Difference Between Bond And Bail In San Bernardino

Category:
State:
Multi-State
County:
San Bernardino
Control #:
US-00006DR
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Word; 
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Description

The difference between bond and bail in San Bernardino involves the financial mechanism used to secure the release of a defendant from custody. Bond typically refers to the arrangement made through a bail bonding company, which serves as a guarantee for the total bail amount, while bail is the amount paid in cash or property directly to the court. The Bail Bond Agreement form outlines the obligations of the applicant, including premium payments, indemnification of the bonding company, and cooperation in securing the release of the defendant. This form is pivotal for attorneys, partners, owners, associates, paralegals, and legal assistants as it delineates the responsibilities associated with obtaining a bail bond, ensuring compliance with legal obligations. Key features include instructions for filling out the applicant's information, the defendant's details, and conditions of payment. Proper completion of this form is essential to avoid forfeiture of the bond and protect against potential liabilities. Specific use cases include assisting clients in navigating the bail process efficiently, offering legal counsel on bail agreements, and managing records of bond obligations.
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FAQ

If a defendant can't post bail, they will remain in custody until their court hearing. If a defendant cannot personally post bail, they may ask family or friends to help them. Alternatively, they can engage a bail bond company to post a bond on their behalf.

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.

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. Impact on Employment and Family: Prolonged jail time can lead to job loss and financial strain.

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.

The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.

Visit the Jail's Website: Most county jails have a website. Look for a section labeled “Inmate Search” or “Jail Roster.” Enter the Details: You'll need some information like the defendant's name, booking number, or date of birth. Once entered, this should bring up details about the inmate, including the bond amount.

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Difference Between Bond And Bail In San Bernardino