For most people, bail bonds aren’t something they think about too much. Understandably, many people are pretty unfamiliar with the whole bail bond system. That’s until they need one. If you find yourself needing a bail bond, this can put you in a really difficult situation. The Los Angeles bail bond system is central to securing the release of a person after their arrest. However, there are many regulations and laws that come into play.
No one ever really expects to get a call to come bail someone out. Or to find themselves in need of a bail bond. Unfortunately, this unexpected situation can and does happen. Around two million people are helped by bail bond agents in the United States every year.
When you need one, not understanding bail bonds becomes a pretty big problem. You’ll want to get yourself or your loved one out of jail fast. This means you need to organize bail quickly. So, it’s vital to familiarize yourself with the bail bond process so that you can act.
The process of getting bail can be different depending on where you are. In California, bail bond laws may apply that don’t exist in other states. This makes it essential to understand the specific laws and bail bond processes in place in Los Angeles.
So, how does the bail bond process work in Los Angeles? Here, we’ll explain what you need to know:
What is Bail?
Bail is a set amount of money that a defendant agrees to pay. This secures their release from jail. The bail amount acts as a guarantee that they’ll show up in court for their trial.
If the defendant flees while released on bail, this means that the bail amount is forfeited.
Types of Bail Available in Los Angeles
In Los Angeles, there are three main types of bail that are available. These are cash bail, property bail, and bail bonds:
Cash Bail
Cash bail refers to the full bail amount being paid in cash to secure the defendant’s release. This cash amount can be paid by the defendant themselves. Alternatively, cash bail can be paid by a friend or relative. Paying cash bail for the full amount can be a huge expense. If the defendant doesn’t attend court, this amount could be forfeited.
Property Bonds
Property bonds involve the use of real estate as collateral to cover the bail amount. This can be a risky way to secure bail. Property bonds can also delay the release of the defendant as the real estate’s value will need to be appraised before it’s accepted.
Bail Bonds
Bail bonds are the most popular way to cover bail costs. The defendant or their friend or relative contacts a bail bondsman to organize bail. The bail bondsman will agree to pay the full bail amount if the defendant doesn’t attend court.
In exchange for the bail bond, the defendant or their bail cosigner pays the bail bond agency a fee. This is a percentage of the total bail amount. This percentage can vary by state. In California, the percentage fee is limited to 10 percent.
How Does the Bail Bond Process Work in Los Angeles?
The California bail bond system can seem super complicated, but this infographic helps break it down.
Here’s a simple, step-by-step guide to how the Los Angeles bail bond process works:
The Defendant is Taken to Jail
Firstly, the defendant is arrested. They’re then taken to the jail. Once at the jail, the defendant will be processed. This involves mug shots and fingerprints being taken. A background warrant search on the defendant is also completed at this stage.
A Bail Amount is Set
While the defendant is in jail, a bail amount will be set. In some cases, the bail amount will be set by a judge. The judge may also put certain restrictions in place that the defendant needs to follow upon their release. This will depend on the charges that the defendant faces.
In many cases, the bail amount is set according to the county bail schedule. This means that the bail amount is not set by a judge. The County of Los Angeles has a bail schedule for misdemeanor offenses and a separate bail schedule for felonies.
Bail Hearings
A bail hearing is held if bail is to be decided by a judge. The judge will decide whether the defendant can be released from jail awaiting trial. The judge will also decide on the bail amount and any restrictions that are conditions of release from jail.
Possible bail hearing outcomes in Los Angeles:
- Held on Bail - a defendant is held in jail until their trial unless the bail amount set by the judge is posted.
- Held Without Bail - a defendant is refused bail and will remain in jail until their trial date. In the state of California, it’s rare for defendants to be held without bail. This usually only happens when the defendant is considered a risk to the general public.
- Own Recognizance (OR) - getting released from jail on your own recognizance is pretty common in the County of Los Angeles. This means that you’re allowed to be released from jail after your arrest. However, you need to promise to attend your court dates. If you face certain felony charges or the judge decides you’re a flight risk, own recognizance may not be granted.
Even if you’re released from jail on your own recognizance, the judge can still enforce restrictions. These can include a curfew or imposition of travel restrictions. If these restrictions are violated, the defendant can be returned straight to jail until their trial hearing.
Factors that judges take into consideration when deciding bail conditions and bail amounts:
- The type of crime committed by the defendant and its seriousness.
- The likelihood the defendant is a flight risk and won’t show up in court for their trial date.
- If the defendant has a previous criminal record.
The Defendant is Allowed to Make Phone Calls to Arrange Bail
Now, the defendant knows the bail amount that has been set either according to the county bail schedule or by a judge. At this stage, the defendant is now allowed to make phone calls.
The defendant can choose to make a few phone calls at this stage. This is the time for them to work on their release. They may contact a family member or perhaps a friend to arrange bail on their behalf. Alternatively, the defendant can call a bail bond company, such as Mr Nice Guy Bail Bonds, directly. This allows the defendant to arrange their own bail.
The Bail Bond Agent Starts Gathering Information
So, either the defendant, a friend, or a family member can arrange bail. Once the bail bond agent has been contacted, they should get to work right away.
Before the defendant can be released from jail, there’s some paperwork that needs to be handled. The bail bond agent will need to gather together some basic information about the defendant and the charges they face.
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Bail Options are Explained
Now, the bail bond agent has the information they need about the defendant. They’ll now be able to talk you through your options.
The agent will probably offer you a choice of options for your bail bond. It’s essential to think on these options. This will help you make the very best choice for your unique situation. Of course, you won’t want to take too long. This is especially true if you’re the defendant waiting to get released.
Bail Application Paperwork is Completed
Once you or your loved one has decided on the right option, it’s time to take action. It’s time to fill in the application paperwork to get things moving.
You’ll probably be offered the choice of filling out the paperwork online or doing it on paper in person. This flexibility makes it much more convenient. This is especially true if you’re filing bail for someone else.
Payment Options are Discussed, and Payment is Made
When the paperwork is all done, you’ll need to make the deposit payment. Most bail bond agents allow you different options to pay the deposit.
Figuring out how to pay the bail bond agent is a vital point to consider. If you have a preferred way to pay in mind, it’s best to check this is accepted. Talking about this with the bail bond agent before you complete the application process is a wise idea. This will help you save so much valuable time. It means that you or your loved one can cut down on wasted time spent in jail.
Bail Bond Agent Arranges Defendant’s Release From Jail
Now the paperwork has been filed, and payment has been processed. This means it’s time for you or your loved one to be released. This will happen once the bail bond agent has delivered the bond to the jail.
The defendant could be released in a really short time. This could be within as little as 30 minutes. But in some cases, it can take a few hours. This often depends on how busy staff are at the jail at the time bail is posted.
Defendant is Free While Awaiting the Resolution of the Case
After the bail is posted, the defendant will be free.
Paying the bail bond means that the defendant will be free until their case is resolved. This means if the defendant’s attorney successfully gets the charges against them to be dropped. Even if the charges aren’t dropped, the defendant will remain free until their court appearance.
If the defendant doesn’t stay in compliance with the terms of their bail, they could be returned to jail.
There are many reasons why a defendant could find themselves returned to jail. This could include being arrested for another offense. Or being in breach of bail conditions. Breaching a stay-away order by visiting an area they’re not allowed to go to could cause a return to jail. Another example would be failing to attend treatment for drug or alcohol abuse that forms part of bail conditions. So, it’s vital to comply with the conditions of bail.
For further information, take a look at this helpful Los Angeles bail bond process infographic.
Choosing the Right Professionals
Understanding how the bail bond process works in Los Angeles can be a really big help. If you or your loved one find themselves in jail, this information is crucial. Acting fast to secure the defendant’s release is a must. To do this, you need the right professionals on your side.
Taking care to pick a professional bail bond agent to act on your behalf really is so vital.
Choosing a licensed bail bond agent is essential. You need to be sure to avoid bail bond scams. All reputable bail bond agents in Los Angeles will be licensed by the California Department of Insurance. So, it’s wise to check these credentials before you hand over any cash or personal details.
As well as being reputable, you also need to be able to depend on the bail bond agent. This is because you’ll be reliant on them to arrange the defendant’s release from jail as soon as possible.
Taking the same care to choose a skilled criminal attorney to represent the defendant is just as crucial. Picking the right attorney gives you peace of mind the defendant’s being represented in the best way. This can really help to secure the defendant’s release from jail on bail. Of course, the right attorney is also essential to help give you the best representation at your hearing. Your attorney may even be able to get your charges dropped before you go to court. So, choosing your legal representative wisely is a must.
Find a Skilled Criminal Attorney Near Me
If you’re looking for a skilled criminal attorney to represent you or a loved one, we can help.
Contact the team at Los Angeles Criminal Attorney right away and find out how we can assist your case.
