Bail In Criminal Procedure In Santa Clara

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

Description

The Bail Bond Agreement is a crucial document in the criminal procedure for securing a defendant's release in Santa Clara. This form facilitates the arrangement for a bail bond by outlining the responsibilities of the applicant, bail bonding company, and surety involved. Key features include the payment of a premium, indemnification responsibilities, provisions for forfeiture, and the requirement for cooperation in case of bond enforcement. Users are expected to fill in relevant information, including names, addresses, and the bail amount, and to understand the binding obligations they are accepting. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form essential for representing clients seeking bail, as it streamlines the process and ensures compliance with local standards. Its clarity helps users with varying legal experience understand their commitments, while active language guides effective completion. This agreement not only outlines financial responsibilities but also ensures that all parties are aware of potential liabilities related to the bail bond.
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FAQ

Some examples of typical bail amounts for common crimes are: Petty theft: $50 to $1,000. DUI: $500 to $10,000. Assault: $1,000 to $50,000. Murder: $1 million or more.

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.

All judges in each California county are required to meet once a year to set the bail schedule for their county (California Penal Code section 1269b(c)). This California bail schedule determines the amount of bail for each crime committed (California Penal Code section 1269b(f)).

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.

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.

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.

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.

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Bail In Criminal Procedure In Santa Clara