be paid to secure the release of a defendant ahead of their trial. This bail schedule is set by the Judicial Council of California and is designed to ensure a uniform approach to setting bail amounts and a consistent approach to how offenses are handled in the state.
As well as following the California Uniform Bail and Penalty Schedules, a judge takes some further factors into account when deciding is release on bail is appropriate and when setting a bail amount. These include the following:
- The defendants perceived flight risk and how likely they are to return to court for their trial if released on bail.
- Whether the defendant has ties to the local area.
- The defendant’s previous offenses and criminal record.
- The nature of the crime the defendant has been charged with.
Each of these factors can impact both the chances of the defendant being released from jail as well as the amount that will need to be paid in bail. The higher the risk of them not attending their trial hearing and the more serious the offense they have been charged with is, the higher the bail amount will be. To make this decision, the judge will follow the California Penal Code section 1275.
Since the introduction of California Constitution article I, § 28, section (b), The Victim’s Bill of Rights, judges also need to consider the safety of the victim of the crime and that of their family when a bail amount is fixed, and the terms of the defendant’s release are decided.
Types of Bail
There are three methods of covering a bail payment that are most popular in California. These are:
Cash Bail
Cash bail refers to you paying cash to get your loved one out of jail while they wait for their trial hearing. This means that you need to pay the full amount of the bail set by the judge. If your loved one appears in court for their trial hearing, you will have the bail amount refunded. However, if they skip bail, you lose your cash.
Property Bond
Not everyone has tens of thousands of dollars available to pay out in cash secure bail. For this reason, some people choose to provide property as security for their loved one’s release from jail. A property bond means that a property owned by the defendant or someone acting on their behalf is provided as a guarantee that they will attend their trial hearing.
When using property as security, you need to ensure that the property is worth at least two times as much as the bail amount.
Bail Bond
The final way to cover a bail payment and secure a pre-trial release for your loved one is to use a bail bond. Bail bonds are a popular option used in these circumstances, as you do not need to cover the full cash amount, and you do not need to offer up your property as collateral. Instead, you can contact a bail bond agent to arrange the release of your loved one with the court, and you then pay a fixed fee rather than the full bail amount.
What is a Bail Bond?
Bail in California is typically set between $10,000 and $100,000, with the higher amounts used for more serious offenses and for those defendants that have a higher perceived flight risk.
Obviously, these are large sums of money, and few people can afford to pay these amounts in full to secure their loved one’s release from jail. This is why bail bonds are the most popular way to cover a bail payment.
So, how do bail bonds work? Well, firstly, you need to find a bail bond agent. Once your loved one has been arraigned in court and appeared before the judge for their bail hearing, and an amount has been set, you should contact a bail bond agent.
Using a bail bond to get someone out of jail means that you don’t need to find the full amount yourself, and instead, you just need to pay a percentage of the full amount to the bail bond agent as a fee. The fee is usually 10% of the total bail amount.
The bail bond agent will then enter into a financial agreement with the court and posts the bail payment on the defendant’s behalf. After the payment has been made, the defendant will usually be released from jail relatively quickly after the bail agent has posted bail. This could be in as little as a few minutes to as long as several hours later and depends on how busy the jail is at the time.
What Happens if a Person Skips Bail?
Failing to appear in court to attend their trial is an extremely serious offense when someone has been released from jail on bail. One of the reasons that bail amounts are set in accordance with the person’s flight risk is to ensure that the defendants appear in court to face the judge at their trial.
So, what happens if a person jumps bail and doesn’t return to court for their trial? Well, firstly, a warrant will usually be issued for their arrest. Police officers are likely to attend the address provided at the time of posting bail to try and locate the defendant.
If you have used your property as collateral or you paid the bond amount in cash, these will now be at risk if the defendant doesn’t show up in court.
For people that used a bail bond agent, the agent will now be responsible for paying the full bail amount, so they may use the services of a bounty hunter to try and track down the defendant and bring them back to face their trial.
If the defendant commits further offenses in the future, it is likely that they will either be refused bail or that the bail amount will be set at a far higher amount. This is because they will be considered an increased flight risk.
How to Choose a Bail Bond Agent
Choosing the best bail bond agent is essential. After all, getting your loved one out of jail as soon as you can and getting them back home is your number one priority. So, how do you know which bail bond agent to choose?
You may have already noticed that there are a lot of bail bond agents out there, so knowing which one to choose can be a challenge. Here are some factors to consider to ensure you choose a reputable bail bond agent to take care of your loved one’s bail payment and release from jail:
Always Choose a Licensed Bail Agent
In California, all bail agents should be registered with the California Department of Insurance (CDI). The CDI regulates the bail bond industry in California using The Bail Bond Regulatory Act, which was introduced in 1937.
There are currently 2,300 bail agents registered with the CDI in California, so it is essential that you choose one of these. Unfortunately, bail bond scams do happen, and choosing a bail bond agent that is registered with the CDI will help you avoid becoming a victim of a bail bond scam.
Look Up the Bail Agent’s License
To make sure the bail agent is licensed to act on your behalf, you can look up active bail licensees by county to help you choose the best bail agent for your needs.
Check the Bail Agent’s Rates
All bail agents are required to file their rates with the CDI to ensure that they are charging people that use their services fairly. You can look up the rate filings for bail bond agents in California to allow you to compare different agents.
Typically, bail bond agents charge a 10% fee, but they may also add any reasonable costs onto your bill.
How are Bail Bond Agencies Regulated in California?
Bail bond agencies operating in California must be registered with the CDI, as mentioned above. But, the agencies also have a series of regulations that they must comply with; these include the following:
California Insurance Code
The California Insurance Code 1726. relates to the advertising of bail bond companies. Under the law, bail bond companies must provide specific information when advertising their businesses. This information includes their license number and their name as it appears on their license.
The California Insurance Code 1800. relates to rules surrounding the soliciting and advertising of their businesses by bail bond agents. Specifically, it states that no one can solicit for business as a bail bond agent unless they have the necessary licenses to do so.
California Penal Code
Section 160. (a) of the California Penal Code prevents bail bond companies from using jail inmates to solicit business on behalf of bail bond companies. This includes the use of payment or other compensation to use inmates to solicit business. Violating this rule is considered a misdemeanor in California.
Under section 1275.1 of the California Penal Code, bail bond companies are required to examine the source of funds provided to them for bail. The judge or magistrate needs to be sure that the funds being used to pay the bail bond premium or any portion of them, was not received feloniously. This is designed to prevent ‘dirty money’ being used to make bail payments.
Final Thoughts
Discovering that a loved one has been arrested and charged with a crime can be a distressing experience. After all, no one wants to think about people they care about being locked up inside a jail.
Having the opportunity to be released from jail on bail is an essential part of the California judicial system. But, navigating your way through the process can be confusing. Bail bond agents play a crucial role in helping families to secure the release of their loved ones without needing to offer up their property as collateral or find significant amounts of cash. So, ensuring that you know how to choose the right bail bond agent and are aware of the laws and regulations that govern them is essential.
