Bail Versus Bond Formation In San Diego

Category:
State:
Multi-State
County:
San Diego
Control #:
US-00006DR
Format:
Word; 
Rich Text
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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.

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FAQ

In some jurisdictions, the court may also allow you to post a property bond, which will use property that you own as collateral for your conditional release. Unfortunately, though, if your bail amount is high, you may not have the resources to post bail with the court on your own.

The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).

Yes, in California, you do have the option to bail yourself out of jail under certain circumstances. When you're arrested and booked into jail, the authorities will set a bail amount if you are not considered a danger to society or a high flight risk.

The process of securing a property bond involves several steps, including: Property Valuation. The court requires an appraisal of the property to verify its value and ensure it meets the required equity threshold. Lien Placement. Legal Documentation. Court Approval. Defendant's Release.

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 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.

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.

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.

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.

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Bail Versus Bond Formation In San Diego