A bail bond is a type of surety bond provided by a licensed bail bondsman. The purpose of bail is to guarantee the accused will appear for all court hearings. When a defendant skips a court date, the bail bondsman is liable for the entire bail amount. In simple terms, it is an assurance to the judge that the accused will return for future court proceedings after being released.
If someone is arrested in Carmel-by-the-Sea, a bail bond can be posted to secure his/her release while awaiting court hearings. A bail bond is very useful, as not everyone can afford to pay the entire amount. You pay a non-refundable payment, usually 10 percent of the total bail amount, to a bail bondsman. The bail bondsman then deposits the entire sum at the court, guaranteeing the defendant's release.
The information below will walk you through the process, including what is required to qualify, what collateral is needed, and the cost and expense of using a bail bond. Contact Alana’s Bail Bonds if you need bail bond services.
How Judges in Monterey County Set the Amount
The final bail amount is determined at a bail hearing or by applying the Monterey County bail schedule. The schedule is a list of set amounts of bail applied to common offenses. This schedule brings about consistency, although judges are allowed to vary the number, depending on the circumstances of the case.
When judges set bail and assess the accused’s risk of failing to appear in court, they consider some of the most important factors, namely:
- Seriousness of the charged crime — More serious offences, particularly those that involve violent felonies or those that are associated with threats to the safety of the community, will most likely lead to a much higher bail amount or a total denial of bail.
- Criminal history — Judges consider the defendant’s past convictions, pending charges, and previous failures to show up for a court session. A record of compliance can attract a low bail, whereas a track record of absenteeism in court or a record of recurring wrongdoings can result in a high bail.
- Ties to the community — A defendant with strong community ties, like long-term employment, family relationships, and permanent residence, is less likely to flee upon release.
- Flight risk and public safety — The key issue that the judge is interested in is whether the defendant returns to court when expected and will not be a threat to society. They will look at police accounts and other evidence to establish whether the accused will run away or repeat the offence in case of release.
Collateral Requirements in a Bail Bond Agreement
Collateral is an asset or property that a person offers to a bail bondsman as financial security for a bail bond. A collateral is the norm in securing Carmel-by-the-Sea bail bonds for larger bail amounts. It protects the bail bond company, so they can retrieve the entire bail money if the accused does not attend court sessions.
Common types of bail bond collateral consist of:
- Real estate — This is one of the typical types of securities, particularly on large bail bonds. An individual can use the deed to a house, land, or any property belonging to him/her.
- Cars — A car, motorcycle, RV, or boat title can serve as security, but only when free and clear of any loans.
- Other valuables — It can also be used in the form of jewelry, stocks, and bonds, or any other valuable item. The bail bondsman typically insists on an appraisal to ensure the item's value is accurate.
The risk is straightforward. If the defendant fails to appear in court, the bail bondsman has the legal right to seize and sell the collateral to recover the bail amount.
The Financial Implications of Carmel-by-the-Sea Bail Bonds
It is very important to understand the financial implications of the bail bond since it varies significantly compared to paying the entire bail money to the court. The money you pay to a bail bondsman is an advance fee, or premium.
The premium, usually a 10% fee of the full bail, is the bail bondsman’s non-refundable service fee. This service involves posting the entire bail in court and ensuring the defendant's appearance. This fee is the bail bondsman’s revenue and is never refunded, regardless of whether charges are dismissed, the accused is acquitted, or the case is concluded differently. This is a fundamental principle of the Carmel-by-the-Sea bail bonds procedure: you are paying for a service, not a temporary loan..
However, any collateral pledged for the bond will be returned to you. After the defendant has been taken to all the court appearances that he/she is required to attend and after the court has officially released the bail bond, your property, whether it is a car title, a deed to property, or other valuables, will be returned to you by the bail bondsman. The refund of collateral is a different process from the non-refundable premium. It is one of the most notable advantages of using a bail bond service when a sizable bail sum is involved.
The Impact of Carmel-by-the-Sea Bail Bonds on Your Credit as a Cosigner
As a co-signer, you're the person who signs a bail bond agreement and legally commits to making sure the accused appears at all their court dates. Using a bail bond service can indirectly affect your credit, especially if you fail to meet payment obligations. Although co-signing a bail bond does not usually appear on your credit report, most Carmel-by-the-Sea bail bond companies will check the co-signer’s credit during approval. This becomes more so when he/she asks you to pay a monthly payment to fund the non-refundable premium.
A bail bond is not a loan, but if you use a payment plan, it can function like one. When you sign a payment contract with a bail bonds company and default by not paying on a schedule, that obligation can be assigned to a collections agency. That is when the collection account will be reported to the major credit bureaus, which will negatively impact your credit score for up to seven years. Moreover, if a defendant you co-signed for fails to appear, the bail agency can hold you responsible for the entire bail amount, which may also result in a judgment on your credit report.
Jail and Courthouses in Carmel-by-the-Sea
Monterey County Jail
1410 Natividad Road, Salinas, CA 93906
Monterey County Superior Court
1200 Aguajito Road, Monterey, CA 93940
Find a Bail Bondsman Near Me
In times of pressure from an arrest, it is easy to ignore the financial aspects, which can cost you in the long term. The key lessons anyone should learn about Carmel-by-the-Sea bail bonds are that the 10% premium is the non-refundable fee and that whatever you promise as collateral may be forfeited if the accused party fails to be present in court.
When protecting yourself and your finances, you must deal with a licensed and transparent bail bondsman. Before you sign any contract, a reputable professional will take the trouble to explain all the financial risks and responsibilities in a straightforward, simple way. They should clearly document all charges, payment terms, and collateral requirements. Choosing a trustworthy bondsman is the best way to ensure you make an informed financial decision during a challenging time. At Alana’s Bail Bonds, we are ready to help. Contact us at 619-468-9333.
