How Bail Works
Many people are interested in knowing how bail works, and what is the function and purpose of a bail bond. Just like many other legal processes, the process of bail may prove a gray area for many. Here is all you need to know about bail bonds in Huntington Beach California.
What is a Bail Bond?
Bail bonds are a type of guarantee or security for a person who has committed a crime. A person who is accused of a crime can be held in prison until he appears in court. In California, a person can be held up to 48 business hours. Bail bond companies secure the release of the defendant and take a guarantee that the accused will appear in the court on the given date and time.
How Bail works
Bail bonds are issued by “Bail Agents” who are experts at dealing with the paperwork and underwriting related to the bail and jail system. Bail agents represent their bail companies, and can issue a bond in return of a collateral such as a deed, property or cash. Once the bail bond has been issued, the defendant is freed from custody and does not have to stay in jail awaiting their court appearances. If the defendant refuses to show up on the day of the hearing, the bond company has a pre-defined amount of time to bring the defendant back to court. If the defendant is not brought before the judge, the bond becomes payable and the collateral might be used for payment.
What is the Purpose of Bail System?
The bail system goes all the way back to British colonial era and even back to medieval times. The purpose of bail system is the protection of the criminal defendant and the federal government. Bail bond works both ways – it ensures that the criminal will appear in the court and not run away, and allows the criminal defendant to avoid the strict jail life.
How Does the Process Work?
In case someone is arrested, the relative or friend of the defendant will approach a bail agency. The company will ask questions regarding the nature of charges, bail amount and the defendant’s criminal history. After information collection, a co-signer will have to sign the paperwork. Once the paperwork has been finalized, the bail agent will file the bond with the jail and the defendant will be released. In return, bail bond companies charge 10% of the bail amount as a fee. Bail amounts are set by the county judicial system every year. This is called the uniform bail schedule.
Bail Bonds in California
In the state of California, bail bond fee costs are set by the California Department of Insurance with no rate negotiations. All bail bond companies charge 10% of the bail. If the bail amount is $10,000 dollars, the bail bond fees will be $1,000 dollars. There are no additional charges or taxes involved.
According to California Penal Code Section 1276, the bail bond fee or the premium is non-refundable. For this reason, bail bond agencies keep a strict monitoring check on their client to ensure that the defendant appears in the court.
There are two types of bonds that a person can get when accused of a crime. He either has to arrange a bail bond or pay cash upfront. Knowing how bail works is very important since a bail agent can quickly secure the release of the defendant and reduce the percentage of money needed overall.
If you have any questions, please call us at 714-916-5509 to speak with one of our professional Bail Agents.