What happens if you get arrested in California? Regardless of the alleged crime, the process will always be the same. After being physically arrested, a bail amount is set and you’re given the right to make a few phone calls. If you post bail, you will be released from jail and classified as “free on bail” until your case concludes. It sounds straightforward enough, though many individuals are inclined to ask: how do bail bonds work in California? The entire arrest process revolves around bail bonds, so we’ll explain how they work.
What Is A Bail Bond?
Before we understand “how does bail work in California”, we must define a bail bond itself.
The simplest definition is that a bail bond is a type of surety bond.
When bail is set in Californian prisons, you can choose to pay it through a few methods. One of these is a bail bond, meaning a company provides this surety bond to the court instead of paying the full bail amount upfront. It’s used as a legally binding agreement that the defendant (you) will attend all their court appearances once released from jail and will follow all other terms of the release agreement.
Who Provides Bail Bonds in California?
All bail bonds in California are provided by licensed and registered bail bond agencies, like Mr. Nice Guy Bail Bonds. You should never obtain a bail bond from anywhere else as the company (or individual) may be acting illegally.
All bail bond providers must be registered with the California Department of Insurance. This is the government department responsible for regulating the commercial bail bond industry. If a provider doesn’t have a valid license with the CDI, then you know they’re not legitimate.
How do you check a bail bondsman’s license? The CDI has a useful license checker that lets you type in the name of a company, individual, or their license number to see if:
- They have a license to act as a bail bond agent
- Their license is valid
How Do Bail Bonds Work in California?
You know what bail bonds are and who provides them, but how do they work? There’s a fantastic infographic that goes through all the steps involved in this process, and we’ll summarize them here for you:
- You’re placed under arrest
- Bail is set and you can call a bail bond company
- The bail bond company collects your information and provides information on bail bond types
- The bail application paperwork is completed by the bail bond company
- The bail bond company gets paid
- The bail bond is delivered to the jail
- You’re released pending the trial conclusion
It’s not the trickiest process to understand, though there are some nuances worth going over. First of all, what do you have to pay when obtaining a bail bond? We know you’re not paying the full bail amount, so what will you be paying the bail bond company?
In essence, bail agents charge a fee for their services. It’s how they get paid - and this fee is non-refundable. Rates may vary from company to company, but in California, the going rate is typically 10% of the bail amount. Instead of paying $5,000 for bail, you pay $500 for a bail bond.
In other words, you’re paying less than the full bail amount to be released from jail. This is the best way to approach bail as there’s no need to pay the complete amount and spend far more money. Bail bonds let you manage your budget and avoid cash flow issues that could result in problems relating to ongoing bill payments, etc.
There are different types of bail bonds; some require collateral while others are collateral-free. If a bail bond company demands collateral, it means you have to put assets up as security against the bail bond. Should things go wrong, the assets can be seized by the company and used to make payments to the court. In an ideal world, this won’t happen and can be avoided if you simply follow the rules after being released from prison.
Once you’ve paid the bail bond company, they’ll handle all the paperwork and present the bail bond to the prison. It’ll be checked and validated before your release. This can take a few hours, but bail bond companies work 24/7 in California, so it’s always good to contact them as quickly as possible for the fastest release.
What Happens After A Bail Bond Is Posted?
When your bail bond is posted and you’re released from jail, a multitude of stipulations apply. You’re technically “free”, though there are things you must and must not do. This includes the following:
- You MUST attend all court dates until your trial ends
- You MUST avoid any criminal activity while free on bail
- You MUST NOT leave the state or try to flee
Other stipulations and restrictions can apply based on why you were arrested. In some cases, you may be placed under house arrest, meaning you can’t leave your home until the trial finishes. In other situations you might get a curfew; you’re allowed to leave the home and travel around town, but you must be back home by a certain time.
All of these rules will be outlined before you’re released and you must stick to them.
What Happens If You Break The Terms Of Your Bail Agreement?
If you break any of the bail terms, you will face serious consequences. The court can issue a warrant for your arrest and you may enter something known as bail forfeiture. This is when the court demands full payment of your bail. If you pay using your own cash, they keep it all and you lose a lot of money. For the purpose of this guide, you’re using a bail bond from a bail bond agency.
Consequently, the bail bond agency becomes responsible for paying your bail. As you can imagine, this means they could lose a sizeable chunk of money. They’ll often try to reinstate your bond by saying you made an honest mistake and point to a previously clean record as proof of your “innocence.” If this happens, bail can be reinstated and you’ll be released again.
If they can’t secure a motion to reinstate, they will likely turn to you to cover some of the costs of repaying the bond. It all depends on the type of bail bond you obtained - if you were required to put assets up as collateral, the bail bond agency is legally allowed to seize these assets and use them to pay your forfeited bail.
Moreover, you’ll be arrested and placed under a new charge, possibly with or without a new bail. If a new bail amount is set, it will likely be significantly larger than before.
How Does Bail Work in California After Your Trial Concludes?
Let’s imagine you’ve been released on bail and have attended all of your court dates. The trial goes on for as long as it needs to, and a decision is made. It’s the end of a long ordeal, but how do bail bonds work in California when the trial is over?
There are two outcomes when a trial concludes:
- You’re found guilty
- You’re found not guilty
What happens to your bail bond won’t depend on the outcome of your trial. When found innocent, there’s no obligation for the bail bond company to pay the bail amount. The court relinquishes the bail bond and everyone walks away with a smile on their faces. You’ve only paid for the bail bond service (the 10% fee) plus any court fees.
If you are found guilty, the bail bond will still be released back to the bail bond agency. From the court’s perspective, they held their side of the agreement. After all, a bail bond is a legally binding agreement between the bail bond agency, the defendant, and the court. The bail bond agency says to the court that they’ll ensure you attend all trial dates while being on your best behaviour. You’ve done this, so they get their money back. You will now be tasked with handling the repercussions of a guilty verdict. This can be anywhere between paying a fine and spending time in prison.
How Much Does Bail Cost in California?
While learning about how bail bonds work in California, it’s useful to understand how much bail costs. This lets you see why many people opt for bail bonds instead of posting a cash bail. While we can’t give you a set figure for bail amount in California, we can provide some examples of bail costs.
Bail might be set at anywhere between $5,000 for child abuse charges to $500,000 for murder.
The exact amount will vary on a case-by-case basis. Two people can be charged with the same crime in California, yet they may face different bail amounts. How is this possible? It’s down to some other considerations:
- The defendant’s flight risk
- Criminal records
- Any existing charges
A defendant is considered a “flight risk” if the judge believes there’s a strong chance they’ll try to escape the state while released on bail. They may think this is the case because the defendant isn’t from the area - or they have a history of doing so.
This blends into the criminal record factor; defendants with a bad criminal history will command higher bail amounts than those with clean ones. If you’re a repeat offender, it tells the court that you’re not learning a lesson and could perhaps benefit from spending time in jail.
Of course, if you have other charges levied against you, then the bail must reflect them. The same goes for instances when you’re arrested for one act, yet have committed multiple felonies in the process. Bail is set as an accrument of each individual charge.
What Are The Benefits Of Using Bail Bonds in California?
As demonstrated above, bail bonds in California can be truly expensive. Nobody plans on being arrested, so this situation will always be a shock to the system. It can catch you at a time when money is tough, or you have loads of other important bills to pay. You’re left with a decision: do you post bail and miss crucial payments, landing yourself in debt OR do you avoid posting bail and stay in jail?
Neither option is fortuitous, which is where bail bonds can be helpful. Working with a bail bond company helps you avoid paying the full bail amount while securing your release from jail. You can make those important bill payments without sacrificing your safety or sanity.
Moreover, lots of bail bond companies will offer payment schemes or discounts. Instead of paying the service charge in full, they’ll let you split it across numerous payments over many months. This makes a bail bond even easier to afford and more budget-friendly for everyone.
Are There Downsides To How Bail Bonds Work in California?
The bail bond system isn’t perfect, but it’s the best way to get free from jail without spending a fortune. Arguably the only downside is paying a fee for bail bond services. This 10% fee will be far less than the full bail amount, but it is completely non-refundable.
In theory, if you posted a cash bail and paid the full amount, it would all be refunded when your trial ends. You don’t technically end up spending money in the long run, but you do have to a) find a way to fund the full cash bail, and b) deal with a significant decrease in money until the trial ends.
Overall, bail bonds are an important part of the Californian criminal justice system. We hope this guide answers the question “How do bail bonds work in California?” while providing more information and hints as to how the whole process pans out. If you or someone you know is arrested in The Golden State, a bail bond will be the most favorable way to get out of jail and prepare for the trial.
