Facing an arrest and criminal charges is an overwhelming experience. In California, most defendants can secure a release before trial by posting bail. Your situation becomes harder when the bail amount exceeds what you can afford. Many people assume that a lack of bail money means that you must stay in jail until your case ends.
Under California law, there are several options you can explore to secure a release when you lack enough money for bail. Sometimes, you can secure a release through a bail bond. In others, the court may reduce bail or release you on your own recognizance. If you are in this predicament, you must understand all your options.
Options When Bail Funds Are Limited
The lack of bail money does not mean you will remain in detention until your case ends. Based on your circumstances, you can explore the following options:
Hire a Bail Bond Company
Many people use a bail bond to secure their release because they cannot afford the full bail amount. In California, licensed bail bond companies charge a premium of up to 10% of the total bail. When they offer their services, a bondman will go to court and pledge to cover the entire bail amount if you skip bail. The 10% fee covers the cost of the service and is nonrefundable.
After posting bail, the defendant goes home and continues with their life while awaiting trial. The surety company not only helps you get out of jail, but they also continue working with you to make sure the defendant shows up in all the court proceedings. If the defendant violates other terms of the bail, the surety company is responsible for the total cost of the bail.
Request for Bail Reduction from the Court
If your bail amount is too high, your attorney can assist in filing a bail reduction motion in court. Some of the issues that the judge will consider before granting your motion include the following:
• The seriousness of the crime you committed • Your past criminal records • Your community ties • Flight risk • Employment history
The court can reduce your bail amount if it is unreasonable.
Request Release on Own Recognizance
A defendant does not necessarily require a financial arrangement to ensure their release from jail. Sometimes, a judge may choose to release you without bail. If you are unable to make bail due to a lack of finances, you may bargain with the court and be granted a recognizance release. Instead of paying money, you will sign a note promising to appear for trial. The judge may release you without bail if your charges are minor and your flight risk is low.
Financing and Cosigners
When you cannot afford bail, financing options and cosigners may make release possible. When you understand these arrangements before signing any agreement, you can make the right decisions.
How Bail Bond Financing Works
Many bail bond companies understand that families cannot pay thousands of dollars on short notice. For this reason, you can explore the available financing options. Occasionally, the surety company may allow you to pay the premium in installments. Most companies, however, have different policies regarding repayment plans. Some companies require evidence of income, while others may review your employment record. In some instances, you may need to provide collateral for your bond.
Before signing a bail repayment plan requirement, you must understand:
• The payment schedule. • Interest or financing charges. • Late payment penalties. • Collection procedures. • Collateral requirements.
If the terms are unclear, you should seek clarification from the bail bondsman.
Who Can Be a Cosigner?
Seeking a cosigner is another way to reduce the financial liability to bail. A cosigner is someone who agrees to share financial responsibility for a bail bond. The cosigner promises to meet the bail bond obligations for the defendant. A cosigner can be any individual with a close relationship to the defendant.
Before allowing someone to co-sign a bond, a surety company will review their financial records. As a cosigner, you are responsible for:
• Covering the bail bond costs • Ensuring the defendant attends court • Informing the bail company of any problem
If the defendant does not appear in court, the cosigner will assume all responsibilities associated with forfeiture.
Using Collateral
Sometimes, a bail bonds company may require you to provide collateral for the bond. Collateral provides security if the defendant does not meet the bond requirements. Types of collateral you may present include real estate, vehicles, or valuable jewelry. If the defendant complies with all court requirements and bond conditions, you can recover the collateral.
Setting Expectations
When securing a release on bail, you should know what to expect. This can help reduce stress during the bail process. They include:
A Release Does Not Happen Instantly
Bail posting does not necessarily imply that you will be released immediately. After bail is approved, certain administrative processes must be completed by the jail.
Bail Is Not the End of the Criminal Case
Securing a release on bail does not mean that your case has ended. Even after going home, your criminal case will continue to move through the court systems. You must attend all the court proceedings, including your trial.
Violating Release Conditions Has Consequences
In some instances, the court may impose very stringent conditions on a defendant out on bail. Such conditions could include:
• Observing all laws. • Avoiding contact with certain individuals • Following protective orders. • Attending required programs.
Find a Skilled Bail Bondsman Near Me
Bail is a significant financial commitment. However, failure to pay it can increase the time you will remain in detention. In case you cannot pay the required amount set by the court as bail, there are various means that you can try to secure a release. These options include seeking a recognizance release or requesting a lower bail amount. Alternatively, you can use bail bonds. The option most applicable to you depends on your financial situation and the nature of your charges.
If you are not eligible for a recognizance release, you can contact a local surety company and ask for assistance. A reliable company will help you score a release at a fee of 10% of your total bail. At Future Bail Bonds, we will offer the guidance you need to navigate the bail process. Contact us at (714) 515-5154 to discuss your case.