A tragic accident resulting in vehicular manslaughter charges can impose an overwhelming legal and emotional burden. The fact that you have to pay a high bail should not prevent you from defending yourself and remaining with your family during this critical period.
The first step toward protecting your future is to pursue a release from custody. At Alana's Bail Bond, our customer support is fast, discreet, and professional as we navigate the intricacies of the jail system. We offer flexible payment options to make the entire process more affordable during this time of high stress. Contact our San Diego bail bondsmen today for a free consultation and let us help you get back home. Let us first look at vehicular manslaughter bail bonds in more detail.
How the Law Categorizes Vehicular Incidents
The legal system judges your case on the grounds of your behavior and attitude at the moment you were involved in an accident. It classifies the incident based on your level of responsibility. This categorization procedure determines whether you will face charges for a misdemeanor or a serious felony. These charges have a direct impact on your long-term release prospects. The difference between simple and gross negligence is the basis of the prosecution developing the case against you and the court setting your bail.
Simple negligence is the least serious level you may endure, which can be referred to as a lapse in your judgment. This is when you fail to exercise the ordinary care that a reasonable person would use that that a reasonable person would exercise in a similar situation in a like situation. Since the law considers these accidents to be good-faith errors, but not deliberate risk-taking, you will typically face misdemeanor charges. You could have momentarily glanced at a GPS, or you may have failed to stop at a stop sign, leading to a tragic yet unintentional accident with punishments that may include up to one year in county jail and some moderate fines.
Legal implications become very high when your actions become one of gross negligence. This criterion involves demonstrating that you engaged in such a reckless disregard for human life or that you intentionally do not care about the safety of other people. In contrast to an ordinary error, gross negligence is characterized by risky conduct that you ought to have known was dangerous in nature. Over speeding in residential neighborhoods or participating in street racing can result in a felony case, which may lead to prison sentences in the state and the long-term or permanent loss of driving privileges.
Intoxication serves as the ultimate compounding factor, effectively bypassing traditional negligence arguments to create a more severe criminal category for you. If evidence demonstrates that drugs and alcohol influenced your actions, your case changes to gross vehicular manslaughter while intoxicated. In the states where the rule of Watson Murder applies, like California, your DUI history can enable the state to charge you with second-degree murder on the grounds of implied malice.
These complexities underscore the importance of posting bond to get out of jail, allowing you to plan your defense against such life-changing charges effectively.
Bail on Vehicular Manslaughter
The cost of release depends on the bail schedule of the county where you were arrested and the severity of the charges against you. In misdemeanor vehicular manslaughter cases involving simple negligence, the amount of bail usually falls between $20,000 and $50,000. However, when the prosecution charges you with felony charges for gross negligence, the presumptive bail regularly rises to $100,000 or more. If your case includes aggravating factors, for example, you are under the influence of alcohol, or you left the scene, you may face a bail of $250,000 to $500,000.
The amount of bail set by the court will be the guarantee of money that you need to post to get out of jail, but it does not necessarily require you to pay it in cash. You could work with a professional bail bondsman, and you pay a fee, which is a non-refundable service fee, called a premium. This is the standard fee in the industry, typically charged at a rate of 10% of the total bond value. For example, if the judge sets your bail at $100,000, you would pay $10,000 to the bonding company to secure your release and return home to your family.
This premium serves as your payment to the bonding company, allowing them to assume the full financial risk of your total bail with the court. Although the 10% fee is a high initial expense, it is much more affordable than liquidating $100,000 in personal assets or spending an entire life in jail. Most families can afford this cost by using flexible payment plans to cover it. This allows you to devote your financial resources to hiring an expert legal team to contest the underlying charges.
The court takes into account your personal history in addition to the first premium to determine the cost of your freedom. If you have a clean record and a good relationship with the community, your attorney can request that bail be reduced at your initial appearance. On the other hand, a history of reckless driving is likely to result in the judge stacking charges. This raises the amount of the bond. Knowing these financial levels will enable you to be prepared for the future and will also provide you with the support you need to navigate the jail system effectively.
How Collateral Works in Criminal Cases
Securing your release on a high-value bond often requires more than just the payment of a 10% premium. Securing collateral usually accompanies it in an effort to mitigate the bail bondsman’s risk. Since vehicular manslaughter is associated with serious jail terms, the chances of the accused failing to appear in court increase in the eyes of the bonding company. When your bail is set at $100,000 or higher, a simple signature guarantee from a family member rarely suffices. Instead, you are generally required to pledge significant assets, which, in most cases, you can leverage real estate equity, to secure the entirety of the bond.
The bail bond company can use collateral on real estate, temporarily securing your home, or by placing a lien on the property of any member of your family. This legal bond guarantees that the entire bail amount will be paid in case you fail to fulfill your legal obligations to the court. Although the house is still under your custody and you still reside in the house, the lien will be in existence until your case is disposed of and the court absolves the bond. After the judge formally seals the case, the bail bond company then undertakes to release the lien, restoring your property’s clear title.
The stakes involved in pledging collateral are exceptionally high and require a clear understanding of your responsibilities. When you fail to appear in court or flee, the bail bond company will be held liable for the entire amount of the bail to the court. To reclaim the money, the company will exercise its right to seize and sell the collateral pledged, meaning that your family might lose their home entirely. This extreme measure is a reminder of the seriousness of the bail agreement and the high level of confidence with which others who are signing on your behalf have put their trust in you.
Nevertheless, despite these dangers, collateral is a powerful legal option that will enable you to gain freedom as you await trial over serious charges. It gives both the court and the bondsman the required confidence that you will not flee or fail to appear to answer the charges against you. When you decide to put a bond against property, you have proven that you are committed to adhering to the legal process.
How the Court Ensures Appearance in Serious Cases
In addition to the monetary demands, the court usually places stringent conductive measures that you are obliged to adhere to to enjoy your freedom as your case is heard. These conditions are designed to ensure public safety and guarantee your presence at future hearings. However, they also significantly alter your daily routine. A judge can order that you use a Secure Continuous Remote Alcohol Monitor (SCRAM) ankle monitoring device in cases of an allegation of alcohol or drug usage. It is a transdermal testing device, which examines your sweat every hour. This allows the court to monitor your sobriety 24 hours a day.
There is also a lot of pressure from the court to regulate your driving skills, particularly when the felony charges come around. The immediate suspension of your driver's license is a common condition of your bail. In other cases where there is a restriction on driving, you need to affix an Ignition Interlock Device (IID) in your car, which will take a clean sample of breath before it will start your engine. Violating these restrictions or failing a SCRAM test means you have breached your bail agreement. The judge is allowed to revoke your bond and remand you into custody immediately.
Monitoring your physical location serves as another primary concern for the justice system when high-stakes charges are involved. You may be required to wear a GPS tracking device to keep track of where you are within a particular geographical location or keep to a curfew ordered by the court. Moreover, the harshness of the prison terms that can be related to vehicular manslaughter can make the court perceive you as a considerable flight risk and demand that you hand over your passport to the appropriate court authority. These travel restrictions do not allow you to leave the state or the country without express judicial authorization.
Although these checks and limits are invasive, they are the required sacrifice to avoid jail. Adhering to all terms, including paying the monthly supervision fee and attending all the check-ins on time, will prove to the court that you are a reliable person. This compliance not only helps you stay at home with your family but also creates a good track record of cooperation that your team of lawyers can later tap into in your favor as they negotiate the final results of your case.
The Stages of Post-Arrest Processing and Bail
The path that one must navigate from the time of first arrest to the time of release from the jail facility is filled with various administrative and legal challenges that require patience and accuracy.
Booking and fingerprinting are the first stage in the process. During this stage, you will be required to:
- Provide personal details
- Have your physical appearance photographed
- Provide your biometric data, which will be catalogued by law enforcement
You cannot post bail until this administrative "processing" is finished. This phase may take several hours, depending on the size of the jail and the number of detainees being processed. During this time, you are required to stay in a holding cell.
After the booking process is completed and a bail amount is established, either in accordance with the county schedule or as directed by a judge, the next step is to contact a specialized bail bondsman. Vehicular manslaughter is a high-risk felony, and not all bail bond companies can handle the substantial bond amounts or the intricate collateral conditions. You or your family members should contact a bail bondsman who has experience dealing with high-stakes cases. The bail bondsman should quickly verify the bail details and explain the specific requirements for your release. Discuss with him/her the exact terms of your release. Providing the bondsman with your full name, booking number, and the precise location of the facility will enable them to start the paperwork much faster.
After selecting a bail bond company, you will proceed to sign the contract and provide collateral. This is the most important financial step. The 10% premium is paid, and any necessary assets, including real estate deeds or vehicle titles, are formally pledged. The bail bondsman serves as your guarantor, signing a surety bond that guarantees the court they will pay the full bail amount if you fail to appear. During this meeting, the bondsman will also outline your specific check-in requirements and explain how to stay in compliance with the court’s orders to avoid a bond forfeiture.
The final stage is the actual release. It occurs once the bail bondsman presents the surety bond to the jail's bond window. Although the financial transaction is instantaneous, the physical release may require between 4 and 12 hours, depending on the facility's discharge process. Large county jails often have a significant backlog, making the wait the most unpleasant experience. After being released, the first thing you should do is to see your defense attorney as soon as you can so that you can discuss the charges and be ready to appear before the court when scheduled to do so.
Find a Bail Bondsman Near Me
Facing a vehicular manslaughter charge is an overwhelming experience that puts your entire future at stake. The moment you are at this critical juncture is the moment when you must first secure your freedom, establish a solid legal defense, and reunite with your loved ones.
At Alana's Bail Bond, we will help you navigate this crisis with compassion and efficiency. Our seasoned San Diego bail bondsmen are available to guide you 24/7. Do not remain in custody longer than necessary. Call us today at 619-468-9333, and we will help you immediately.
