If you have been arrested, it is essential to know that you have the right to secure a release on bail as you await your trial. While there are several ways of posting your bail, seeking the services of an experienced Industry bail bonds agent is the most effective, mainly if you cannot afford to pay the entire bail amount. The agents at Alomar Bail Bonds can answer your questions and offer world-class and pocket-friendly services to ensure you are released as soon as possible. We are available 24/7.
How Bail Bond Works
In Industry, bail is an agreement to the court and condition of pretrial release following an arrest for a crime. In other words, it is the amount you post with the court to secure your release until the criminal case is closed. You can post your bond by putting up assets or money or even promising to comply with specific release conditions.
When a defendant or their loved ones do not have adequate funds to put up the entire bail amount, they can pay a 10% non-refundable premium to a bail bond agent. Sometimes the agent can request collateral. Generally, the collateral against the bail bond can equal or exceed the set bail amount. It can be jewelry, heavy machinery equipment, motor vehicles, stocks, and real estate.
Determining Bail Amount in Industry
Every California county has bail schedules that specify bail amounts for different offenses. You can obtain your release immediately after booking by posting the bail amount outlined in the bail schedule. Bail schedules vary significantly according to the type of offense and locality.
Typically, the more dangerous and severe the crime, the higher the bail amount. That means bail for a felony is five to ten times the bail amount required for a misdemeanor.
Other factors that affect bail amount include:
- Nature and circumstances surrounding the alleged crime
- Community ties
- Employment history and your finances
- History of skipping bail
- Current probation or parole status
- History of substance abuse and mental illness
Police officers do not accept bail other than the amount outlined in the schedule. If you want to pay a reduced bail amount, you should go before the judge during your arraignment or bail hearing.
Depending on your case circumstances, the judge can lower or raise the bail amount or even grant release on your own recognizance (O.R.).
Persuading the Judge to Reduce Your Bail Amount
Some factors your criminal defense attorney can address when attempting to obtain a reduced or an O.R. release for you include:
- Danger to your community — Your attorney can argue that you will not hurt yourself or any other person while out of police custody. The argument is more effective if you are charged with a nonviolent crime.
- Your criminal history — The lawyer will work to present your experience with the California justice system in your favor. Your attorney will emphasize that if you do not have a criminal record. If you have a previous criminal record, your lawyer will stress that you complied with all conditions linked to your charges, including attending all court hearings.
- Community ties — Having a stable job and robust family ties shows that you are less likely to flee the jurisdiction. Judges are impressed when employers and loved ones come to court to support the defendant.
Typically, suspects benefit from skilled legal assistance at a bail hearing. Seasoned defense lawyers know what factors specific judges find essential when considering O.R. release or reduced bail requests. Additionally, your lawyer will discuss your case with the prosecutor before your bail hearing and convince the judge that the criminal charge is not as severe as it looks on paper. Finally, judges take attorneys’ arguments more seriously than those of self-represented individuals.
On top of setting the bail amount, the judge can impose terms and conditions. The rationale for imposing any bail condition is to avoid pretrial detention for a defendant who is likely to show up in court and does not pose a safety threat.
Conditions can include (not limited to):
- Domestic violence or mental health counseling
- House arrest with electronic monitoring
- Substance abuse treatment
- Restricting travel
- Surrendering a driver’s license and passport
- Not driving with any level of alcohol in your bloodstream
- Stay away order (No contact with the alleged victim)
- Surrendering weapons
- Online, text, and phone check-ins with designated agency
The court can revoke your bail if you fail to adhere to your bail conditions.
You Can Appeal Your Bail Conditions
When the California appellate court reviews a trial court’s bail decision, it uses an “abuse of discretion” standard. That means the California appellate court will uphold the trial court’s bail conditions if they are reasonable.
When determining the bail conditions, the judge should:
- Determine that the conditions are reasonable and essential to ensure the court appearance and community safety
- Calculate what conditions and bail conditions are crucial to ensuring public safety and increasing the chances of the court appearance taking into account the defendant’s financial condition
What To Do If You Want to Leave Your State
Sometimes, you might be required to leave Industry or state before the scheduled court hearing while out of police custody on bail. It can be due to sudden death or sickness of your loved one, or you need medical attention at an out-of-state healthcare facility.
When any of these circumstances arise, you should know the process of receiving permission to leave the state. You risk facing additional criminal consequences and bail forfeiture if not done correctly.
Receive Permission From the Judge
If one of your release conditions remains within the state lines, you should seek permission from the court to leave. Otherwise, the court will issue a warrant for your arrest. If arrested, the police will return you to police custody.
Additionally, the court will forfeit the entire bail amount. Your co-signer or Industry bail bond agent will be on the hook for the bail.
The judge can deny a request to leave California or the U.S., especially if you are deemed a flight risk. Nevertheless, the court can still reject your request even if you are not considered a flight risk if the request appears frivolous or unwarranted. For instance, the judge can deny a request to attend a wedding or take a vacation.
Contact Your Co-signer and Bail Bond Agent
Always contact your bail bond agency before traveling, even if the court did not instruct you to remain in California. At Alomar Bail Bonds, we know that your life does not stop after your release on bail and can guide you accordingly.
Remember to seek your co-signer’s permission. The co-signer faces financial consequences if the accused person fails to attend their court hearings or flees. Since co-signers are close friends or family members, the co-signer will be willing to grant permission if your reason for the travel request is a dire situation.
Always ensure all parties in your bond agreement are on the same page.
What Occurs If You Skip Bail
If you fail to appear (FTA) for your scheduled court hearing, the judge will forfeit your bail amount and issue a bench warrant for your arrest.
If you post cash bail, you risk losing the entire amount. The same applies to Industry bail bonds, although your bondsman is on the hook. If you used collateral, your bail bond agency can sell it and recover the amount the court forfeited. The agency can engage bounty hunters to look for you if there is no collateral. A bounty hunter is paid a percentage of your bond amount after apprehending the defendant.
A bench warrant is issued when court employees prepare the warrant paperwork, the judge signs it, and the police use it to arrest you. Police officers are notified of the bench warrant via computer systems. The court will also mail you a copy. Once you are aware of your warrant, you can choose to appear in court or wait to be arrested and detained until your trial date. Generally, the police can arrest you when you least expect it. It can be at your home, workplace, or during a traffic stop.
However, the court can vacate the forfeiture order and exonerate your Industry bail bonds if you appear within six months of the forfeiture date. It would be wise for your criminal defense lawyer to contact the court clerk and notify the court of your intentions to appear in court. The judge can schedule a court hearing where you prove your adherence to the order or pay a fine to clear up the outstanding matter. If you have valid excuses, the judge can recall your warrant.
Some of the valid excuses include:
- You were not aware of the scheduled court hearing because the court mailed it to the wrong address
- You had an emergency to take care of (It can be you had to rush a loved one to the hospital or suffered from a sudden medical condition)
- You wrote a wrong date
- You were in police custody on a different matter
- You did not have the means to go to the court and were unable to notify the court of the inability to show up
Please note that a defendant cannot use the following as legal defenses to FTA charges:
- They did not want to attend the scheduled court hearing
- They did not come because they believed they were innocent
- They had other matters to take care of
A bench warrant is a criminal record, and a background search can hinder you from securing lucrative employment or leaving California or the United States. Consequently, you should act promptly and hire skilled legal assistance for optimal outcomes.
Mistakes to Avoid When Posting Bail
Being arrested can be confusing and overwhelming, and you will want to find the easiest way to secure your release and return to what matters most. Posting an Industry bail bond is the best option, mainly if you cannot raise the required bail amount. Regrettably, most people jeopardize the release by making the following mistakes when posting bail.
Lying on the Bail Bond Application
The bondsman will request numerous pieces of information before posting bail on your behalf. They will require you to provide basic information like your phone number and address. The details are essential because, after your release, the agency will stay in contact with you.
Additionally, the agent can require you to provide the names and contact details of persons who can vouch for you.
Ensure you are truthful to avoid the agency and the court revoking your bond.
Waiting Too Long to Secure Bail
Even if you have been arrested during the night's wee hours, do not assume that you should wait for the morning to contact a bail bond agent. Most bonding agencies are available round the clock. Ensure you call a skilled bond agent after consulting a qualified attorney. Every minute you spend behind bars hurts your case.
Posting bail can be time-consuming; you will spend hours finding a co-signer, working with the court, and filling in the proper paperwork. The compassionate bail agents at Alomar Bail Bonds will be glad to help you secure your release, no matter what time of the day.
If a loved one secures your release, they will require essential information about you before speaking with the bondsman. It includes:
- Your name
- Birthday date
- Address and telephone number
- Alleged crime
- The city and county in which you were arrested
- The jurisdiction holding you
- Your booking number
- The set bail amount
- Having these details on hand can speed up the release process.
Glossing Over the Paperwork and Failing to Gather Information
Before your bail hearing, you will go through some paperwork. Ensure you list and document anything that presents you as a person who is not a flight risk, like stable employment, running a business, and family ties. One concern of the judge is whether you are a threat to your community and whether they can trust you to make future court appearances.
Using an Unqualified Co-Signer
If your set bail amount is high, your bondsman will require you to have collateral to cover the entire bond cost. You will need a cosigner if you cannot satisfy the financial responsibility.
Having the right co-signer is vital because it will ensure the bonding agency approves you and secures your release faster. Your co-signer should have adequate money and collateral to cover your bond amount. Moreover, they should provide proof of residence, employment, and a government-issued identification card.
Ensure the co-signer understands and is comfortable with the responsibilities and terms of cosigning.
Commonly Asked Questions About Industry Bail Bonds
Most people do not know much about the bail bond process until they are arrested. Consequently, they ask the same questions. Discussed below are some of the frequently asked questions.
1. What are the Duties of a Co-Signer?
A co-signer guarantees that the defendant will attend all their court hearings and comply with bail conditions. The co-signer is held accountable for financial liabilities if the accused fails to fulfill their obligation. It can include the cost of returning the accused person to police custody, attorney’s fees, filing fees, and paying the entire bail amount.
2. Will I Receive a Refund of My Bail Bond Money?
Before posting your bond, your bondsman will require you to pay a 10% premium. Since the premium is the fee for the bonding services, it is non-refundable.
Sometimes collateral is required. If you meet your release conditions and you do not owe your bondsman any money, the collateral will be refunded to you once your case is closed.
3. What Occurs If My Criminal Charges are Dropped a Day After Posting a Bail Bond? Can I Receive a Refund?
After the court accepts your bail bond, the premium you paid to your bonding agency has been earned and cannot be refunded. The same holds whether your charges are dropped the following day or after trial.
4. Can A Co-Signer Cancel Bond?
You can speak with the bonding agency if you believe the defendant will not meet their court obligations. You relieve yourself of all criminal and financial duties by canceling the bond.
Unfortunately, the defendant will be re-arrested and returned to police custody as they await trial.
5. How Long Does It Take to be Released After Posting Bail?
It depends on many factors, like how busy the jail is and the time of the day. Your bondsman does not have control over your release once they post bail.
Jail, Courthouse, and Police Department Contact Details and Location
City of Industry Jail
Phone: (626) 333-3367
Los Angeles County Sheriff
Phone: (626) 330-3322
Metropolitan Courthouse, The Superior Court of California, County of Los Angeles
Phone: (213) 742-1884
LA County Superior Court
Phone: (323) 441-1898
Find a Reliable and Seasoned Bail Bond Agent Near Me
When you receive a call from a loved one who has been arrested in Industry, the experience can leave you with questions, anxiety, and confusion. Arrests are not convenient. They do not occur during regular business hours. Additionally, the California criminal justice system is complicated.
How will you secure your loved one’s release? Who can you consult for assistance?
Alomar Bail Bonds can assist you so that your relative does not have to remain detained until their trial. We can aid you in understanding California laws, arrest procedures, and the bail bond process and advise you of the available choices. Please call us at 626-449-4118.