Bail Bond FAQs in San Diego, CA
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If you or a loved one is arrested on criminal charges, then you are likely overwhelmed with the stress of dealing with the legal system. Since the first priority is to secure the release of the accused from jail, “The King” offers these answers to commonly asked questions about the bail bonding process.
Q. What is the reason the court requires money or property before releasing a person accused of a crime?
Bail, which is a set amount of money or property value required by the court before a person is released from custody while he or she awaiting trial, acts a guarantee the accused will appear in court for their trial date. If the person does not appear for the hearing associated with their case or for their trial, the court demands the full amount of the bond and issues a bench warrant for the defendant.
Q. What are the advantages of obtaining a bail bond instead of using cash to secure my release, or that of my loved one, from jail?
Although it might seem simpler to use your own funds to post bail, you need to remember you will not have access to these funds until months after the trial concludes. Given the significant expense involved in mounting a robust legal defense, you want to have access to your funds so you do not have to cut corners and compromise your case.
In addition, if the accused is charged with a drug crime or an offense that requires a large sum of cash, you must go through another hearing to prove the funds were obtained through legitimate, non-felonious means.
Q. How does a bail bond work?
A bail bond is essentially a contractual arrangement between the accused and a bail bondsman. The contract outlines the terms under which the accused pays a small portion of the bail cost, typically 10 percent, and the bail bonding firm will put up the entire amount in bond form and provide assurance to the court the individual will appear on his or her trial date.
Q. What happens if I do not keep the terms of my bail contract?
If you fail to appear in court, the bail bonding agency loses the money they posted for bail. The judge will issue a bench warrant and the bail bondsman will employ bail enforcement agents, also called bounty hunters, to locate you and bring you to appear before the court. This prevents the bail bonding agency from forfeiting the money they posted for your release.
Q. If I post a cash bond, will the money be returned to me at the end of the legal proceedings?
After your trial has concluded, you will receive your bail money back within 60 to 90 days. If you are required to pay any fines or court costs, these will be deducted from your bail refund. Cash bonds are posted directly at the jail, without the aid of a bail Bondsman.
Q. Is the 10 percent premium paid to my bail bondsman refundable?
No. The premium is the payment for the bail bonding agencies services.
Q. Does it make a difference which bail bondsman I choose?
Since dealing with the legal system is complex, you need to work with a professional bail bondsman who has a stellar reputation and years of experience.
In addition to helping secure your release, the team at the bail bonding agency works with you, doing everything possible to support your efforts in maintaining your freedom.
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