A. The purpose of bail is to assure the attendance of the defendant, when his or her appearance is required in court, before or after conviction.

A. The Eighth Amendment to the U.S. Constitution requires that bail should not be excessive. This means that bail should not be used to raise money for the government or to punish a person for being suspected of committing a crime. The purpose of bail is to give an arrested person their freedom until they are convicted of a crime, and the amount of bail must be no more than is reasonably necessary to keep them from fleeing before a case is over.

A. If you can’t afford the amount of bail on the bail schedule, you can ask a judge to lower it. Depending on the state, your request must be made either in a special bail-setting hearing or when you appear in court for the first time, usually called your arraignment.

A. Someone taken to jail must be brought “without unnecessary delay before the nearest available…magistrate.” In no event should more than 48 hours elapse (not counting weekends and holidays) between the time of booking and bringing you to court.

A. There are two options:

1. You can bring your cash to the jail or court to post a cash bond for the full amount of the bond (When the case is done you will get most of your money back minus court fees)
2. You can pay a bail bond agency a non-refundable premium of up to 10% to have them put up the money on your behalf. The bail bonding company can take any form of payment, cash, check, money order, credit card, or anything to accommodate your specific needs, we even provide 0% down payment plans with approved credit.
   

A. Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain exceptions, a defendant charged with a criminal offense shall be released on bail.

When a person is charged with capital crimes where facts are evident or the presumption of guilt is great may not be allowed bail. However, a defendant charged with a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption is great.

A capital crime is an offense that a statute makes it potentially punishable by death or life imprisonment, even if the prosecutor/government has agreed not to seek the death penalty.

It is presumed that the risk of flight of the defendant is too great when he or she is facing death or life in prison without the possibility of parole.

A. The consumer is agreeing to:

• Pay the premium for the bond at the established rates.
• Provide required collateral.
• Pay actual, necessary and reasonable expenses incurred by the bail agent in connection with the transaction. These may include:
  • Reimbursement for long distance phone calls.
  • Excess travel expenses (described as outside of the bail agent’s normal scope of business, or into an area where the agent does not advertise).
  • Posting fees (for payment to an agent in another area to physically deliver a bond. An agent should not charge a posting fee for the normal delivery of a bond in the agent’s advertising area).
  • Bounty agent/skip tracer expenses (These are usually based upon the amount of the bond).
  • Payment of the bond amount for the defendant’s failure to appear.
  • Attorney fees and court costs.
• Keep the bail agent advised of address/employment changes of the defendant or other parties to the agreement.
• Aid the bail agent/skip tracers in locating the defendant (where someone other than the defendant has secured the bond).

The consumer should read all agreements thoroughly, asking questions until all items and obligations are understood.

A. Provides an avenue for the incarcerated person to be out of custody until his/her day in court, allowing the defendant to continue his/her day-to-day life until the criminal matter is resolved. The bail agent will provide the following:

• Receipts and copies of all signed documents.
• Information regarding the status of the bond and changes in assigned court dates.
• The status of any costs due, as imposed by the court.
• Assistance in locating the defendant should a forfeiture occur.
• Appearance before the court regarding the bail bond when such appearances are
  necessary (sometimes requiring the hiring of legal counsel).
• The timely return of collateral upon exoneration of the bond.

A.

• Length of the contract. The bail bond runs for the duration of the case. Once paid the premium for the bail bond is non-refundable.
• Reduction of Responsibility. Although it is uncommon, a court may reduce the amount of bail required. If a bail reduction occurs, the bail agreement should be amended to reflect the reduced exposure of the bail agent and surety insurer. A bail reduction does not result in a refund of premium paid, although it may result in a partial return of collateral. Under any circumstances, where a bail reduction has occurred, the bail agent and insurer cannot recover more than the amount to which they are actually exposed, plus necessary related expenses.

A. Every county has it’s own bail schedule. Bail schedules are set by local magistrates. Bail schedules determine the cost of bail for each crime.

A. Sometimes. This is known as releasing someone “on his own recognizance,” or “O.R.” A defendant released O.R. must simply sign a promise to show up in court. They don’t have to post bail. A defendant commonly requests release on their own recognizance at their first court appearance. If the judge denies the request, they then ask for the judge to lower the bail.
In general, defendants who are released O.R. have strong ties to a community, making them unlikely to flee. Factors that may convince a judge to grant an O.R. release include the following:

• The defendant has other family members (most likely parents, a spouse or children) living in the community.
• The defendant has resided in the community for many years.
• The defendant has a job.
• The defendant has little or no past criminal record, or any previous criminal problems were minor and occurred many years earlier.
• The defendant has been charged with previous crimes and has always appeared as required.

A. Bail agents are licensed and regulated by the California Department of Insurance. You can obtain the licensing status of a bail agent by contacting the CDI Consumer Hotline at 1-800-927-4357 or by visiting CDI’s Web site at www.insurance.ca.gov.

A. Contact the bonding company, if the bonding company is unresponsive, contact the surety for the bail bonding agency. If the surety doesn’t take care of the issue contact the California Department of Insurance using the information provided in the “Contact Us” section.