When a loved one is taken into custody, you should not lose hope of bringing them home despite the gravity of the situation. Bail bonds are essential to bridging the gap between the high bail amount and release from custody. That way, your loved one can prepare a defense from home. You do not pay the whole bail amount when you opt for a bail bond. Instead, you pay a small nonrefundable fee. In return, the Marina bond company guarantees the court that the defendant will appear.
Do not wait in uncertainty. Make the first call, and we will take care of the rest. Contact Alana’s Bail Bonds now to access the expert help you need and bring your loved one home.
The Main Differences Between Bail and Bail Bonds
The significant difference between bail and a bond is the nature of the financial instrument used to release the defendant before trial. Bail is the money the court sets for the defendant’s freedom. A defendant or his/her loved one pays or posts bail when they pay the full amount directly to the court system. The payment refers to the court holding a deposit to ensure the defendant attends all their court appearances. On the other hand, a bond (surety bond) is not a cash deposit but a promise made by a third-party company. This promise allows the court to call on the full bail amount if the defendant skips bail.
The key distinction determines whether the family's money can be returned after the case ends. Bailing someone out on the full amount in cash requires access to a large sum of cash upfront. However, the advantage of doing this is that the court treats the full amount as temporary collateral. The amount is almost fully refundable once the case concludes and all court obligations are met.
Using Marina bail bonds shifts the financial dynamic entirely. The defendant or an indemnitor pays the bail bond company a fee (usually 10% of the total bail amount, which is non-refundable to the indemnitor) rather than the entire amount. The company is compensated for incurring the risk of forfeiture. So, the main advantage is accessing instant release with just 10% of the full cost. However, this 10% fee for the company’s service is certainly not refunded after the completion of the case.
Types of Bail and Release
Though surety bonds are the most common method for pretrial release, the justice system offers several ways for a defendant to be out of jail while waiting for trial. The prosecutor’s charge and the court’s risk assessment play a significant role in pretrial release. A cash bail involves payment of 100% of the bail amount to the court by you or your family. The payment will be fully refunded, less processing fees, if the defendant attends each required court date.
The court may also allow a property bond instead of cash. By this arrangement, the defendant may assign the equity in real property (like their home) to the court as security. While this approach does not involve a significant cash outlay, the process often involves extensive documents, appraisals, and hearings to value the property. In the end, the court places the asset under a lien with the risk of forfeiture if the defendant breaches the release conditions.
The surety bond is usually the best bet when you cannot put up cash. The bail bondsman will put up the full bond to the court on your behalf in exchange for a non-refundable 10% premium. Well-renowned Marina bail bonds companies are mainly involved in this business.
One of the least restrictive forms of release the court may permit is an own recognizance (O.R.) release. This release occurs when a defendant is allowed release simply by signing a written promise to appear for all future court dates. Judges typically reserve O.R. release for low-risk defendants with strong community ties and minimal flight risk.
The Consequences of a "Failure to Appear" (FTA)
The most serious risk when any condition of pretrial release has been imposed is Failure to Appear (FTA) at a required court date. Not showing up for your court date is more than a scheduling issue. It is a crime. It triggers two serious legal actions at once:
- The first concern is that the defendant will be charged with a new, independent criminal offense called FTA (Penal Code §1320.5 PC), which can be charged as either a misdemeanor or a felony. This increases the penalties the defendant already faces.
- Then, the judge would issue a bench warrant for the defendant’s arrest. Law enforcement may take the defendant into custody and return them to jail.
The money-related consequences are just as devastating, causing bail bond forfeiture to kick in. Companies offering Marina bail bonds will be ordered by a court to pay the entire bail amount if the defendant fails to appear. The bond company guarantees 100% of the amount, then turns to the cosigner, or the indemnitor, who initially pledged to cover this entire sum. The co-signer’s main financial risk is losing collateral and/or being sued for the whole amount of the forfeited bond, which is exponentially greater than the loss of the 10% non-refundable premium.
Common Myths About Marina Bail Bonds
Here are key clarifications regarding bail bonds:
The 10% Premium Is Refundable
The premium you pay the bail bond company is a statutory, non-refundable fee for its services and assumes the risk for the court. The 10% fee charged by providers of Marina bail bonds is a long-lasting income that is earned and kept once the defendant is released. Unlike a full cash bail that pays directly to the court and is refundable, this fee will not be refunded to the provider, regardless of what happens in the case (dismissal or acquittal vs conviction).
You Can Negotiate the 10% Premium
Under California law, the maximum premium rate a Marina bail bondsman may charge is 10% of the total bail amount. Some bail bondsmen may offer a small discount that the state allows to specific groups, like military personnel or union members. However, the base percentage is not negotiable downward for standard clients. This ensures fairness and prevents one bail bondsman from preying on another's clients.
Using a Bail Bond Will Automatically Hurt My Credit Score
Using bail bonds will not hurt your credit score because they are not loans and are generally not reported. If the indemnitor signs a financing agreement to pay the non-refundable premium and then defaults on the payments, the bail bond company can send the debt to collection companies. This failure to pay your premium financing can cause serious harm to your credit score.
Jail and Courthouse Information in Marina
Monterey County Jail
1414 Natividad Road
Salinas, CA 93906
Marina Courthouse
3180 Del Monte Blvd
Marina, CA 93933
Find a Bail Bondsman Near Me
Bail bonds are the only immediate and viable financial path to securing pretrial release for many families. However, this path demands absolute commitment. If you fail to appear, you will be re-arrested immediately, and the co-signer will lose money or any collateral he/she signed over in the bail bond agreement. Understanding these details allows you to make an informed decision. Always work with a licensed, upfront bail bondsman who can readily answer your questions. If you need a professional to help you in Marina, call Alana’s Bail Bonds at 619-468-9333 for help.
