How to Secure a Bail Bond
The question is, “How do I obtain a bail bond?” Answer: It’s simple and it’s quick – it may take only 30 minutes, at the most.
We’ll need some information from you, such as, what is your relation to the person in jail, how long have you lived in your current place of residence, and how long have you been at your present job? This gives us a good understanding of you – the potential signer for the defendant in jail. It’s really very simple. Remember, bailing people out of jail is all we do!
FACT: A bondsman guarantees to the court that the person will appear to face his/ or her charge.
The Basic Structure of a Bond
There are two parts to a bond. The fee, which is the fee charged to the customer and is based on the full bond amount of the bond. This can be paid with a credit card, check, cash or if necessary – we’ll help you with a short term loan, if necessary. In most cases we can do a signature bond, which means that no collateral is taken; we’ve based our decision on the merits of the bond and the financial strength of the signer. The real issue in obtaining a bond is that you talk straight to the bondsman, be realistic about your ability to pay, and understand the need to get that person to court, because you are accepting the full financial responsibility for them should they forfeit. Again, the total process may take only 30 minutes. Remember, we are here to help you!
What Happens To The Person Who Just Got Arrested?
This question is frequently asked by those who are for the first time faced with helping a person get out of jail. First, the arrestee is taken to a holding facility and the person is ‘booked in’. This booking process involves fingerprinting, the so-called mug-shot, and a search to find if any outstanding warrants exit. The charges are confirmed, the bail amount is set. This process may take a few hours. If no outstanding warrants exist and this is not a capital crime (murder), the person is eligible for bail.
What About a Forfeiture?
Just What Happens When a Forfeiture Occurs? This seems to be an area that most people don’t understand very well. The action of forfeiture is when a person does not make their court appearance. Although it can compromise the bail agreement and the court’s view of the defendant, it can be solved sometimes very simply. We know things can go wrong and failing to appear in court at the appropriate time and place – happens. And yes, a bench warrant will be issued, but remember, a bail bond company can be a good friend in many cases. We know the court system and can suggest your best approach with the courts. So, if your person fails to go to court, please inform us immediately. We work for you – our valued customer.
What Does Exoneration Mean and When Am I Released From My Financial Responsibility?
Exoneration of charges is the full release of a person from his / her court cases, which means that a person has appeared in court at all required times and has satisfied the court with regards to the final sentencing /determination on all charges. The court will then release the bail company from all financial responsibility. This means you, as the signer, will also be released from financial responsibility on the bond. Any collateral held, any monies pledged, or any property recorded for this bond will be returned. (Some fees may be deducted – each bond is different).
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At times criminal cases can be ongoing and can continue for well over a year. Some bail agencies require you, the client, to pay the premium again for every year the case continues. Serious cases can continue for many years and can cost an individual and family thousands of dollars per year. Bail Busters NEVER charges annual premiums and the bail premium is a one time fee unless monthly payments have been arranged. Bail Busters main priority is to help and offer comfort to our clients and we understand the need for efficiency and emotional support in such a dire and personal situation. We offer discreet and confidential assistance and if needed we will drive the client home.
California Bail Bond Laws
All California Bail Agents must be licensed and monitored by the California Department of Insurance. These bail agents must organize themselves and their businesses such that they meet all laws, rules and regulations stated in the California Insurance Codes. Also, the California Penal Codes and California Code of Regulations state many laws that relate to the actions and demeanor of Los Angeles bail agents. Below are summaries of pertinent laws when dealing with the bail system.
California Penal Code:
It is Illegal for Any Bail Agent to Solicit to Any Jail Inmates for Bail Business
- (a) No bail licensee in Los Angeles or Orange County may employ, engage, solicit, pay, or promise any payment, compensation, consideration or thing of value to any person incarcerated in any prison, jail, or other place of detention for the purpose of that person soliciting bail on behalf of the licensee. This includes inmates in jails operated by the Los Angeles Sheriff's’ Department and the Orange County Sheriff’s Department and colluding with bail agents. A violation of this section is a misdemeanor.
Defendants Have the Right to a Bail Review Hearing
1270.2 When a person is detained in custody on a criminal charge prior to conviction, that person is entitled to an automatic review of the order fixing the amount of the bail by the judge or magistrate having jurisdiction of the offense. That review shall be held not later than five days from the time of the original order fixing the amount of bail on the original accusatory pleading. The defendant also has the right to waive this review.
Setting a Bail Amount
1275 (a) In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record, and the probability of a flight risk. That means that Los Angeles and Orange County Judges can set the bail amount at whatever they deem appropriate
Examination of the Funds in a Bail
1275.1 Bail shall not be accepted unless a judge or magistrate finds that no portion of the bail premium and collateral was received feloniously by the bail bond company.The Los Angeles and Orange County Courts have the right to evaluate how a defendant is bailing out of jail and will prevent their release if felonious money will be used.
Disclosure of Lien Against Your Property
1276.5. (a) If using properties or real estate to secure bail bond and a lien against real property is used, the bail bond licensee shall provide the property owner with a written disclosure statement in the following form:
DISCLOSURE OF LIEN AGAINST REAL PROPERTY DO NOT SIGN THIS DOCUMENT UNTIL YOU READ AND UNDERSTAND IT! THIS BAIL BOND WILL BE SECURED BY REAL PROPERTY YOU OWN OR IN WHICH YOU HAVE AN INTEREST. THE FAILURE TO PAY THE BAIL BOND PREMIUMS WHEN DUE OR THE FAILURE OF THE DEFENDANT TO COMPLY WITH THE CONDITIONS OF BAIL COULD RESULT IN THE LOSS OF YOUR PROPERTY!
It is required that the property owner(s) read and sign the above statement and that the property owners receive a copy after signing.
Bail Agent’s Right to Surrender Defendant
- (a) At any time before the forfeiture, the bail agent may surrender the defendant back into custody. It is necessary for the bail agent to show reasonable cause to surrender the defendant back to the court within 48 hours or the judge could order that part or the full premium be returned to the defendant or whomever paid the bail premium.
If No Charges Are Filed After 15 Days, Automatic Exoneration
- If a defendant is out on bail and no charges have been filed against them on or before their first court appearance, the bail bond shall be exonerated after a period of 15 days has elapsed since their first court appearance.
California Insurance Codes:
Advertising on the Internet
- (a) A person who is licensed in this state as an insurance agent or broker, advertises insurance on the Internet, and transacts insurance in this state, shall identify all of the following information on the Internet:
- His or her name as it appears on his or her insurance license
- The state of his or her domicile and principal place of business.
- His or her license number.
- A person shall be deemed to be transacting insurance in this state when the person advertises on the Internet, regardless of whether the insurance agent or broker maintains his or her Internet presence or if it is maintained on his or her behalf.
No Advertising or Soliciting Without a License
- (a) It is illegal to advertise or solicit for bail unless one has an active and valid bail license.
Title 10 California Code Of Regulations:
Payment of Commissions; Unlawful Rebates; Prohibited.
2054.4 No person may receive commission on bail or the transaction of bail unless he or she holds a bail license. No Los Angeles or Orange County bail agents and companies shall pay unlicensed people to refer business.
Suggesting or Recommending Attorney; Prohibited.
- No bail licensee shall in any manner, directly or indirectly, suggest the name of or recommend any attorney to any arrestee or person purporting to act for or represent the arrestee.
- Unlawful Solicitations; Place.
- No bail agent shall solicit any person for bail in any prison, jail, or other place of detention of persons, courts or public institution connected with the administration of justice; or in the halls or corridors adjacent thereto;
Soliciting of Bail; Persons.
- No bail agent shall solicit:
- An arrestee
- The arrestee’s attorney
3.An adult member of arrestee’s immediate family
4.Such other person as the arrestee shall specifically designate in writing.