Bond In Criminal Procedure In California

Category:
State:
Multi-State
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

Free preview
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement

Form popularity

FAQ

If a person can't make bail in Sacramento, they must remain in jail until their case eventually goes to trial. The so-called “pretrial detention” period — the time between when a person is arrested and their case reaches a courtroom for a trial — can take anywhere from several weeks to several years.

If you or a loved one are remanded without bond, it means there is no chance for release before a trial date. Instead, you will be required to remain in jail until your hearing.

The bond must be written by a surety company licensed through the California Department of Insurance. The business name and license number on the bond must correspond exactly with the business name and license number on the CSLB's records. The bond must have the signature of the attorney-in-fact for the surety company.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

A bail bond is a surety bond, which is posted by a bail bond company to the court as a guarantee for an arrestee's appearance at all court dates. The court will release an arrestee from detention upon posting of the bail bond.

Every individual contractor or contractor-qualifying individual working in California needs to file a $25,000 CSLB surety bond to establish or maintain their licensed status. Contractor companies structured as LLCs need a $100,000 CSLB bond to provide additional protection for employees.

'Bail' and 'bond' are often used interchangeably. Both allow defendants to be released from custody while their charges are pending. But there is an essential distinction between them. A bond acts as a guarantee rather than a deposit.

Trusted and secure by over 3 million people of the world’s leading companies

Bond In Criminal Procedure In California