Backed For Bail Definition Law In San Jose

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

Description

The Bail Bond Agreement is a legal document used in San Jose that defines the terms under which a bail bond is secured for a defendant. It outlines the obligations of the applicant, who seeks the bond, and the bail bonding company (BBC) along with the surety company that guarantees the bail. Key features of this form include the payment of premiums for the bond, indemnification clauses protecting the BBC and surety from liabilities, and the applicant's responsibility to cooperate with the surety in the event of a forfeiture. Additionally, the agreement allows for the recovery of costs related to the bond's execution. Filling out the form requires providing the names and addresses of all involved parties and detailing the bond amount. Legal professionals such as attorneys, paralegals, and legal assistants may find this form useful in securing the prompt release of clients from custody, while ensuring compliance with relevant laws. The document serves both as a binding agreement and as a record of the financial implications and responsibilities of the applicant, making it essential in the bail process.
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FAQ

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.

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.

In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.

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.

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 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.

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.

The bail amount is based on the crime(s) for which the individual is arrested as well as his or hire criminal history. For example, misdemeanor bail typically starts at $5,000 – $10,000. Felony bail starts at $25,000 and increases depending on the seriousness and number of charges.

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Backed For Bail Definition Law In San Jose