What is a bail bond and how does it work?A bail bond is a financial guarantee to the court ensuring that the defendant will appear at all the mandated court dates until the case is over. Should the defendant fail to comply with the court's mandates, an arrest warrant may be issued and bail bonds forfeited.
What is the definition of a bail bondsman?A bail bondsman is a licensed person or entity who can write and post bail on behalf of a Surety or Insurance Company pledging money as bail in exchange for a fee, usually ten percent of the total bail amount.
How much does it cost for a bail bond?The State of California's Department of Insurance regulates the rates on all bonds. The premium is 10% of the total bail amount and is non-refundable. For example, the premium for a bail bond of $15,000 would be $1,500.
What is collateral for a bail bond?If and when it is required, collateral can be anything of value that is put up to secure the Bail Bond. All collateral (minus court costs and/or bank fees, if any) is returned upon exoneraton of the bond.
How long is a Bail Bond good for?A bail bond is good for only one year. If the court case goes beyond the one year, an additional premium must be paid to keep the bond in force.
When someone is arrested, what are the release options?Four basic release options available are described below:
- Cash Bail: To be released on cash bail, the total amount of the bail (not just 10%) must be given to the court in cash. The court holds this money until the case is concluded, providing the incentive for the defendant to show up in court. If the defendant does appear for all court proceedings, the cash bail is returned in full.
- Surety Bond: The most common bail bond is a Surety Bond. It involves a contract with a bail agent who posts a bond for the full bail amount, which financially guarantees that the defendant will show up for all court proceedings. The bail agent typically charges the defendant a premium of 10% of the bail amount for this service.
- Release on Own Recognizance (O.R.): This program is usually offered to low risk individuals with no past criminal record or non-violent offenses.
- Release on Citation (Cite Out): Most people are familiar with this procedure. This is the same thing that happens when a person receives a traffic citation. The citation is usually issued and the defendant is never actually placed in custody. Like the Release on Own Recognizance, it is up to the defendant to voluntarily show up in court on the appointed date.
What if a defendant is bailed out, but doesn't appear in court?Should the defendant fail to comply with the court's mandates, an arrest warrant may be issued and bail bonds forfeited.
County Jail Booking Procedure
Arrest Information FAQs
- Q: What Is An Arrest Warrant?
A: A warrant is a judge issued document that authorizes the police to conduct a search, a seizure, arrest someone or carry out a court-ordered judgment. - Q: A Warrant Has Been Issued For My Arrest, What Does This Mean?
A: If you have a warrant out for your arrest, this means a judge has issued an order allowing law enforcement to take you into custody. - Q: Can I Be Arrested For The Sole Purpose Of Being Questioned On A Matter?
A: No. The police can request that you accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offense. - Q: What Is A Custodial Interrogation Requiring A Miranda Warning?
A: An interrogation is a method of police questioning that occurs when an individual is in custody and is not free to leave. In a police interrogation, the police ask … More - Q: Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?
A: No. It is legal for the police to question you without the presence of an attorney or warning you of your Miranda rights (notifying you of your rights to silence and … More - Q: How Do I Know If I Am In Custody?
A: Once your Miranda rights (“you have the right to an attorney, anything you say can and will be used against you, etc…”) have been read to you, you … More - Q: How Do I Know The Difference Between Being Questioned (Non-Custodial Interrogation) And Being Interrogated (Custodial Interrogation)?
A: If you feel you are free to go, you are present of your own free will and you have not been charged, you are probably being questioned in a non-custodial … More - Q: Is Invoking My Right To Remain Silent The Same Thing As Asking For An Attorney?
A: No. A criminal suspect's Miranda rights include being told they have the right to remain silent and the right to an attorney. However, these are two … More - Q: I Was Pulled Over For A Traffic Violation And Questioned. Isnt This An Illegal Interrogation?
A: Police questioning during a routine traffic stop is not usually considered to be an "illegal interrogation." An illegal interrogation is when the … More - Q: I Have Committed A Crime; Do I Have The Right To An Attorney?
A: The sixth amendment of the United States Constitution gives all individuals who have been accused of a crime in a state court to have the court provide an attorney if … More