Although a misdemeanor is not as severe as a felony, it can still result in severe consequences upon conviction. This includes jail time, a hefty court fine, and a damaging criminal record that can affect your professional and social lives. However, you can change the outcome of the case if you prepare well for your trial. This is possible if you are freed on bail to attend your trial from home. Fortunately, you can post bail for a misdemeanor through cash, the use of a property bond, or misdemeanor bail bonds in San Diego. If you are not financially able to post bail, we can help you with that at Alana’s Bail Bond.
Misdemeanor Charges and Bail
There are mainly three types of charges you can face in California for breaking the law. An infraction is the least of them. It does not require an arrest or a court trial. If you commit an infraction, the police will likely write you a citation to appear in court on a given date, when the judge will determine the proper penalty for your violation. Typically, a penalty for an infraction is usually a court fine, which may not exceed $250.
A misdemeanor is more serious than an infraction. You can be arrested and jailed for a misdemeanor, to await your trial. Unless a plea deal is reached, most misdemeanors result in a court trial, where the court reviews the evidence to determine the matter. Penalties for a misdemeanor conviction include jail time, probation, and a court fine. However, all misdemeanors are not the same; there are simple and aggravated misdemeanors under the law. The court's handling of the case and the penalties you face depend on the type of misdemeanor charges you are facing.
Felonies are the most severe offenses under the law. Some felonies are more serious than others, especially aggravated felonies, capital crimes, or violent felonies.
If you face misdemeanor charges, the court can grant you a pretrial release after an arrest so that you can attend your trial from home. Although this also favors the criminal justice system, it is an excellent opportunity for you to prepare well for your trial. You can hire an attorney, gather evidence, and prepare a more compelling statement that can trigger a favorable response from the jury.
How Courts Set Bail for Misdemeanors
Bail is the amount you pay to the court to guarantee your court appearances. The court retains the amount and returns it as a refund after the case is resolved. However, it reserves the right to forfeit the money if you violate your bail release by failing to appear. Bail amount is determined based on the severity of your charges. While bail for misdemeanors is generally lower than that for felonies, some misdemeanors can still have higher bail amounts. The court can also set your bail higher than that of another person facing the exact charges, depending on your criminal history and the circumstances of the case.
Here are some of the factors that the court determines when determining bail for a misdemeanor:
The Type of Your Charges
Remember that all misdemeanors are not the same; some are more serious than others. Courts set bail according to the nature of your misdemeanor charges. You will likely pay a higher bail if you face charges for a more serious or violent misdemeanor, like DUI, battery, or assault.
Your Criminal History
Courts determine your criminal history when setting bail. Although the available bail schedule mainly guides the judge, they can increase your bail if you are a repeat or habitual offender. Some repeat misdemeanors, like DUI, are more serious and will lead to a more expensive bail.
Your Flight Risk
The court will consider your flight risk when setting bail. This is determined by how likely you are to remain within your community after the bail release. Defendants with strong community ties, like a permanent job, business, or family have a low flight risk. This can result in a lower bail amount.
Your Bail Options When Facing Misdemeanor Charges
There are mainly three types of misdemeanors under California law. The court will categorize your offense under one of these types when setting your bail.
The standard misdemeanor offense is the least severe of the three. You will likely face a maximum court fine of $1,000 and a potential jail term of up to six months. You could be sentenced to probation instead of jail time. The second type is aggravated misdemeanor, which occurs when there are aggravating factors in your case, like an injury, a minor, or any other vulnerable person. Penalties for an aggravated misdemeanor can include mandatory jail time before you can be considered for probation.
The third category of misdemeanors is the wobbler offenses, which the prosecutor can treat as misdemeanors or felonies, based on the type of the offense and your criminal history. A wobbler is a more serious misdemeanor, meaning its bail could be higher than that of the other two types.
When a court determines that you qualify for bail and sets the amount, the judge will give you payment options during the initial arraignment. If this is your first offense and your case does not have any aggravating factors, the judge can release you on your own recognizance. This means that you will not pay anything to guarantee your court appearances. The court only needs assurance that you will appear at all scheduled hearings regarding your case. Failure to appear can result in an arrest and additional criminal charges.
If you do not qualify for release on personal recognizance, the court can give you the option of posting your bail in cash. This entails paying the full amount to the court before your release is processed. This can work for most defendants, especially those who have the amount needed for bail. You can file for a refund after your case if everything goes well, as agreed. However, the court can forfeit the full amount if you fail to appear.
If you do not have the amount needed but have valuable assets, you can use a property bond to guarantee your court appearances. Courts accept assets of a higher value as collateral. The asset must be appraised, and its documents verified before it is received in court. If you honor your end of the bargain, the property will be returned to you after the case. However, you can lose it all if you fail to appear.
Misdemeanor bail bonds are your last option. They help if you are ineligible for release on personal recognizance and do not have the financial ability to post your bail. The use of bail bonds means that a third-party company will be helping you guarantee your court appearances. The company will pay the required amount to the court for a small fee.
How Bail Bonds Work
Bail bondsmen offer financial assistance when eligible defendants cannot afford bail for pretrial release. They operate around local courts and jails to ensure that all eligible defendants are enjoying pretrial releases. When you are expected to pay more bail than you have, you can engage their services instead of spending more time than necessary in jail. This allows you to prepare for trial, as you continue with your job, school, or caring for your loved ones. Bail bondsmen offer this assistance for a small fee, typically set at 10% of the bail amount.
When you engage a bail bondsman and pay the required fee, they pay the amount the court needs to release you on bail. They use their own financial resources to bail you out, hoping that the case will end well and they will receive a full refund after your case is resolved. This poses a significant risk because bail bondsmen risk losing a substantial number of defendants who fail to appear in court. When you fail to appear, and the court forfeits your bail, the bail bondsman will incur a significant financial loss.
For this reason, bail bondsmen take precautions to avoid extreme losses when courts forfeit bail for their clients. Your bail bondsman may require you to have a cosigner when seeking their services. In addition to helping you with the bail process, a cosigner will be liable for any loss the bail bondsman will incur while assisting you. If the court forfeits your bail for failure to appear, the bail bondsman can recover their losses from your co-signer.
Your bail bondsman can also demand collateral as a condition for their financial assistance. A collateral is anything of value that the company can sell to recover its losses in case of bail forfeiture. Fortunately, bail bondsmen accept different types of collateral for misdemeanor bail bonds, including valuable jewelry, cars, real estate properties, art collections, or valuable household appliances. However, the value of the collateral should be slightly more than the bail amount. If you honor all your court dates, and the court refunds the bail bondsman’s money, the bail bondsman will return the collateral to you.
Essential Things to Consider When Using a Misdemeanor Bail Bond
Bail bondsmen help a lot, especially when you qualify for bail but cannot afford to pay it. They provide defendants with an opportunity to enjoy pretrial release without necessarily having to raise the required amount. With as little as 10% of your bail, you can regain your freedom immediately after your arrest. This way, you can avoid the severe consequences of incarceration, including job loss and a significant disruption in your life. You can continue schooling, working, and taking care of your loved ones as if the arrest did not occur.
However, you have to carefully select and engage a bail bondsman to avoid making regrettable mistakes as you seek a solution for your pretrial release. Here are some of the issues you should keep in mind as you engage a bail bondsman:
The Premium is Non-Refundable
A premium is the amount a bail bondsman charges for their services. It is usually 10% of your bail, and should be paid upfront, before the bail bondsman processes your release from jail. The premium is generally non-refundable because it also acts as the fee you pay for the bail bondsman’s services. The premium remains nonrefundable regardless of the outcome of the case.
Failure To Appear is a Serious Violation
A release on bail does not signify the end of your legal problems. It is a temporary release from police custody, which allows you to attend your trial from home. The time it takes for your case to be heard and determined depends on its progress after the initial arraignment. If you appear in all scheduled court dates, the court can determine your case quickly. However, failure to appear causes unnecessary delays in the justice system and can result in additional legal problems for you.
The judge will issue a bench warrant for your arrest if you fail to appear, which can result in additional criminal charges. You will also forfeit your bail. If you cannot make it to court on a particular date, you should let the court know about it in advance.
Choose a Reliable and Genuine Bail Bondsman
Many defendants are usually desperate to make bail when the court grants it. This can result in regrettable mistakes, especially when you engage an unreliable bail bondsman. While most bail bondsmen offer genuine services, some are in business primarily for profit. Take time to read reviews and testimonials of a bail bondsman’s past clients to understand the kinds of services they offer.
Find Reliable Misdemeanor Bail Bonds Near Me
Although a misdemeanor is not the most severe offense in San Diego, it can result in life-changing penalties, including a substantial court fine, a lengthy jail sentence, and a damaging criminal record. However, you can improve your chances of a favorable outcome if you prepare well for the trial. A pretrial release helps you plan your defense more effectively, but you must post bail to take advantage of it.
At Alana’s Bail Bond, we offer reliable misdemeanor bail bonds for eligible defendants who lack the financial ability to post bail. Please call us at 619-468-9333 to discuss your needs and our services in more detail.
