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Bail bonds are surety bonds posted by a licensed bail bondsman on behalf of a defendant to secure pretrial release. Bail bondsmen get involved in the criminal justice system when an eligible defendant cannot post bail for a pretrial release. Since they are independent companies or individuals, bail bondsmen offer their services for a small fee, typically 10% of the bail. Once you pay the required premium and agree to all the terms and conditions of your release, the bail bondsman processes your bail, and you are released from jail.
However, the bail process is not as straightforward as it seems. You need to have a lot of information to understand how bail bondsmen work, their benefits, and how to involve them in your bail process. There are several misconceptions about bail, too, making it challenging to understand how to work with a bail bondsman. Here are some of the typical bail bond myths and the truth behind them.
Bail is a Punishment by the Court
This is one of the most common misconceptions about bail. Some defendants, or their families, feel that, since they are required to pay a substantial amount to obtain a pretrial release, they are being punished for their crime. However, bail is meant to help you get a pretrial release and not punish you.
Courts set bail according to the nature and severity of a crime, a defendant's criminal history, and their flight risk. Courts within a particular jurisdiction develop a bail schedule, providing a basis on which judges set bail for particular defendants during the initial arraignment. A bail schedule will contain estimated amounts for specific offenses, including misdemeanors and felonies. However, the judge determines the exact amount after considering your case details, reviewing your criminal history, and considering other factors, like your flight and safety risk.
Bail acts as collateral to ensure court appearances. If you comply with all conditions, the court refunds the bail at the end of your case. If you post cash bail and abide by all the terms and conditions of your bail release, the court refunds the full amount after your case, regardless of its outcome. If you post a property bond, the court may return it at the conclusion of your case, provided all conditions are met. You do not lose anything to the bail bondsman; the only requirement is to pay the required premium, which is also the fee for the bail bond service.
Thus, bail is not a punishment but an opportunity for an eligible defendant to attend all hearings regarding their case from home. The alternative to this is spending the entire time behind bars, without working, schooling, or caring for your loved ones.
Bail Bonds are Unaffordable
When you commit an offense and are arrested by the police, you could remain in jail until a judge hears and determines your case. However, if you are eligible for bail, the judge can grant it to allow you to obtain a pretrial release. Bail is generally expensive, since it guarantees your court appearances. Some argue that low bail amounts might encourage defendants to skip court, which is why bail is set at varying amounts. However, this only applies if you want to post cash bail. Cash bail must be paid in full to the court before you are released from police custody. However, bail bonds work differently.
Bail bondsmen offer financial help to defendants who cannot afford bail for a pretrial release. They provide their service at a small fee, usually 10% of the bail. This is more affordable than paying if you opted for cash bail. Thus, bail bonds are affordable and accessible, making this one of California's standard bail bond myths today. Most defendants and their families can more easily raise a fraction of the full bail amount through a bail bondsman. This makes it easy for defendants who are eligible for bail and cannot afford it to pay for it. However, the 10% premium, which is paid upfront, is non-refundable. This is because it also serves as the fee for the bail bond service.
You Must Wait in Jail to Post Bail
The legal processes following an arrest before the trial include booking and initial arraignment. The booking process entails obtaining and entering a defendant’s personal information, biometrics, and mugshots into the police database. Once the booking process is done and the prosecutor files criminal charges against you, you are imprisoned to await your initial arraignment. The many issues discussed in this initial hearing include your eligibility for bail and the amount. Generally, you must post bail after the initial hearing, which can happen within hours of your arrest or longer.
However, the waiting does not apply to all defendants. Some defendants can post bail on the same day of their arrest. Typically, the law gives courts up to 48 hours to allow an eligible defendant to obtain a pretrial release. Depending on the details of your case, the availability of the judge, and the backlog in the court’s system, you can be aligned right after the booking. If you are eligible for bail, you can contact a bail bondsman on the same day to help you post a surety bond to the court.
Thus, there are misconceptions about bail, such as that you must wait in jail for prolonged periods to post bail after an arrest. You can return home the same day of your arrest and continue going to work and caring for your family before the conclusion of your case.
Bail Bondsmen Require Collateral
Remember that bail bondsmen are third-party companies without connection to the local courts, jails, or defendants. They are in business to offer financial services to eligible defendants for a small fee. Once you pay the required premium or fee, the bail bondsman posts a surety bond to the court to obtain your pretrial release. If you skip bail and the court forfeits your bail, the company is responsible for the resulting financial damages. It must pay your full bail to the court.
Some bail bondsmen ask for collateral to protect themselves from such losses. Collateral can be anything valuable that the company can liquidate to recover its money if the court forfeits your bail and they are required to pay it. Companies that ask for collateral accept anything valuable, including real estate properties, vehicles, art collections, stocks or bonds, and valuable jewelry. However, these are bail bond myths that all bail bondsmen require collateral to offer a bail bond service.
What matters is your willingness and readiness to make all court appearances regarding your case. If you are not a flight risk or have strong ties to your community, a bail bondsman can still post your bail without asking for collateral. Additionally, a bail bondsman can skip this requirement if you have a co-signer who has the financial ability and is willing to cover any losses that may arise if you fail to appear.
You Need an Attorney To Post Bail
An attorney is critical when you face criminal charges, whether minor or severe. They offer invaluable legal advice and can help you navigate complex legal processes. They also help with defense during the trial as they fight for a favorable outcome in your case. In reality, you do not need an attorney to post bail or obtain pretrial release.
If you are eligible for bail, you can post cash bail, provide a property bond, or use a bail bond service without the assistance of an attorney. They can help you find a reliable bail bondsman if you already have an attorney. However, this is not mandatory for anyone who does not have or cannot afford an attorney. A trusted family member or friend can help you through the processes you cannot handle while behind bars. If you work with a bail bondsman, they will handle the bail process on your behalf, eliminating the stress and anxiety of navigating complex processes independently. They will also demystify all bail bond myths regarding the need for legal help to post bail.
You can hire an attorney after the pretrial release if you do not already have one. You can request a public defender if you cannot afford a private attorney. They will help you gather evidence, prepare for the trial, and develop a solid defense against your charges.
Once Your Bail Bond is Paid, The Only Requirement is to Appear
Remember that bail is usually paid to guarantee your court appearances. This ensures smooth and timely continuity of your legal case. If you fail to appear, the court will likely cancel your court dates until you are available for a hearing. This can create delays and a backlog in the criminal justice system. It will also be challenging to conclude your case within the required timelines. These are some of the reasons that make court appearances necessary.
However, there are misconceptions about bail regarding the terms and conditions of your pretrial release, which you should be aware of. Appearing in court is one of the many requirements the judge will set for your pretrial release. All the conditions you receive are necessary, and you must abide by them to avoid legal issues and a re-arrest. For example, the judge can order you to stay out of legal trouble once you are released on bail, at least until the court hears and determines your case. You could also be issued a stay-away order to protect an alleged victim.
You could be required to complete a treatment or rehabilitation program or adhere to a particular curfew during the period of your case. Your bail's exact terms and conditions depend on your case's details and your criminal history. Talk to your bail bondsman about all the bail bond facts regarding the terms and conditions of your bail release to prepare yourself for what to expect once you are free.
You Do Not Need a Bail Bond If You Are Innocent
When the police make an arrest, they do so on suspicion that you have committed a crime. They must gather evidence and present it in court during a fair trial for the court to determine whether or not you are guilty of your charges. Thus, you can be arrested even if you are innocent. You will be subjected to the same legal process as a guilty person after an arrest. The judge will still determine your eligibility for bail and set the amount before allowing you to post it. Therefore, eligible defendants, regardless of innocence, may need to post bail as determined by the court.
You should be careful what you say or do after an arrest, even if you are innocent, as the prosecutor can use it against you during the trial. One of the bail bond facts here is that you should fight for a bail release and prepare well for the prosecution to prove your innocence before the jury. A pretrial release is an excellent opportunity for you to gather evidence, prepare compelling statements, and interview eyewitnesses that can help with your case. You will also hire the right attorney for your defense. Thus, partner with a reliable bail bondsman for a quick release to avoid spending more time than necessary in jail.
Find a Reputable Bail Bondsman Near Me
Bail bond myths are untruths about bail and bail bonds that people believe. They could lead to uninformed decision-making if no one is available to demystify them. Bail bondsmen offer detailed bail bond facts to interested parties to ensure they understand what to expect before choosing a bail bond service. You can ask questions and seek clarifications from your trusted bail bondsman before signing an agreement to ensure you do not base your decision on one or more untruths.
At Alana’s Bail Bonds, we provide detailed information and can answer all your questions about bail and bail bonds before sending you the application form. We know how misleading some misconceptions about bail are and understand the need for complete information for effective decision-making. Call us at 619-468-9333 if you or your loved one is arrested in California to learn about bail bond facts and our services.
