Learning the arrest of a loved one can be a devastating experience considering that one never plans for such events. There is a dire need for someone who can help you with quick solutions at such moments. Thankfully, the law has provisions that, if taken up, will save your loved one from being jailed.
The law allows the posting of bail for accused persons. Although there are several bail bond agencies that one can contact, you need to look into companies that have been in the business for a long time. Steven Mehr Bail Bonds in Irvine is one such agency. Despite the offense committed, a professional bondsman can win your freedom.
As you read on, you will understand how Irvine bail bonds work, the various types of bonds, and your obligations once you secure your freedom.
Types of Bonds
The first decision you need to make is the alternative to use to secure your loved one's release. There are many types of bonds, although we will only focus on the most common options.
A cash bond is a type of bail that ensures the defendant has the cash to pay for bail. In some cases, the court might set it to be unbelievably high. This is common when the judge believes the accused is highly capable of fleeing or present a danger to society.
If a defendant fails to show up to a trial, they will forfeit their bail. The court will therefore issue a warrant. If the defendant shows up for every trial and submits to the court orders, they will get their bail back after receiving their verdict.
Let's say that you're accused of a crime and can't afford bail. You could turn to an acquaintance for help, such as a bondsman from a bail company. The defendant will need to appear in court like normal, but if they don't show up, the bail agent will step in and plead the defendant's case. This kind of bond is also referred to as the surety bond.
With bondsmen or bail bonds, defendants' families can save from this unforeseen expense and evade the headache of having to search for large amounts of money within a short period.
If you're detained by Immigration and Customs Enforcement, it's good to know that there is a way to get out of jail. The Immigration bond is a bail bond that lets you pay the immigration bond agent to come from custody. This type of bond is identical to the bail bond in that you'll be paying a premium to gain your freedom.
If a defendant misses a scheduled hearing, it could have significant consequences for their case and risk deportation. This is why it's so essential that defendants make every effort to make their scheduled court appearances, as some courts do not allow late arrivals. When you miss a hearing, you may lose your entry bond and be arrested by ICE.
When someone puts up property as a bond, the court takes possession of it, then uses it as collateral against the bail amount. If the defendant does not show up to court or violates conditions, the court can collect the property itself to pay for damages.
Although this option might be beneficial, it is not without risk. Losing property is never a good thing and doing so is a surefire way to be miserable. Before taking up this alternative, it is vital to make elaborate considerations.
If the accused is released on their recognizance, they do not have to pay any bond money. Therefore, they are responsible for showing up to all court appearances. Such defendants are given more personal freedom since they can travel outside of the area without getting approval from the courts first.
Conditions are made to ensure that defendants stay within their jurisdiction while awaiting trial. Unprecedented offenders with trivial charges are often granted this form of bail. However, those facing serious charges or deemed a flight risk may not be eligible for this bail. Judges will deny personal recognizance if the defendant poses a danger to others too.
When police cite a criminal offense, they present a citation, a police document that resembles a subpoena. If you don't turn up in court, the consequences may include jail time, a fine, or even arrest. Unlike an arrest for major violations, a citation is generally given to minor offenders, typically for parking and traffic violations.
Understanding Bail Bonds
Bail bonds are a lightly regulated industry, with much individual variation from state to state. In general, the purpose of a surety bond is to help a person arrested to get out of jail while awaiting trial. A bail bond is a security instrument whereby a principal promises to pay a specified sum of money if a designated person fails to appear in court.
Bail has been around for centuries. Before establishing the modern criminal justice system, individuals could pay bail to gain freedom while awaiting trial and sentencing by magistrates. The bail payment allowed individuals the opportunity to cater for personal obligations and take care of business while awaiting sentencing.
These days, courts are too busy to handle all the cases that are brought to them. It can take years to process a case. While waiting, bail money sits in a trust account and earns interest — which is yours if you win your case and the charges against you are dismissed or if you're found not guilty by a jury or judge after trial.
Laws Governing Bail Bonds in Irvine
Bail bond agents in Irvine work under set laws stipulated in California:
Processing Bail Bonds in Irvine
In most cases, a person who is arrested can be released on bail. In this context, "bail" is a court-ordered financial guarantee that the accused will appear at future court proceedings. This monetary agreement, administered by bail bondsmen, acts as a deterrent against defendants skipping town without facing charges and reassurance or victims or affected parties that the defendant will be held accountable for victims or affected parties.
The bail amount for your loved one depends on the county they are being held in. Bail schedules are used across all of California to determine standard bail amounts. While some criminal offenses have fixed bail amounts, other offenses may require a judge to assign a specific amount. That could mean that your loved one has to await the bail trial before being released from jail.
A bail agent must gather some information about the defendant to determine the person's eligibility for bail. Tell your bail agent about your loved one's birthday, arrest location, and legal status (awaiting trial, awaiting sentencing, or already served a sentence). Once you have done this, they will prepare an application with the appropriate county jails.
This is how it works:
- Fill out the application form
- Pay the bail bonds premium
- Sign a contract with an Irvine bail bonds company
- Pledge collateral equal to a tenth of the bond amount.
Collateral is usually cash paid to the court if the defendant does not appear for his scheduled court dates.
All bail bond costs and fees are non-refundable.
Upon receiving a phone call regarding a family member's arrest, it's essential to contact a bondsman as soon as possible. By working with a bail bond agent, you will be able to get the paperwork you need to ensure the process of your loved one getting released from jail goes as quickly as possible. Since jails are often overpopulated, the time it takes for the release is never predictable. It might take three to twelve hours to complete the process.
The accused is encouraged to contact the judge and appear at every court hearing — this is crucial for ensuring a fair trial.
After the Release
Following the hiring of a bail bond company to secure your release, the best way to turn things around is to get legal counsel. Your lawyer will work with you to construct an excellent defense that meets the requirements for trial, presenting evidence that supports your case. This will allow your attorney to support you in court and help you get back home where you belong.
The defendant has to check in with the bail agency regularly, notifying them about any changes in address or contact information. In addition, he must attend all court hearings and stay off the additional crimes. He must also follow the restraining order issued by the courts. Failure to meet these conditions can result in a warrant for his arrest.
Factors to Consider when Choosing an Irvine Licensed Bondsman
With your acquaintance facing a possible jail term, gaining their freedom through a surety bond seems to be one of the viable options to take up. Being a crucial decision, you must seek an Irvine bondsman that is honest, transparent, and trustworthy.
Here are some quick things to look into when selecting a reputable bondsman.
Because some cases might take longer than others, some bail bonding agencies may ask you to pay the premium per year until the case is over. When a criminal case concerns a felony, this can cost many dollars annually.
But when you choose the elite bail bond company, you don't have to pay these extra fees. It's part of their commitment to excellence in customer support.
Delayed File Premiums
California law requires that any person arrested and charged with a crime be held in jail until the district attorney's office has filed formal charges. Suppose the DA doesn't file these charges in 15 days; the accused is legally permitted to post bail and leave jail.
When the DA presents the case past this period, the accused will have to return to court. He will still need a bond to secure his release. Some bail companies will require a second bond to release a defendant in an identical case. Professional bail agents won't ask for an additional premium when asked to post a bond in multiple ones.
Resumption of Liability Charges
When a defendant misses attending a court session, judges typically relinquish the bail and inform the bondsman. In many cases, a missed hearing can be due to a simple miscommunication with a lawyer or the defendant's mistake.
In some instances, it may be a human error when a defendant doesn't show up in court on time. A bail bond agency can contact the court and request a Resumption of Liability, a document that allows defendants to stay out of prison while they wait for their next court appearance. In some instances, a note from a bail bond company can be handy for a defendant.
While some bondsmen may charge a $100 fee for the accused to be freed on bail, others may not charge anything.
As you consider a favorable Irvine bail bond agency, you should look into these hidden costs. You only need to ask the right questions to get all the information you need to decide wisely.
Irvine Jails and Courts
Whenever your acquaintance finds himself against the law, there are specific jails where he might be arrested in Irvine and its environs. Together with your preferred Irvine bail bonds agency, you can look for him in these jails:
Once you have determined the place of arrest, it is crucial that you also know the possible prosecution places. These are the Superior courts in and near Irvine.
Find Irvine Bail Bonds Near Me
Bail bonds in Irvine can be challenging to navigate when you're in the depths of despair. When your acquaintance has been arrested and put behind bars, you want to make sure they make it home safe, but how? If you're dealing with an Orange County jail, you need to contact a reliable Irvine bail bond agency to discuss bail terms and sign a contract for your payment.
You will thus have an assurance of a smooth and fast bail proceeding. Call 800-834-8522 today to discuss your case with Steven Mehr Bail Bonds, a licensed bail agency in Irvine. You will get all satisfactory responses to your inquiries with clarified payment options.