The collateral is usually preferred to be liquid, such as an irrevocable letter of credit, but some sureties will also take other pieces of collateral, such as certain equipment or even real property. A Collateral Bond is different when used in the context of a surety bond.
For instance, a California judge might post bail at $50,000, letting the defendant secure their release for just $5,000. However, judges may not grant bail in some situations. When this happens, it can result in a “no bond” situation.
If a defendant cannot afford bail, then at the arraignment or any hearing while still incarcerated the defendant can request a bail reduction or release without bail. That must be supported with evidence that the defendant is unlikely to reoffend or to flee.
Any felony where the court finds, with clear and convincing evidence, that the person violated a major condition of release while on bail. Domestic violence offenses (both felony and misdemeanor), if the court believes the person poses a serious danger to the alleged victim.
While it may seem surprising, in most cases the police do not need a warrant arrest you. It all comes down to probable cause — if the police have probable cause to believe that you have committed a crime, they can arrest you without going to a judge for a warrant first.
Failing to post bond has several consequences: Extended Jail Time: You remain in custody until your court date, ranging from weeks to months. Court Appearances: Regular court appearances are required.
An arrest warrant is valid until it is served or until the court that issued it invalidates it. This may be done on motion of the prosecuting authority or as a “housekeeping” measure by the court itself.
The bail bond agent will need you to sign some paperwork in order for you to secure their services. This usually means paying an amount to the agent, usually a percentage of the total bail amount, and signing off on any collateral for the bond.
If arrested or called in for questioning, California Penal Code Section 825 states that defendants must be brought before a judge within 48 hours to determine whether they will be charged or released. In other words, you can be held for 48 hours without charges.