What Is a Bail Bond?
Bail bonds are agreements that are legal in nature, between a licensed bail bond company and criminal defendant. The defendant will need to sign a contract, and promise to attend the court hearings. The defendant will be enabled to avoid jail as the case runs its course. It is a contract that is legally binding and solid. If the defendant does not show up in court at the assigned time, the bond will be forfeited, and the bail bonds company will be responsible for repaying this amount to the court.
How Bail Bonds Work
Once the bail amount is set by the court, it is known as the "bond". This is because it serves to bind the individual until his or her court date arrives. The bail bonds company makes a promise to pay the whole amount of the bond, in case the defendant does not make good on the deal and dishonors his or her contract. Many times, the company will accept a premium of 10 percent against the whole amount. For instance, if it is a $25,000 bond, the defendant may pay the company $250 to be released from jail.
How the Bail Is Determined in California
Each county in California sets bail amounts in accordance with the codes and statutes of the specific county. There are several factors which are taken into consideration to determine the amount. These include the following:
*Defendant's Criminal History
*The Likelihood that Defendant Will Show Up in Court
*The Severity of the Crime
Judges also have the option to adjust the bail. This is left to the discretion of the judge. They may disallow it, and keep the defendant in jail until the trial.
What Is the Cost of Posting Bail in California?
Most of the time, the cost will be 10 percent of the total amount. However, there are cases in which it has been lessened to 8 percent. Such matters are arranged between attorneys and judges.
Is Posting Bail the Same as Putting Up Collateral?
Sometimes it is the same, and sometimes not. We offer "no collateral" bail bonding, which enables defendants to receive bonds without having to offer collateral. Companies that require collateral will request items that are either equal to or over the amount of the bond. If the defendant fails to show up in court, the items will go towards recovering the cost of the bail.