San Diego Criminal Lawyers Blog
After an arrest, you are likely chomping at the bit to get out of jail. Pretrial release may be an option for you depending on various factors. At any rate, having an experienced local attorney looking out for your rights can make a big difference in how things unfold. The options you are looking at range from paying a bond, being released on your own recognizance, or staying behind bars until your trial.
Understanding Bail Bonds
A bail bond is commonly used as a financial guarantee that a defendant will appear in court when ordered to do so. The amount of bail is determined by the judge, and a bondsman guarantees the bail amount after the defendant, or principal, pays the bondsman a non-refundable premium, or percentage of that bail, known as the bond. Usually, the bond is around 10% in California. The bail bondsman issues a surety bond to the court on your behalf, promising that you will show up to court. If you skip a hearing, the court declares the bond due, and the bondsman must pay up. They will then chase you down for the balance, which you forfeit.
Naturally, bondsmen do not offer this arrangement out of the goodness of their hearts. They get to keep the premium 10% you paid up front, regardless of the outcome, and they will definitely use myriad resources to find you if you skip out. And they will not make a deal with you in the first place unless you have the collateral—like a car, house, or cash in the bank, for example, which will make the risk worth their while. In the event you do not have any such assets, they will require a cosigner or indemnitor. If you turn out to be unreliable financially, whoever signs on your behalf will be stuck with the debt.
Additional Strings to Bail
The court does not offer the option of bail to everyone. Several issues are weighed by a judge as they determine if, and what amount, to set bail, including:
- Your criminal history of the defendant;
- The nature of the crime;
- The assessed flight risk of the individual;
- The financial circumstances of the individual;
- Family, job, and other connections to the community;
- Alternatives such as reporting requirements, monitoring, or release on your own recognizance (ROR).
After being granted bail, the court will restrict your activities, any violations of which could result in the revocation of the bail agreement and land you back behind bars until your trial. Some restrictions may include:
- Limits on travel;
- Random drug or alcohol testing;
- Restrictions on communications or certain locations;
- Wearing an ankle bracelet.
Protecting Your Rights
The aggressive criminal defense attorneys at Boertje & Associates always fight to protect your rights and achieve the best possible outcomes for you. When the court does not see ROR as an option, we work to get a manageable bail set and go to work on your defense. To discuss your situation, schedule a confidential consultation in our San Diego office today.