BAIL
A
person who is arrested can be held in jail until he
is released on citation, on his own
recognizance (also known as O.R.
or “release on one’s own recognizance”)
or posts Bail. Bail is cash or a cash equivalent intended
to ensure the defendant’s personal appearance
at all times when it is lawfully required, whether before
or after conviction. Bail is set according to a uniform
countywide schedule of Bail. There are three ways to
post bail: pay with cash or, check or; pledge real or
personal property or use a bail bondsman.
(Note: In some cases, the equity available in real
property must be twice the value of the cash deposit
required for bail.)
How
Bail Bonds Work
A
Bail Bond is a contract between the
government and the surety. The surety acts as a guarantor
of the defendant’s appearance under the risk of
forfeiture of the bond. In other words, the court releases
the defendant from jail once a bail bond is put up for
the defendant. If the defendant fails to appear in court
or flees then the Bail Bond company pays the court the
entire bail amount.
Bail
Bonds companies charge a premium (8 – 10 % of
the designated bail) to post a bond with the court.
This premium is the bond seller’s fee for taking
the risk that the defendant won’t appear in court.
A bail bond may sound like a good idea, but buying a
bail bond may cost you more in the long run. The premium
you pay the bail bondsman is nonrefundable. Always consult
with an experienced criminal defense attorney
before posting a bond.
Los
Angeles Bail Bonds
Los
Angeles Bail Bonds
companies usually charge 8 to 10 percent of the total
bail amount to write a bail bond. For
example, if the judge sets bail at $50,000, the bail
bondsman will charge $4000 to $5000 to put
up the bail for the defendant. The bail bond
company usually requires a “co-signer”
for the bond (generally the defendant’s family
member, friend, or someone with excellent credit). Depending
on the seriousness of the charges, the bail
bond company may also require the co-signer
to pledge collateral (cash, a deed, or other valuable
property). In some cases, the Bail Bondsman may record
a lien on the co-signers or friend’s property
in order to secure the bail. If the defendant fails
to appear, the bail bonds company is
obligated to pay the court the bond amount. The bail
bondsman then turns around and collects the
bond amount from the co-signer. If the co-signer doesn’t
have the amount, the bail bond company
goes after the collateral.
The Right Criminal Defense Attorney
Makes the Difference
When
someone you know has been arrested for a misdemeanor
or felony charge, one of the first priorities is to
obtain the release from custody of the defendant. The
process of getting out of jail depends on where the
defendant is being held. The process varies from county
to county. You should consult a lawyer immediately and
turn to a Bail Bondsman as a last resort.
The
experienced criminal defense attorneys
at the Law Offices of Stephen G. Rodriguez & Associates
know what options are available depending on the defendant’s
circumstances. Stephen G. Rodriguez & Associates
regularly secure their clients’ release without
posting bail, which in some cases saves the clients
a lot of money. The money saved from not posting bail
may then be applied to the hiring of an aggressive los
angeles criminal defense attorney.
Contacting Our Law Firm
There
are many aspects of the bail process. The California
criminal defense attorneys at Stephen
G. Rodriguez & Associates are experienced criminal
defense lawyers who have handled thousands of criminal
cases in Los Angeles and surrounding Southern California
areas. They understand the bail process and know how
to work with judges, prosecutors, court personnel and
bail bond companies to get clients
released from jail as quickly and cost effectively as
possible. If you consult with us first,
we will determine if it is absolutely necessary to use
a bail bondsman, and if so, refer you to a bail bonds
company that we trust to handle your case with the care
and professionalism our firm demands.
If you or a family member have been arrested, call the
offices of Stephen G. Rodriguez and speak to a qualified
and experienced attorney for a FREE CONSULTATION regarding
your questions about bail bonds or legal assistance.