Posting Bail in California: 5 Things You Need To Know

There’s a lot of misconceptions about the bail bonds industry in California.  In this blog, I’m going to provide some detailed information which should give you a better understanding of the industry in general, and what to expect if you ever require the services of a bail bondsman.

Here are five things you need to know about posting bail in California:

1. Prices For Bail Bond Services Are Regulated by the State

Bail bond companies in California cannot just charge any amount for their services; in California the price is mandated at 10% of the bond amount (although sometimes it can be lowered to 8% in certain circumstances).

Let’s go with an example.  If a judge sets bail at $100k, then the bail bond company will charge their client 10% of this amount for putting up the bond.  That’s $10k. This $10k is known as “the premium”.  The premium is the company’s fee and is non-refundable.

If you’re shopping around, you need to ensure that the premium a bail bonds company quotes you is not just a down payment on further installments that are expected later.   Read our blog on how to choose a bail bondsman in California.

2. While Out On Bail, Don’t Leave the Area Without Permission

It can take a while for a case to get to court, typically months and sometimes years.  Occasionally we’ll be asked by a client if a trip is allowed out of state, or even the country.  The answer will depend on the circumstances of the alleged crime, the client’s previous record, and the amount of bail that has been put up.  There will also be consideration as to why the client needs to take the requested trip; it cannot be for just any reason.  For instance, a trip to visit a dying family member out of state would be considered a legitimate request, a vacation would not be.

Permission must be granted not just from the bail bonds company, but from the court.  This should be done even if the court has not stipulated that the individual out on bail remain in California.  Leaving without permission may result in re-arrest and the bail being forfeited, meaning the client will owe the bail bonds company the full amount of the bail.

The client would then need to post bond yet again with a new contract and new premium, in order to be released.

3. Understanding How Not to Forfeit A Bond

As long as a client shows up for the required court appearances, then there shouldn’t be any issues with the bond.  If something happens that is out of the client’s control, such as an accident or illness resulting in a court absence, then those circumstances will be taken into consideration.  Proof will be required though and the client’s lawyer, the court and bail bonds company should be notified as soon as is reasonably possible.

Sometimes we’re asked if the outcome of a client’s trial (for instance, a guilty verdict) has any bearing on the bond in place.  It doesn’t.  The court will pay the bond amount back to the bail bonds agency, once the trial is over, regardless of the verdict.

4. The Ramifications of A Re-Arrest

If a client out on bail gets re-arrested, then a new bond has to be arranged for and a new premium paid.  It will be a completely separate agreement.

5. How To Begin The Process

Before you call or visit a bail bonds company for help, be prepared to provide the following information:

• Full legal name of person in custody
• Occupation
• Date and location of birth
• Phone and address information
• Prior arrest details (if any)
• Booking number
• Name of jail and location
• Bail amount

The process of getting someone released from jail takes time. After the paperwork is filed, it can take a few hours or even up to a day depending on how busy the jail is.  This is not a process that the bondsman can speed up, however, being prepared with the information needed will mean that the bondsman can file the paperwork as soon as possible.