Today, crime seems to be prevalent. The first thought that comes to mind is conviction and a possible jail term. It doesn’t have to be so. There are provisions made by the law in terms of bail bonds so that you don’t have to spend your time in jail or remain in custody for long.
If you live in or near Aliso Viejo and are caught up in a case and unable to post bail, Steven Mehr Bail Bonds can come to your rescue. You may not preempt the time when you will be against the law. Regardless of the offense, with the help of a licensed bondsman, you can get your freedom on bail.
What are the laws that govern bail bonds, and how does the entire process work? These are some of the issues that you will understand as you continue reading and all the details you ought to know concerning bail bonds.
Upon the arrest of your loved one, the first thing to do is decide on the type of bond to use. There are six common alternatives:
Using the cash bond shows that the defendant will settle the entire bail amount using cash. Some courts might allow the use of credit cards. In some instances, the judge might set the bail amount to be incredibly high. You are likely to see this scenario when the presiding judge views the accused as likely to flee or a dangerous person to the general public.
Suppose the accused fails to attend their trial, forfeits their bail, and the court issues an arrest warrant. Suppose the accused appears in all trials and complies with the court order; they will receive back their bail after sentencing.
This bond applies in cases where the accused cannot settle the bond ruled by the court. An acquaintance reaches out to a bail agent working for a bail bond company. If the accused fails to appear for the hearings, the bondsman will appear with the defendant in court and plead to settle the entire bail amount.
With this form of a bond, the defendant’s family can save on cash and avoid the inconvenience of searching for vast amounts within a limited time frame.
When using the property bond, one uses large possessions like cars, houses, or other property to guarantee bail payment. The court will then arrogate the property. If the defendant skips court appearances, the court can assume possession of the items and thus force the defendant to throw the ownership overboard to pay the bail amount.
While this option can be helpful, it should be one’s last resort, as losing property can cause misery. Before going for this option, one must make careful considerations.
If you are held by the federal Immigration and Customs Enforcement department, or ICE, an immigration bond will help you get out of custody. This bail bond is similar to the surety bond as you pay a bond agent a premium, and they provide the remaining amount to secure your release.
The defendant is expected to attend all immigration hearings, and if they are to be deported, they need to report to the ICE. If they fail to attend all the hearings or report deportation, they give up the bond and receive an arrest warrant.
When a defendant secures his release on personal recognizance, it means that they are fully responsible for attending all court hearings. In such cases, they do not need to pay up any bond.
Failure to adhere to these conditions will mean that the defendant will have to remain in custody until the trial ends or they receive their sentence. This kind of bail is more prevalent in first-time offenders with minor cases. The judge will not grant personal recognizance for high-risk cases, flight risk individuals, or persons who are dangerous to others.
Release on Citation
This form of bail is also called cite out. An arresting officer issues the citation, which acts as a court summons if the officer cites a criminal violation. If you fail to appear in court, you face the consequences like jail time, an arrest, or fines. This option is for minor violations.
Overview of Bail Bonds in Aliso Viejo
A bail bond is essentially a surety bond, guaranteeing that an arrestee will appear in court. Bail bonds are issued by bail agents, who act as the agent of the surety insurance company that underwrites them. When an arrestee posts bail, they are released from detention.
In the early days, individuals could pose bail as a means of restoring one’s freedom as they waited for a magistrate to hear the case and pronounce the verdict. With this newfound freedom, the individual could get time to look into personal obligations while waiting for trial and sentence.
Today, the courts have an overload hence the delays in trial and sentencing. While you wait for the completion of your case by either dismissal, trial verdict, or plea deal, the bail bond is held. Upon fulfilling your legal obligation, you receive back the amount spent.
Bail Bonds Rules and Regulations
For the proper operation of bail bonds, Aliso Viejo has a set of rules and regulations. These are all under the state of California. They are distinctly three sets of rules:
- California Insurance Code (CIC) 1800 to 1823
- California Code of Regulations (CCR) Title 10, §2053 through §2105.19
- Penal Code (PC) §1299 through §1320.
How Do Bail Bonds Work?
A bail bond is a court’s strategy to ensure that the defendant attends their trial. It can be in the form of cash or bond from a bondsman. However, you need to note that bail might not work for every crime. It all depends on how severe and the nature of the crime.
There is no standard bail amount as per California laws. Each county has its bail schedule for various offenses. Upon one’s arrest, relatives or friends can contact a bondsman who will help them review the schedule to determine the required amount. If the case is of a high-profile crime, it may be required for the defendant to wait for a bail hearing before posting the bail.
The initial stage will require you to give the bail agency the defendant’s name, birthday, and county of arrest. The agent will locate your loved one’s location in the county jail system and amass additional information with this information.
After all the paperwork is cleared, the bond agency will work with you to develop a payment plan. With bail bonds, the defendant or his family will pay the bondsman up to 10% of the bail amount in Aliso Viejo. The bondsman will pay the court the bail amount for the defendant’s release upon payment of this amount. This premium amount is non-refundable.
To have a flawless bail process, you must contact a bond agency when you receive the arrest information. This will enable the agency to work through the necessary paperwork to speed the discharge process. Although the jails might be overpopulated, the process might take 3 to 12 hours to finalize.
The most important thing is that the accused maintains contact with the judge during this entire period and appears at all court hearings in all circumstances.
The Journey after Release on Bail
After a successful bail bond process, it means that you can finally enjoy your freedom. However, all this comes with a cost on your side. You will need to seek legal counsel to strengthen your defense case to increase your chances of having a successful trial. It is also crucial that you maintain your normal lifestyle as much as possible.
The defendant must comply with all the court conditions like attending all hearings, keeping off any additional crime, and adhering to any restraining order before or after the trial. He will further need to check in on the bail agency weekly. During these periods, you must update the agency on any changes in address or contacts.
Considerations when Selecting an Aliso Viejo Bail Bond Agency
You already have a loved one in need of a bail bond. Due to the pressure based on prevailing circumstances, you need to make a move. This is a critical decision that needs clarity of mind. You need to know how to get an honest, trustworthy, and transparent agency to liaise with.
To save you financial and emotional disturbances, here are a few checkpoints to guide you to the right agency.
Some criminal cases might go on for more than a year. Some bail agencies might charge you a premium every year for as long as the case lasts. If the case involves a felony, a family might end up spending thousands of dollars per year.
A bail bond professional will never charge you the premium twice. The principle always remains that you pay once until the case closes.
Late File Premiums
The Orange County District Attorney has to file charges upon any arrest. In some cases, the DA’s office might delay in doing this due to lack of evidence or because they are too busy to file charges at that time. If the DA fails to file the charge within 15 working days, the defendant is released as a law requirement.
If the DA files the case after 15 days, the defendant will be called back to the Orange County court and still need the bond to be free. Some bail agencies might require you to pay another premium for the same case. When dealing with professionals, they will not ask for another premium for the same case.
Reassumption of Liability Fee
If a defendant fails to attend a court hearing for whatever reason, the judge will forfeit the bond and notify the bail agency. While sometimes the defendant may intentionally miss the hearing, in some cases, it could be as a result of miscommunication between the defendant and his attorney.
In other instances, it might be due to a mistake from the court clerk, or simply the defendant forgot the court date. To maintain his freedom, the defendant may have to appear in court with a letter from the bail bond agency indicating that they agree to allow the defendant to be out on bail. This letter is a Resumption of Liability.
Some agencies may charge $100 as a fee to allow the defendant to be out on bail. Some agencies will not charge any fee.
These are some of the charges you should consider when selecting an agency to stand with you in Aliso Viejo.
Jails and Courts in and Near Aliso Viejo
When your loved one is caught up in an offense in Aliso Viejo, he can be arrested and prosecuted in any of the following jails and courts, respectively:
Find Aliso Viejo Bail Bonds Near Me
With details on how bail bonds operate in Aliso Viejo, it is time to find the right agency to help your loved one regain his freedom. As compared to other bonds, bail bonds are a more friendly option to consider due to the friendly terms it presents.
It would be best to work with an agency that is well vast with the field and has a record to back up its professional operations. As such, you will rest assured that the bail process will have a flawless proceeding.
You can contact an agency like the Steven Mehr Bail Bonds in Aliso Viejo at 800-834-8522. You will receive all the answers to your questions as well as a clarification on the payment plan.