No one anticipates spending time in jail, even for a few minutes. However, mistakes happen, and you might find yourself in prison or receive a phone call informing you a loved one has been arrested. If you find yourself in any of these situations in Tustin, CA, Steven Mehr Bail Bonds can rescue you from this situation by obtaining a pretrial release. Our bail agents are fast, professional and understand the need for confidentiality in these cases.
The Arrest Process
If the authorities suspect that you’ve engaged in a crime and there is probable cause connecting you to the offense, the police can apprehend you. You will then be moved to local police custody for the booking process. The process is all about recording your fingerprints and identifying information with the police.
During this process, the jail officer can run background checks on your record to see if you have any pending cases, arrest warrants, or criminal records. The information is crucial in determining whether you are eligible for a bail release.
Also, the police will need your home address and a picture. Any personal property in your possession will be recorded during booking, too, so that you can have it back when leaving custody. The entire process takes a few hours, after which your file is forwarded to the local prosecutor for evaluation.
The prosecutor evaluates the evidence presented by the investigating officer and determines if it is enough to file charges or whether more investigations are required. After the prosecutor reviews the files to file charges, you should be released or taken to court for a bail proceeding. The 6th Amendment of the U.S. Constitution requires that if you’re under suspicion for a crime, you have a right to a speedy trial meaning the time between the arrest, filing charges, and trial should be short.
Unfortunately, because of the many cases prosecutors are handling simultaneously, it might take months or years before the matter is closed, which is a long time to be behind bars. You need to be out there running your business, spending time with your family, and building solid defenses to assist you in winning the case. Luckily, the bail process allows you to secure freedom pending criminal trial.
Note that the period between the booking and detaining is when you should reach out to your Tustin bail bonds to post bail. Alternatively, if the crime that led to your charges is a minor one, you can be released after signing a citation promising to appear in court as ordered. However, for severe cases, you must go before a judge in a bail proceeding.
The Arraignment Process
The law requires that you be presented in court within 48 hours after the arrest and booking. You appear in court for an arraignment proceeding where the charges are read. It‘s also at this hearing the judge will hear your request for bail. If the judge grants bail and you are having problems coming up with the money, your Tustin bail bonds can help you obtain pretrial release by posting bail.
You will be denied bail if the judge believes you are a flight risk and a threat to public safety, meaning you will stay in jail until the matter is concluded unless you appeal the ruling.
Note that even at the arraignment proceeding, the judge might release you on your own recognizance (O.R.) if you have a clean criminal record or the offense in question is not a serious one. With this release, you don’t need to post bail. Instead, you write a statement promising not to skip a court hearing in the future in exchange for freedom. The court will order you to pay bail if they realize a written notice alone is not enough to guarantee your court appearance. In a case like this, it sets an amount of money that secures your future court appearances.
If your case goes the bail way, you need to reach out to your bond agents to obtain freedom while your case continues. Bond agents will help you deposit the bond money in exchange for a 10% premium rate, usually non-refundable.
Determining the Bail Money
Every county in California has a bail schedule that indicates the bail money you should pay based on the category of your crime. In California, it’s illegal to continue detaining an arrestee after they have been unable to post bail.
When you are freed without bail, you must abide by particular conditions. These are:
- A return to community members, family, relatives, or spouse promises to show up for the scheduled proceedings.
- Phone, text, or online reporting with the relevant agency
- Restriction of movement or driving prohibition
- A protective order
- Home detention
- Alcohol and substance abuse treatment program
- Regular drug testing
- In-person reporting with the appropriate agencies
- Electronic monitoring
- Attending AA/NA meetings
- Installing an Ignition Interlock Device on your vehicle
- Travel restrictions
Posting bail is not a piece of cake. It is a complex process that can strain your pockets, so you must seek the help of your Tustin bail bonds agency. These professionals can pay the bail on your behalf as you request for a bail proceeding for the court to reduce the bail amount or release you on O.R.
Reducing or Raising the Bail Money
Judges enjoy a lot of discretion on the issue of setting, adjusting, or eliminating bail. If you want your bail money changed, the judge can do it by making the following considerations:
- Public safety
- Your previous criminal record
- Chances of appearing in the scheduled court hearings
- Your ability to pay the bail money
- The severity of the offense
However, if the current charge is a severe or violent felony, the court can’t lower the bail money below the amount provided in the bail schedule unless under exceptional circumstances. These unusual circumstances include:
- You haven't skipped any previous court date
- You have not engaged in the commission of a new offense. Instead, there have been adjustments to the circumstances, corroborated by the recent evidence.
A change of circumstances, in this case, refers to an adjustment in your situation, the case’s facts, and court hearings. However, it doesn’t mean the judge’s ruling errored or didn’t conduct a thorough assessment.
Even when you have already posted bail, the judge can choose to cancel it and order you to be detained. For individuals who fail in posting bail, you will stay in detention for the remainder of the trial, although you are eligible for a review proceeding. You have five days from the date of the bail ruling to request a review.
And when the alleged crime is categorized as a severe or violent felony, a domestic violence offense, or particular violations of restrictive orders, you will have at least two days to inform the prosecutor through a notice that you plan on asking for a bond reduction through a bail proceeding. Doing so helps them prepare evidence to contest your request.
You should note that the judge's discretion reduces the bail and can increase it too. If you are pursuing a bond reduction and the prosecutor highlights crucial information that the court has not heard of, they might raise your bail amount instead of reducing it.
If you’re on parole, do not initiate a bail proceeding if you want a reduction in the bond money because the court might learn about it, suspending your freedom.
However, suppose your Tustin bail bonds agency had already secured a release before the court obtained this crucial evidence. In that case, your probation officer can let you continue enjoying your freedom until the matter is heard.
Note that even if the judge ups the bail money, they have the discretion to take action unless they abuse the judgment. Just because you cannot come up with funds set as bail doesn’t mean it is excessive or the judge has misused their discretion. Instead, it means you will be staying beyond bars until the issue is concluded.
What Are Bail Bonds?
A bail bond is a monetary guarantee that you deposit with the court as a way of guaranteeing your future court appearances. The agreement is between the court, your bondsman, and your co-signer. A bondsman, commonly known as a bond dealer or agent, is a corporation, agency or individual who acts as a surety. They guarantee the bail by pledging money or property with the court for your future court appearances. They act as your bail guarantor, which is why they charge a nonrefundable premium fee.
When bail is allowed, you must provide the name of the bail agency or deed of trust you would like to be a beneficiary. The lien of the property acts as a surety with the bondsman, but they can only take over ownership of the property if you defile the terms and conditions of your bail release.
The money deposited with the court is not a punishment for the crime, meaning you or your loved one will receive the money once the lawsuit is concluded. Therefore, bail is a way of ensuring you appear before the judge at the scheduled court dates through a financial incentive.
Can Court Grant Bail If You Agree to the Bail Conditions?
The court may release you on bail if your criminal attorney proposes bail conditions to have the bail amount reduced or for an O.R. when the judge is unwilling to do so. Some of these bail conditions that your attorney can recommend are:
- Being required to surrender your passport or driving license to restrict your movement
- Being required to wear a GPS tracker or be placed on house arrest through an ankle bracelet electronic monitor.
- Being required to join an inpatient treatment center
- Being required to wear a Secure Continuous Remote Alcohol Monitor (SCRAM)
A judge can’t impose conditions that violate your constitutional rights, although your options to lower the bail amount or be released on O.R. are countless. However, the requirements imposed should be fulfillable. For instance, the California appellate court ruled on a case in 2018 that it was unfair as per the constitution for a defendant to be ordered to take part in drug or substance treatment, and at the same time, prevent their release via setting a considerable amount that you cannot afford.
Luckily, today if the bail amount is too high, bond dealers can pay the money so that you don’t spend the remaining time of your trial behind bars.
The Reasons for the Court Granting Bail
Arrests for various offenses occur when you least expect them, and this significantly changes your life. Therefore, the first idea that should cross your mind after an arrest and subsequent booking is posting bail to secure freedom. The process is associated with many benefits for the criminal defendants.
One of the benefits is once you pay the bail money, you will be allowed to go home awaiting case determination. This is the primary goal of bail, to release you in exchange for a financial incentive that guarantees your future appearance before the court for the case hearing. Without bail, many defendants would be spending time in jail until the trial is completed, which is unfair.
Your bail agency will come to your rescue at this hour of need and pay bail to enable you to return to your everyday life before the arrest. A pretrial release allows you to continue with your work, business, spend time with family and friends, and offers you adequate time to discuss the facts of the case and prepare the best criminal defenses with your attorney.
If you skip a court date against the agreement, your bail agent has a particular duration to begin to hunt you down and return you to custody. If you don’t appear during the term, the bail amount is forfeited, and the bond you deposited goes to judgment. And because the bondsman is responsible for the entire bail money, they will lose the money they had deposited as bond. Luckily, the law entitles them to seize and sell property used as collateral to recover their money.
Contact Information for Tustin Jail and Court
Tustin Police Department
Central Justice Center
Find a Tustin Bail Bonds Near Me
If you or a loved one has been apprehended in Tustin, CA, you should start thinking of how to secure release from custody. You should focus more on finding the best bail bondsman to assist you with the bail process. At Steven Mehr Bail Bonds, we will ensure that you don’t stay in jail longer by posting bail once the amount is set. Contact us today at 800-834-8522. We will walk you through the bail process.