Bail Bond Laws
Here are some of the laws that govern the Bail Bond Industry:
As a potential client of a Bail Bond in California, there are many laws that you as a consumer should be aware of for your protection, there are many Bail Bond companies doing business in Los Angeles County that do not play by those rules and laws, at Alomar Bail Bonds we have put together a list of laws and regulations in an effort to educate the consumer and to make sure that when making a decision on which Bail Bond Company to hire, you know what you are getting into, ask questions of the person you are dealing with and if the answers are not satisfactory, then you know you are dealing with someone who does not know the law or worst yet, has no regard for the law.
All Bail Agents in the state of California are required to be licensed by the California Department of Insurance, any person who negotiate a bail transaction with a client or agent of that client (family member or Attorney) must be properly and currently licensed by the California Department of Insurance as a Bail Agent. By negotiate it simply means someone who, in person or over the telephone discusses anything to do with the transaction of a Bail Bond, specially pricing or any other condition of the undertaking of a Bail Bond.
Here are some of the main laws that govern the solicitation, advertizing, negotiation and execution of Bail Bonds in the State of California.
California Insurance Code:
1800(a) (states in part) ....A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in this chapter.
1800(b) (states in part) ....For purposes of this section, "solicit" shall include any written or printed presentation or advertising made by mail or other publication, (including the internet) or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail.
1800.75 No person shall advertise or hold himself out as engaging in the business of executing, delivering, or furnishing bail bonds or undertakings of bail whether or not for consideration without holding at the time thereof all proper licenses required by this chapter.
California Penal Code:
1269 Admission to bail is the order of a competent Court or Magistrate that the defendant be discharged from actual custody upon bail.
1270(a) (states in part) ....Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant.
1275(a)(1) (states in part) ....In setting, reducing, or denying bail, a Judge or Magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case.
1275.1(a) (states in part)....Bail, pursuant to this chapter, shall not be accepted unless a Judge or Magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.(See our section on 1275.1(a) P.C. for more details)
1276.5(a) At the time of an initial application to a Bail Bond Agent for a bail bond which is to be secured by a lien against real property, the Bail Bond Agent shall provide the property owner with a written disclosure statement in the following form:
"DISCLOSURE OF LIEN AGAINST REAL PROPERTY DO NOT SIGN THIS DOCUMENT
UNTIL YOU READ AND UNDERSTAND IT!
THIS BAIL BOND WILL BE SECURED BY REAL PROPERTY YOU OWN OR IN WHICH
YOU HAVE AN INTEREST. THE FAILURE TO PAY THE BAIL BOND PREMIUMS WHEN
DUE OR THE FAILURE OF THE DEFENDANT TO COMPLY WITH THE CONDITIONS
OF BAIL COULD RESULT IN THE LOSS OF YOUR PROPERTY!"
1276.5(d) (states in part)....Within 30 days after notice is given to the Bail Bond Company of the exoneration of the bail bond, or within 30 days after the payment in full of all moneys owed on the bail bond obligation secured by any lien against real property, whichever is later in time, the Bail Bond Company shall deliver to the property owner a fully executed and notarized reconveyance of title.
1300(a) (states in part)....At any time before the forfeiture of their undertaking, or deposit by a third person, the bail or the depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail.
1303 (states in part)....If an action or proceeding against a defendant who has been admitted to bail is dismissed, the bail shall not be exonerated until a period of 15 days has elapsed since the entry of the order of dismissal.