Learning that your friend or loved one has been arrested can be an overwhelming experience. It is even more overwhelming when you are the one behind bars. Fortunately, the California criminal justice system has an option for bail that enables arrestees to secure their release pending trial. If you find yourself in this situation, there are several ways to post bail, but contracting a bail bonds company to help you is the most convenient way.
At Alomar Bail Bonds, we understand the frustration and fear you have. We also know how essential it is to be released so you can help gather evidence to prove your innocence. That is why we will work hard to ensure you secure your release as soon as possible. Based on the facts, your bail could be expensive. If you are worried about the cost, our local Monterey Park bail bond agents will help you. We offer various payment options and will assist you in finding the most suitable one for your budget. Call us as soon as you have been arrested, and let us work on helping you regain your freedom.
Bail and Bail Bonds In Monterey Park
Bail is the money you as the defendant deposit with the court or a jail facility or another party deposits on your behalf designed to ensure you will appear in court as required after being released from jail before a trial.
Most people confuse the terms 'bail' and 'bail bond.’ Although closely related, these terms do not refer to the same thing. As we mentioned, bail refers to the funds you must pay to be set free from jail. A bail bond is usually posted on your behalf, often by a bonds company, to secure your release. Therefore, in other words, bail could be made in various forms. It could be in cash or the form of a bail bond secured from a bail bonds company.
Bonds provide means for you to be set free from custody pending your trial, without the need to put up the entire bail amount the court did order. A bail agent will deposit a bail bond with the jail facility/court, which warrants payment for the whole bail amount if you fail to show up anytime the court needs you to.
Bail is not meant to be a punishment. It is just a means of securing your agreement to obey given conditions and make court appearances. In this sense, bail is equated to the collateral you leave with the court to guarantee that after you are released from custody, you will show up for their court case as required. If you do not appear or violate the conditions of your release, you may lose the bail amount you paid. If you posted a bail bond, the bail bonds company that helped you post bail would lose the money.
Arrest, Booking, and Release on Bail in Monterey Park
The bail process begins with an arrest. If the police have placed you under arrest, they will take you to the nearest police station, jail, or Sheriff's office for the intake process. An arrest happens because the arresting officer observed you committing a supposed offense or reasonably suspected that you plan to commit a crime. In some cases, the arresting officer must acquire a valid arrest warrant before making an arrest.
Note that irrespective of the offense you have been arrested for, you will have to undergo the intake process unless you are released at the scene. The intake process starts with booking at the jail, Sheriff's office, or police station where you are taken.
During booking, the arresting officer will note your personal info, like your name, physical characteristics, and date of birth. They will also seize your personal belongings, conduct a criminal background check to check for outstanding warrants, capture your fingerprints, and record any info on the supposed offense for which you have been arrested. Personal belongings include money, keys, purse, credit cards, and cell phones, and they will be given back to you once you are released. You will also be searched for drugs and weapons since you are not allowed to go with these in the holding cell for the safety of other inmates. These items can also be used as court exhibits in case of a trial. Once the booking is over, the arresting officer will place you in a holding cell and take your case to the prosecution to determine whether or not to press charges.
If the prosecution decides to file charges, you will remain in the holding cell waiting for the judge to decide whether or not you can post bail. This decision is made at the first court appearance, also called the arraignment. If the prosecution decides not to file charges, you will be set free and allowed to leave. The prosecution will file charges if compelling evidence shows you committed the supposed crime.
During the arraignment, the judge will read your charges and then ask how you plead. You could plead guilty, innocent, or no contest. Once you enter a plea, the judge will set bail. They will decide on the amount you have to pay as bail to secure your release, which guarantees your court appearance. Usually, the judge refers to a bail schedule to decide on the amount to impose as bail. A bail schedule is a list of bail amount recommendations for different crimes, and every county in California has theirs. For instance, Monterey Park bail amounts will most likely be determined by the Los Angeles County bail schedule. The judge can set the bail value higher or lower than what is indicated on the bail schedule. The factors they look at before determining what bail amount they should impose are:
- Your risk to the community— if you are a danger to public safety, your bail may be set at a higher amount. Danger to society means your potential to harm the public, including the victim and witnesses, once you are released from custody. The judge may even deny bail if you prove to be a danger to public safety.
- How severe your supposed offense is— if the crime you have been accused of is a serious or violent felony, your bail amount will be set higher. Severe crimes include rape, arson, and robbery. But your bail amount will be set at a lower amount if your alleged offense is minor, for example, petty theft, vandalism, or trespassing.
- Your community ties— if you have strong connections to your community, the judge may grant you a lower bail amount compared to if you are not well connected.
- Your professional, family, and personal obligations— judges usually comprehend that the accused persons are caregivers, spouses, and parents and consider this when determining bail. Therefore, the judge may reduce your bail value based on your professional, family, and personal obligations.
- Whether you are a flight risk— if there is a chance you will flee the jurisdiction before your court date and fail to appear, the judge will set a higher bail amount than if you are not a flight risk. Based on the case facts, the judge could even deny you bail.
- Your criminal history— if you have an extensive criminal record, the judge will likely set a higher bail value than if you are only a first-time offender.
- Your ability to pay
However, remember that a judge cannot lower your bail if your case involves a violent or serious felony unless they find a good cause or unusual circumstances.
Also, note that you can request a bail hearing to request a reduction of your bail amount. During this hearing, the prosecution can introduce proof or highlight info about which the judge was otherwise unaware in an attempt to increase your bail. This kind of evidence includes a report on parole or probation violation.
Sometimes the judge may not set the bail amount. Instead, they may opt to release you on your own recognizance (OR release), meaning that you are responsible for appearing in court and do not need to post bail. The only thing you will have to do is sign a written promise that you will show up in court when required to do so. OR release is often allowed in relatively minor, nonviolent crimes and if the accused is not deemed a threat to society or flight risk.
Posting Bail In Monterey Park
There are various ways of making bail in Monterey Park, although some are used less often than others. They include:
Cash bail means you pay the entire bail amount in cash. Some courts accept checks and credit cards. This is the fastest way to post bail, but the disadvantage is that the bail amount may be too high and it may be impossible for you to raise the cash for it.
At times you can provide property to act as bail. In this case, the court must obtain a lien (legal claim) on the property in the value of the bail. If you do not make the required court appearances, the court will foreclose on the property and sell it to recover the forfeited bail amount.
Also known as a surety bond, a bail bond can apply to any bail amount. However, it is particularly useful when you cannot afford to pay your bail. This way of posting bail involves your relative or friend reaching out to a bondsman. A bondsman is usually backed by an insurer known as a surety company and commits to paying the entire bail amount if you do not show up in court as required. In exchange, the agent charges you a 10% premium and some kind of collateral (for instance, jewelry, electronics, boat, car, house).
By having your relative or friend involved, the bondsman hopes you feel obligated to make court appearances because the relative or friend is likely paying the premium and has the property provided as collateral at stake. The bondsman's bond is also on the line, and if you do not make court appearances (known as jumping or skipping bail), then the agent will be the one to pay the whole bail amount. If you skip bail, your bondsman, friends, or family may hire a bounty hunter to track you down and return you to the authorities.
Immigration Bonds In Monterey Park
Immigration bonds are regulated by federal law and excluded from California's 10 percent premium structure. Regarding immigration bonds, a bond must be lodged with the United States ICE (Immigration and Customs Enforcement). We have two classifications of immigration bonds— a departure bond and a delivery bond. A departure bond guarantees that the accused will leave the U.S, while a delivery bond guarantees the undocumented immigrant will appear for all their immigration hearing. The least delivery bond cost is $1,500, while the least departure bond cost is $500. Based on the level of flight risk, this amount can increase substantially to 10,000 dollars or higher.
An immigration bondsman posts the bond with ICE in exchange for being paid their fee. The procedure is more similar to that of a surety bond. Since immigration bond charges are not law-regulated, the costs vary widely. We have companies advertising as low fees as 2% while others quote as high as 20% of the bond value. Some companies also charge fees for the annual bond renewal. Since the costs vary widely, you want to transact with a reputable bail agent. Shop around, compare prices, and ensure you understand everything.
Release on Citation
In some instances, an arresting officer does not take you in for booking after arresting you. Instead, they will issue a citation stating that you must make court appearances. Whereas a release on citation is less rigorous than taking you to jail, police station, or sheriff’s office and conducting the official booking process, it enables the police to focus on arresting more serious suspects.
Conditions for Bail
If the judge agrees to set bail or release you OR, they can impose various conditions to which you must comply. Assuming you have already hired a lawyer, they could also recommend conditions when trying to persuade the judge to reduce the bail amount. There are standard conditions the judge may place on you in exchange for releasing you on your own recognizance or lowering your bail value. Other conditions might be more applicable to your specific case. Bail conditions could include:
- You have to put on a Secure Continuous Remote Alcohol Monitor (SCRAM)
- The requirement to remain under house detention/arrest and be monitored electronically
- You have no permission to travel out of the state
- Surrendering your driver's license and passport
- No driving while you have any detectable level of alcohol in your bloodstream
- Cutting any form of communication with the alleged victim
- Enroll in a treatment facility
- Wear a GPS tracking device
A PC 1275 Hold
A PC 1275 hold occurs when the court places a hold on your bail because it reasonably believes that the funds you are using to make bail originated from the commission of a felony, for instance, a drug sale.
The hold is referred to as a PC 1275 hold since PC 1275.1 is the state's law that outlines the rules concerning the hold. After the judge withholds your bail, you can contest the hold during a Penal Code 1275 hearing. At these proceedings, the court has to release or remove the hold if you can prove that you obtained your bail funds legally. To help show you lawfully acquired the bail money, you can submit evidence such as sales transactions, loan agreements, pay stubs, tax returns, bank statements, and credit card statements. You can also bring witnesses to testify during the hearing about the lawful nature of the cash involved.
Remember, there has to be a suspected felonious activity for the PC 1275 hold to occur. The hold does not apply to suspected misdemeanors.
Per PC 1275.1, a prosecutor, judge, or police officer can request a hold if they find probable cause that you are using the funds you feloniously obtained to post bail. Holds are commonly used in cases involving drug charges, extortion, gang offenses, felony grand theft, and embezzlement.
Jail and Court information if you are Arrested in Monterey Park
Monterey Park Police Department
Phone No: 626-307-1479- Inmate information
626-307-1225- General information
Twin Towers Correctional Facility
Phone No: 213-473-6100
Men's Central Jail
Phone No: 213-473-6100
Phone No: 626-293-2195
El Monte Courthouse Administration
Phone No: 626-401-2298
Find a Reputable Monterey Park Bail Bond Agent Near Me
If you or your loved one has been arrested in Monterey Park, our team at Alomar Bail Bonds can assist you with the bail bond process. If a judge is yet to set a bail amount, we will inform you when to expect that to happen and how we can assist you in posting a bond to secure your release as soon as possible. Call us at 626-449-4118.