Since it is unlawful for the court to hold you for long before you are determined guilty through a jury trial, courts allow defendants to obtain a bail release. You pay an amount of money to the court to secure your release from police custody as you await trial and the conclusion of your case. Typically, the judge allows bail release provided the defendant can agree to specific conditions, like making all court appearances related to their case without fail. You must also not commit additional crimes while out on bail.
It does not take the judge a long time to set your bail. They consider a few factors, like the details of your case and criminal history, to determine how much you must pay to secure your pretrial release. If your bail is high and unaffordable, even for your family, a reliable Temecula bail bondsman can help you post a surety bond. Here is helpful information regarding the bail process and how judges set the amount.
How Long After Arrest Does the Judge Set Your Bail?
The processes following an arrest are pretty fast because it is unlawful for the police to keep you long in custody before your initial arraignment. After your arrest and booking, the arresting officer quickly refers your case to a prosecutor for filing. You must make your first court appearance within 48 hours of your arrest. Within that time, the judge must receive and review your case. It makes it easier for the judge to set bail based on your criminal history and the gravity of the case.
Note that it is only the judge who can set your bail. First, they must consider your suitability for bail release. People with strong ties within the community, like a permanent job, business, or family, are considered suitable for bail. People like these will likely remain within the court’s jurisdiction after bail release. If you do not have any ties to the community, you will likely flee the court’s jurisdiction after bail release. That makes you eligible for bail.
The judge also considers your safety and the safety of your family or community when ruling on the bail matter. If you are at risk of suffering harm or if you are a threat to your family or community, the judge can order you to remain in police custody until the conclusion of your case. But if you are not at risk or do not pose any threat to anyone, the judge will grant you a pretrial release.
How The Judge Determines Your Bail
The judge will ask you to take a plea to your charges during your first arraignment. If you plead guilty, the judge will not hold a bail hearing. The case will proceed straight to sentencing. But if you plead not guilty or enter a plea of no contest, the judge will bring up the bail matter. The judge will inform you if you are not eligible for bail during that hearing. But you can contest the judge’s decision with the help of an attorney. If you qualify for bail, they will order you to pay a particular amount for a pretrial release.
Typically, judges use the bail scheduling system to determine your bail amount. The system sets bail amounts according to the severity of the criminal charges. Felony charges require a higher bail amount than misdemeanor charges. But even with the bail scheduling system, judges set the bail amount on a case-by-case basis. They must consider other factors, like the circumstances of your case, to determine your actual bail. Bail schedules only guide judges in setting the amount. After reviewing your case and criminal history, the judge determines the bail.
First-time offenders are often released on their own recognizance. They do not pay any bail to obtain a pretrial release. But they must convince the judge of their willingness and ability to make all court appearances without fail. The judge can deny a habitual offender bail, especially if there is a likelihood of reoffending while out on bail. The judge can set a fair amount for a misdemeanor or felony charge, depending on the details of your case. But if you face charges for a violent felony, the judge can set a higher amount.
Instead of denying you bail for a serious or violent felony or other factors like being a flight risk, the judge can set your bail high. A higher bail means you stand to lose a lot of money if you fail to appear or violate your bail conditions. It could also discourage high-risk offenders from making bail. Remember that if you cannot afford bail, you will remain in police custody until the conclusion of your case. But your attorney can negotiate for a bail reduction.
What To Do If The Amount is High
Bail is generally expensive. Remember that its role is to guarantee your court appearances. If the judges were to set a low amount, many defendants would skip bail since it would not be a big deal to lose a small amount.
However, your bail can be more expensive if the circumstances of your case and your criminal history allow. For example, if you have a serious criminal record and/or face felony charges, the amount will be high. The judge could also set a high amount if they are unsure of your willingness to make all court appearances.
If you feel your bail is more than you can afford, you can request a bail reduction hearing with the judge. In this hearing, you will present arguments and evidence that the bail is more than you can afford. You must also demonstrate your readiness to appear in all court sessions for trial and determination of your case. If the judge accepts your petition, they will reduce your bail. But you must meet some criteria, for example, finding a job, to create a strong tie within your community.
Alternatively, you can engage the help of a Temecula bail bondsman if your bail is unaffordable for you or your family. Bail bondsmen are third-party companies offering financial assistance to defendants and families that cannot afford a pretrial release. The bail bondsman will inform you of what they expect of you and process your release immediately after you meet their requirements. Working with a bail bondsman takes a relatively short time to make bail.
How To Make Bail
After setting your bail, the judge will give you a few options for making bail. Remember that sometimes judges release defendants on their own recognizance. The judge can grant you this release if you are a first-time offender and face less serious misdemeanor charges. It means that you will not pay any bail to the court to obtain a pretrial release. If you do not qualify for OR release, you must post bail for the court to sign your release.
Here are some typical ways you can make bail after your arrest:
Cash Bail
You will pay the total amount set by the judge to make cash bail. You or a family member or friend can pay on your behalf using a money order, check, or cash. This option is preferred mainly by people with the required amount or in the bank. You can quickly write a check to the court or withdraw and make the whole payment in cash. The court keeps the money and gives it back to you in full after the case, regardless of the case’s outcome.
However, you can lose the entire amount if you violate any bail condition, for example, by failing to appear. Even though you will be re-arrested, the court will keep your full bail.
Bail Bonds
Bail bonds are a popular way of making bail today. Courts allow the involvement of bail bondsmen in the bail process to assist defendants who cannot afford bail. But the bail bondsman must be sure of your willingness to appear and honor all your bail conditions before agreeing to help you post bail.
Bail bondsmen charge a standard amount for their services, though some companies charge less. You will first pay a non-refundable amount, usually 10% of the bail. That payment will also serve as the fee for the bail bond service. The company could also ask you to provide collateral for the service. You can use anything of value as collateral, including your real estate property, vehicle, stocks, bonds, expensive jewelry, or art collection. The bondsman will keep the collateral until the conclusion of your case.
If you honor all your court dates and the trial goes smoothly, the bondsman will return your collateral after the case. But you will lose the collateral if you fail to appear or violate any other bail condition, causing the court to forfeit your bail.
The bail process can be complicated if you do not have legal help. But a bondsman can help you navigate the court processes involved. You must agree to the bail bond service conditions, pay the premium, and sign an agreement with the bondsman. The company will handle everything else on your behalf.
Another advantage of working with bondsmen is that you do not need to visit their offices to learn about their services and sign an agreement. You can do that online or via phone. Bail bondsmen have made their services accessible for defendants and their families. Once you show interest in their services, the company will send someone over to you to explain the process and requirements.
Once the bondsman pays your bail and processes your release from police custody, you must honor all court dates and conditions. That includes making all court appearances related to your case and not engaging in crime while on bail. If you fail, you will be arrested, and the court will order the bondsman to pay your full bail. The company will sell your collateral to raise the required amount.
Choosing a Temecula Bail Bondsman
Bail bondsmen are always available with the required money for your pretrial release. You only need to do a little when working with a bondsman since the company takes care of everything. You are assured of a quick bail process since they know the local courts and jackals. These are some of the benefits of working with a Temecula bail bondsman.
The amount they charge for the bond service is small compared to what you need to post cash bail. Raising 10% of the bail is easier than raising the total bail. Besides, some companies allow flexible payments for defendants who cannot pay the entire amount upfront.
But you must carefully choose a bondsman to enjoy the best bail bond service after your arrest. Choose a company that is reliable and available when you need help. Remember that your arrest can happen even in the middle of the night. A bondsman who is available around the clock is most preferred. They can start the bail process right after your arrest to reduce the time you need to remain in police custody.
Additionally, choose an affordable bondsman. Even though the standard charge for bond service is 10%, some companies offer a lower rate than that. A lower rate means that you will pay less for the service.
A company that understands the importance of confidentiality is also the best choice. Your arrest should not be a public matter. If you want to keep it confidential, your chosen bondsman should understand and honor that.
Find a Reliable Temecula Bail Bondsman Near Me
It helps to know that you can obtain a pretrial release after your arrest by paying bail to the court. Though the amount is predetermined through a bail scheduling system, the judge sets the final amount based on the details of your case and your criminal history.
The bail process entails a lot that could be difficult to understand. Contacting a reliable Temecula bail bondsman right after arrest will ensure the court process does not take longer. It will also reduce the time you need to remain in jail pending trial.
We can partner with you at Fausto Bail Bonds for a smooth bail process after your arrest. Our bond service is reliable, affordable, and timely. We are also very flexible regarding payments and the payment methods you use. Call us at 855-328-7867 to learn more about your bail and our services.