Posting bail bonds can be confusing, especially when the arrest is unexpected. Many people rely on what they have heard from friends, family, or social media. Unfortunately, some of the information received is inaccurate. However, many popular misconceptions about bail bonds contain elements of truth, while others are outright myths. These misconceptions may affect one’s ability to understand what they have to do.
California has specific rules governing bail bonds and bail bond agreements. The rules affect bail bond costs, payment terms, and collateral. Before signing a bail agreement, you should read the rules carefully. This will help you make the right decision.
The following are common myths that individuals in California have about bail bonds:
You Will Recover the Bail Bond Premium If Your Case Is Dismissed
Since bail is not punishment for your criminal acts, many people assume that you will recover your premium if your case is dismissed. However, it is not. In California, the bail bond premium is non-refundable regardless of the criminal case outcome. A premium is the fee you pay for the services you receive from the surety company. Therefore, you cannot get it. If you set up a payment plan and your case is dismissed before you complete the payments, you must continue paying.
The only thing you can receive from a surety company after your case has ended is the collateral. A bondsman may require collateral if the defendant is a flight risk or has a lengthy criminal record. If the defendant complies with all bail conditions and the case is dismissed, the surety company returns the collateral.
Bail Bonds are Not Regulated
Many defendants and families are convinced that surety companies can set their own regulations without government oversight. However, such a belief is incorrect. The government regulates bail bonds. It sets rules that all surety companies must follow. These rules center around premiums, additional costs, and collateral.
Although you can negotiate a payment plan or rebate, the standard fee for bail bond services in California is 10% of the original amount. Furthermore, it issues licenses and certifications to bondmen and companies that meet the requirements. Government oversight ensures that defendants receive uniform services and that surety companies do not exploit vulnerable individuals.
You Must Pay the 10% Premium Upfront Before a Release
The fee for bail bond services in California is 10% of the original bail. However, not all cases require you to pay the fee upfront. You can negotiate with the surety company for a repayment plan. The plan will allow you to cover fees at affordable rates. After an agreed-upon deposit is made, the balance is divided into installments. Not everyone qualifies for a bail bond repayment plan. The bail bond company will ensure that you meet these requirements before approving the plan:
- You must have a valid form of identification. The bail bond company will ask for a government-issued photo ID before accepting the repayment plan. The document helps verify your identity. Also, it confirms that you are legally agreeing.
- Proof of income. Most bail bond companies want to see that you can make the monthly payments. You can prove income by providing recent pay stubs and bank statements.
- Sign a financing agreement. A bail bond repayment plan is a form of credit. Therefore, you must sign an agreement.
- Provide collateral. For higher bail amounts, the bail bonds company might demand collateral. The collateral will ensure that the company will not risk its funds if the court forfeits the bond. The collateral may include a car, property, or any other high-value property as bail bond collateral.
- Agree to the bond terms. When entering a bond plan, you must agree to all the requirements set by the surety company. The key requirement in this case is the defendant's mandatory court attendance. Failure to appear can lead to additional financial obligations for the defendant and any cosigner.
Bail Bondsmen Track Your Movements
When you secure a release on a bail bond, the bondsman is responsible for ensuring that you appear for all court proceedings. Many people mistake this fact for constant monitoring. A bail bondsman will not follow you or track your movements. Instead, they will stay in touch and ask where you are when court dates are near.
However, there are instances when the court may require you to wear an ankle bracelet. This is often a court-ordered condition and may have nothing to do with the bail bond. The requirement can apply even when you post a property bond or cash bail. The only time when a bondman can track you is when you flee or skip a court date. In this case, the surety company will hire a bounty hunter. These are trained professionals who can track your location, arrest you, and return you to court.
Missing Court Only Affects the Defendant
A bail bond agreement involves multiple parties, including the defendant, the co-signer, and the surety bond company. Missing a court date affects a defendant by prompting a bench warrant and return to jail. However, others may also experience the consequences. After a missed court date, the bail bonds agency must cover the full bail amount. To avoid losing its money, the company will transfer the burden to the co-signer, who can lose the collateral they presented for the bond.
Bail Bonds Can Prevent You from Leaving the State
Posting a bail bond involves agreeing with a surety company. However, the agreement does not restrict you from leaving the state. The only way you are restricted from leaving the jurisdiction of arrest or the country is if a judge orders it as a bail condition. A judge can place these restrictions if you are a high flight risk.
In California, flight risk is determined by the strength of your community ties and your history of court appearances. Often, the court can enforce this travel restriction by requiring you to surrender your travel documents. If you are released on bail, you should read the terms carefully to avoid a violation.
Find a Competent Bail Bondsman Near Me
Most defendants in California are eligible for a release on bail pending trial. However, not everyone can afford to pay bail in cash. Defendants in this predicament often opt for surety bonds, which are a cheaper and more convenient way to secure release. Nevertheless, some individuals are hesitant to post bail due to myths they hold on to.
This includes the false belief that surety bonds are not regulated by the government, that bondsmen can track you, and that you can’t travel abroad after you post bail. These myths could mislead you and deprive you of an immediate release. If you need financial assistance and guidance for posting bail in California, you will need the services we offer at Alana's Bail Bonds. Call us today at 619-468-9333 for a consultation.