FREQUENTLY ASKED QUESTIONS

Once an individual is arrested and charged with a crime, chances are they will need a bail bond agent to gain freedom pending the case outcome. However, even with a bondsman on hand, not everyone can be released on bail. A judge may order No Bail for a defendant and Capital Crimes are generally not bailable offences.

California's highest court has ruled that judges in the state will have to consider a suspect's ability to pay when they set bail. This significant decision requires that those who can't afford bail be freed unless deemed too dangerous to be released awaiting trial. This is another reason Acme Bail Bonds provides interest-free financing to our clients.

• Cash Bail
• Collateral Bail
• OR (Own Recognizance) Bond
• Bail Bondsman

If charges are not filed after the 72 hours following your arrest, you will be released, but the state still reserves the right to file charges later, as long as they file charges within the statute of limitations.

The answer is no. Once a person is in prison, that is it. There is no way to get out except by expiration of sentence, or by death. Bail is used to stay out of jail while awaiting trial or sentencing for the crime.

The bail bond agent can sue anyone who signed the documents and promised to pay if money is still due. If you signed the documents, you agreed to whatever terms they stated.

Those who are arrested for more serious crimes like murder or domestic violence will have to stay in jail until the bond hearing. Most states can't hold suspects in jail for more than 48 to 72 hours without filing charges against them.

Upon completing your case, the judge will "exonerate" your bail bond in open court. The bail bond is no longer active at this point, but other financial obligations may still apply.

When a person is arrested, they are typically taken to a police station where they are fingerprinted & photographed as part of the arrest process. Bail can only be arranged once the booking process is complete.

Sometimes, you may get your money back in as little as two weeks. However, it can easily take three times as long for a check cut by the court to reach you through the mail. If a refund takes any longer than six weeks, it's time to call the court and do some follow-up work.

Sometimes, you may get your money back in as little as two weeks. However, it can easily take three times as long for a check cut by the court to reach you through the mail. If a refund takes six weeks, it's time to call the court and do some follow-up work.

A bail bond generally costs 10% in California, as filed with the California Department of Insurance. Other rates may be available to you, so ask your bail agent. The bail fee, or premium, is a non-refundable percentage of the bail amount.

Personal property can be collateral when obtaining a bail bond without cosigners / indemnitors. A bail bondsman holds the collateral and returns it to you once you appear in court. No cosigner is needed to put up bail bond collateral.  

If you arrange for bail and sign a contract, you are known as the "cosigners / indemnitors." Bail bond contracts are akin to insurance. By paying bail, you promise the courts that the arrested person will appear for their court date in exchange for being allowed to leave jail.

Even though paying for a bail bond won't directly affect your credit score, it can have repercussions.

If the defendant flees or refuses to go to court, the cosigner can contact the bail bond company and let them know where the defendant is so they can pick them up and take them to jail. 

The court requires the bail amount to be paid in full before you can be released. The bail bondsman also guarantees the court that the total amount will be paid if you do not attend court appearances or fail to pay the bond amount.  

If they flee or jump bail, as the signer, you are accountable and required to help the bondsman locate the defendant. If the defendant fails to show as ordered by the court, a warrant is issued for the defendant's arrest, and the bail amount is forfeited to the court. 

A bail bond is a contract, so the answer is yes. If you don't hold up your end of the bargain, the bond company can remand you back into custody—some conditions to apply.

Bail is simply an amount of money deposited with the court to ensure you show up for all court proceedings. You can post your bail in cash with the court and then be released from custody. The court will accept a bail bond if the defendant does not have enough money to post the entire bail.

The difference between bail and surety bonds is that bail involving cash bonds only requires the involvement of the defendant and the court. Surety bonds, however, require the participation of three parties in the bailing process—the court, the defendant, and the bail agent.

A surety bond in the case of making bail is the amount of money in cash or property to ensure the arrested person attends all required court appearances. The bond enables the person charged with a crime to be released from jail until their case is completed.

Surety companies will typically refund all unearned premiums. However, there are distinct situations that will cause a bond to be ineligible for a refund: the bond does not have a cancellation clause. Therefore, it cannot be canceled mid-term and will have no unearned premium. The bail premium is fully earned upon the defendant's release from custody or jail.

The updated California bail law's primary purpose is to narrow the criminal justice system's economic gaps.

1. Resisting an executive officer
2. Protective or stay away order violation
3. Domestic violence
4. Restraining order violations/ stalking
5. Any offense requiring registration
6. Driving under the influence
7. Felon in possession of a firearm
8. Assault with a deadly weapon
9. Residential burglary
10. Selling, furnishing, or giving a minor listed drugs
11. Throwing acid or flammable substances
12. Discharging a firearm at a dwelling, vehicle, or aircraft
13. Shooting from a vehicle
14. Intimidation of victims or witnesses
15. Criminal threats
16. Murder or voluntary manslaughter
17. Rape
18. Any felony punishable by life in prison
19. Any felony where the defendant personally inflicts significant bodily injury
20. Any felony where the defendant personally used a firearm
21. Arson
22. Attempted murder
23. Explosive device violations
24. Kidnapping
25. Continuous sexual abuse of a child
26. Carjacking
27. Weapon of mass destruction
28. Human trafficking
29. Pandering with a minor

Each county appoints a judicial committee that sets the standard bail amounts based on charges. This schedule allows a person to be released from custody before a court appearance. Each county also has a Bail Deviation Program that permits the bail increase or decrease from the bail schedule based on certain circumstances. Your Bail Bond Agent does not have any attribute to the bail amount.

You violate your contract if you don't pay the bail bond premium. Even if the defendant isn't due to go back to jail, the bond company can take you to civil court to request the remainder of the premium payment. Pay attention to the situation. Work with your bail agent to find a solution.

Some argue that Cash bail perpetuates inequities in the justice system that are disproportionately felt by communities of color and those experiencing poverty. Spending even a few days in jail can result in people losing their jobs, housing, and even custody of their children.

While both are a way for a person to be released from incarceration while awaiting trial, "bail" is a monetary amount set by a judge that a person must pay, and a "bond" is a promise, usually in the form of money paid by a bond company (sometimes referred to as a "bail bondsman"), who a defendant has hired.

California's top court ends cash bail for some defendants who can't afford it. Los Angeles County sheriff's deputies moved inmates through the Men's Central Jail in Los Angeles in May 2019.

For first-time offenders, bail costs can be as low as $2,500, but they can quickly jump to $10,000 for second and third offenses. Some states may also consider the quantity and determine intent to distribute. The latter means a higher bail cost, while a small amount may lower the price.

To answer the question, yes — you can bail yourself out of jail. If you have the means to do so, then you can. When you turn to a bail bond agent to post bail, they’ll look at a few things: Credit score.

“The lens of due process is going to be on every bail because prosecutors are going to have to prove, by clear and convincing evidence, a flight risk or danger” if they seek to keep a lower-income suspect in custody.

When a bail amount is set at 0, you stay in custody: zero bond – no numerical amount set so that no bond can be posted.

Cash bail in California may soon become a thing of the past for misdemeanors and many non-violent felonies. … In a 28 to 8 vote, the state senate passed this wide-sweeping bill promising to restructure California’s criminal justice system, setting bail at zero for all misdemeanors and all “low-level” felonies.

A bail bond is a legal paper presented to the jail in return for the release of an arrestee. Once accepted by the jailer, this paper instrument assures the court that the person named on the bond will appear as mandated. The bond will become payable to the courts in its entirety should forfeiture occur. Both parties, the agent and the Indemnitor, have certain financial liabilities from this point forward.

The California Department of Insurance has set a standardized 10% fee to all companies known as a Premium. A ‘Filed Rate’ with the Department of Insurance permits an 8% Premium to those with legal counsel and members of a Union or the Armed Forces.

The 10% is based on the total amount of the bond. For example, 10% of a $10,000 bond is $1,000. This is the fee charged by the bail company for a bond. It is non-refundable. The total bond amount will become due if forfeiture occurs. The premium is not deducted from the original amount, and the premium is the fee earned by the bail company.

A bench warrant is issued when a failure to appear in court occurs. To clear the warrant, the person must appear in court. Your bail company can prepare a motion to the courts for this purpose. The bond will be exonerated if all other court appearances are met (medical conditions are the exception). A bail company can be a filter between you and the courts. Some processes are within the normal scope of business for a bail company, such as filing a motion or appearing in court with the defendant.

An arrest occurs, a charge is determined, and the bail amount is set according to the charge outlined in the California Bail Schedule. That’s the fundamentals of the bail process. In between, a bail bond transaction occurs with the bail company and the Guarantor / Indemnitor or defendant to secure the bond before posting. You have the right to bail according to the US Constitution’s Eighth Amendment; exceptions are capital offense murder charges.

A bail bond company is essential to use for these reasons. First, release time can happen quickly -any time of the day. Secondly, financial help is always available through a bail bond company- ask. Last, the bail bond company can explain, in straightforward terms, your charges, what to expect in court, and how bail works.