How does a Bail Bond get Paid in California?

The California bail system was implemented in order to ensure that a person charged with a crime would attend all hearing dates set forth by the court. The bail is an amount of money the judge imposes on the defendant in order to be set free from jail while awaiting the court date.

It is important to note that the bail amount is not a punishment. As mentioned, it is an insurance for the court that the defendant will be coming back for the trial and hearings. The bail is eventually returned to the defendant after the trial no matter what the outcome is.

When it comes to the actual amount for bail, there are several factors that judge looks at in order to determine this.

  • Risk factor of the defendant fleeing from the case
  • The crime or nature of crime committed by the defendant
  • Looking at historical records to determine how “dangerous” the defendant is
  • Overall safety to the community if the defendant is released

Using all these factors, the judge would determine an amount appropriate for the situation. Because this amount needs to ensure the defendant’s cooperation with the following trials, this tends to be quite high. High enough that most people won’t have the cash on hand to pay for this, which is why they go with bail bonds.

What are Bail Bonds?

Simply put, bail bonds work in similar fashion as other types of surety bonds. A third party enters between the defendant and the court in order to ensure the payment of money. This is a very useful option for people who cannot pay for their bail.

Essentially what happens is that the bail bondsman will post bail for the defendant. The defendant would have to post collateral of course which is around the same amount as the actual bail.

Now if the defendant does not have enough property to serve as collateral, their family members and even friends can all help to provide the collateral needed. Once this is secure, the bail is processed.

From this point on, there are two things that can happen.

Defendant Appears in Court

The normal, anticipated, and hopeful outcome is that the defendant appears in all court hearings as scheduled. There would not be any problem in this case and after all is said and done, regardless of the outcome of the trial, the bail would be given back. The bail bond would automatically be dissolved, and all the collateral imposed on it would be turned back over.

However;

Defendant Does not Appear in Court

If the defendant runs away from the court in order to escape, then the bail bondsman is left with no other choice but to get the money from all the collateral posted against the bond. This can include properties, jewelry, cars, stocks, and any other property of value that can be used as collateral.

Bail Bond Payment

The entire point of a bail bond is to help the defendant because he or she does not have enough money to cover the bail imposed by the judge. But that does not mean they would not spend anything for the services of a bail bondsman.

In order to get a bail bond, the defendant would have to pay a certain percentage of the bail. This is usually at 10%. So, if the bail amount is set at $10,000, they would need to at least pay the bail bondsman with $1,000 upfront. The rest of the amount would then be covered by the collateral from the defendant.

Now after trial and the bail bond is dissolved, the collateral goes back to the defendant or to whoever posted them; but the initial payment of 10% stays with the bail bondsman as payment for the service provided. Basically, the defendant pays for 10% of the bond.

If the defendant leaves, of course all the collateral would be used by the bail bondsman in order to recoup the money owed to the court.

Looking for a Bail Bond?

San Luis Bail Bonds Ca are useful to help a person get out of a dire situation. When facing a criminal or even civil charge, getting out on bail is a good way to reconvene oneself and focus on what needs to be done next. It is difficult to plan the next steps while inside a jail cell.

If you are looking for a California appeal bond for yourself or someone you know, do not hesitate to contact us. At ABC Bonding, we help our clients from start to finish.we also provide services for posting bail in California. We listen to your situation and understand it so we can consult you with the best possible move.

Contact us today and take advantage of our free consultation.

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