An arrest is a stressful event that can make you worry about your future or that of your family. It is normal to feel anxious before or following an arrest. However, you or a loved one does not have to remain in jail. You can post bail to secure your release. If you require quick and reliable Costa Mesa bail bond services, contact Riverside Bail Bonds.
Bail Provisions In the California Criminal Justice System
Currently, California provides for a cash bail system under which many offenders can secure release from jail after posting a cash bail. Unfortunately, most offenders have no resources to post the full bail in cash. In this situation, they employ Costa Mesa bail bondsmen whose role is to post bail on behalf of offenders for a fee. A bail bondsman bears the risk of losing money to the court if the defendant violates the conditions of the bail or fails to show up in court as required.
California's attempt to abolish cash bail through Senate Bill 10 was overturned by voters in 2020 via Proposition 25. Therefore, the cash bail system remains in place statewide.
Determining The Bail Amount
Following an arrest, most defendants are anxious and unsure of the bail amount the court sets. The amount of bail the court will order you to pay is based on the type of offense you committed. Judges also use bail schedules to decide on the amount of bail you will pay for the offense you are accused of. According to Penal Code 1269b(b), the judge will decide the amount you will pay as bail during and after your first appearance. The bail amount can be more or less than the amount set in the bail schedule, subject to the provisions of Penal Code 1275. The bail amount can be as low as $20,000 for a less serious crime. On the other hand, the bail amount can be as high as $55,000 for severe offenses.
Common Ways Of Posting Bail
There are various ways of posting bail after you have been accused of committing a crime. First, you can decide to post a cash bail. In this case, you must have the exact amount of money for the whole bail or post a cashier’s check at the detention facility. However, most arrestees do not have sufficient income to post a cash bail.
You can post bail through a Costa Mesa bail bondsman under Penal Code 1276. This is a popular way of securing a release from custody in California. In this case, you enter a contract with a bail bonds company, which will post bail on your behalf if you commit to attending court dates. However, a bail bondsman will not post your bail for free. You will incur a 10% non-refundable service fee known as a premium. A bail bond provider might also ask you to put up collateral before posting your bail. The collateral can be your car, a piece of land, a house, or any other valuable asset.
You can use property bonds to secure your freedom from custody. According to Penal Code 1276.5, a property bond is where defendants post their equity interest in a real asset, guaranteeing their appearance in court. The value of the defendant’s equity must be at least double the bail amount. You can only secure a property bond if your property has been appraised recently. The judge will grant a property bond and set you free if you have enough equity in the property.
Bail Reduction In Costa Mesa
Another common concern for most offenders, especially those facing felony charges, is the reduction of their bail. Fighting criminal charges outside of jail is better than fighting them while in custody. The court can deny you bail if it feels that you are a threat to public safety or a flight risk. In most cases, the discomfort of being behind bars provides a coercive incentive to offenders to enter a plea deal in exchange for the promise of imminent release. Unfortunately, this can lead to dispositions that are less than ideal and can have a negative influence on your life. In this case, the need to be released can outweigh concerns regarding the fairness of the plea deal.
For these reasons, your criminal defense attorney can pursue a bail review or reduction if you are facing serious charges. The primary considerations when the judge sets the bail figure are flight risk and public safety. In situations involving white-collar offenses, like embezzlement or fraud cases, there is no risk that an offender will be a threat to public safety. However, violent crimes are treated differently. The judge will also take into account the risk that you can escape and fail to return to court.
Factors That Determine Bail Amount In Costa Mesa
The judge will set the bail according to the bail schedule in the county where your case is being tried. In Costa Mesa, the schedule contains dollar amounts, which correspond to each offense and extra factors linked to the crime, like previous criminal record or multiple victims. The court will also determine if you are a danger to society or a flight risk. Regarding whether you are a flight risk, the court will review your past court appearances. The judge will also look at the period your jail term will take. You will be deemed a flight risk if you are facing charges that could lead to life imprisonment. The court will also take into account the jurisdiction of your residence and the period you have stayed there. A defendant has strong ties to the community if he/she has property, a job, and a family in the jurisdiction. Your criminal defense attorney can point out that you are not a flight risk if you have a family, a job, or property. The primary concern is often whether you will return to court to address the criminal charges.
Motion To Reduce Bail
The judge has the power to deviate from the bail schedule and lower or increase the bail. Your attorney’s motion can address both flight risk and public safety and propose appropriate options to cash bail that can guarantee your future appearances in court. The options can include home confinement and electronic monitoring.
You cannot be placed in jail for lack of money to post a large cash bail if alternatives to cash bail can guarantee your appearance in court. In these cases, cash bail serves as a de facto detention order because of the economic hardship of paying a massive cash bail.
It is vital to present a bail reduction motion on time, and the support from your friends and family members is critical. All information and mitigating documents should be tabled as part of the pitch for lower bail. This can include:
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Information regarding proposed housing after being set free from jail
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Documentation of work history
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Letters of support
You should provide the information that can convince the judge that you will adhere to the terms of bail and pose no threat to people during the pendency of the case.
Bail Bond And Penal Code 1275 Hold
If you are facing criminal charges in California, the judge presiding over your case will decide if you are eligible for bail for your pre-trial release and how much bail will be. It is a crime to secure bail money through criminal activity. The judge can impose a ‘’PC 1275 hold’’ if it is established that you will use or have used illegal funds to post bail. The court will delay your release from jail if this happens. Your criminal defense attorney will be forced to prove the source of the bail money before you are set free.
A ‘’PC 1275 hold’’ often applies if the judge is convinced that the money you used for bail was obtained by committing a felony like selling drugs. ‘’PC 1275 hold’’ comes from Penal Code 1275.1, the law that governs bail hold. However, you can fight the hold during the PC 1275 court hearing if the judge puts a hold on your bail. The court can only release or remove the hold if you can prove that you obtained the money lawfully.
Fighting Penal Code 1275 Hold
You have the right under California law to fight a PC 1275 hold. The court will set a bail hearing where you will have a chance to prove that your bail money came from lawful sources. The following are some of the financial documents you can present in court:
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Income tax returns
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Pay stubs
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Credit card statements, and
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Bank statements
The above documents can significantly support your allegations about the legal source of your bail money. Your criminal defense attorney can also present affidavits or testimonies from people who understand your financial status. For example, you could have borrowed the money from a family member or friend. In this case, you can ask a family member or friend to testify or present a written statement showing the lending circumstances.
Post-hold Proceedings
The PC 1275 hold will be released, and you will be set free on bail if your attorney convinces the court by a preponderance of the evidence about the legality of your bail money. The hold will remain if you fail to prove that your bail money does not come from criminal activities. If this happens, the judge will deny you bail pending trial.
Getting Your Bail Money Back
Several factors will determine if a defendant will get the bail money back. Some of the factors will include adherence to court orders and the type of bail used.
Cash Bail
You will receive all your bail money after your case if you post your bail in cash and observe court orders, including attending court hearings. Unfortunately, the refund does not include court or administrative fees that were incurred.
Property Bonds
The court will release the lien on the property if you comply with all court orders for property bonds. However, the court will order you to pay administrative costs.
Bail Bonds
The premium you pay to a Costa Mesa bail bondsman is non-refundable even if you comply with court orders. Bail bondsmen treat the premium as a service fee that guarantees the entire bail amount to the court. You should not expect a refund of the premium if you used a bail bond to secure your release from custody.
Losing Your Bail Money
The court will retain your bail money if you do not attend your court dates as ordered. This is often known as ‘’bail forfeiture.’’ The judge will issue a warrant for your arrest if you jump bail. You should inform the court beforehand and prove your allegations if you have valid reasons for skipping the court, such as an emergency or illness.
The judge will put a lien on your property if you used it to secure bail for your release. The lien will be enforced if you fail to show up in court as agreed. Your property will eventually be put in foreclosure, and you will forfeit the property.
Release On Own Recognizance
A release on own recognizance is commonly abbreviated as an O.R. release. You can request the judge for an O.R. release if you are not accused of a serious offense. The court can grant you an O.R. release if you are not a threat to the public and the judge is convinced that you will make your future court appearances. This type of release is often granted to people charged with first-time misdemeanor crimes like driving under the influence. In this case, you only need to promise the judge in writing that you will show up for your future court dates.
Sometimes, your criminal defense attorney can propose the following bail conditions for you to secure an O.R. release:
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Placement in an inpatient treatment facility
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Wearing a SCRAM device for alcohol monitoring
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Putting you on house arrest with electronic monitoring
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Ordering you to put on a GPS tracking device
If your attorney succeeds in convincing the judge to release you on an O.R., you will be set free immediately and save a significant amount of money in bail costs.
You will be ordered to sign a release agreement if the court releases you on your own recognizance. The agreement can have the following details:
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A promise to attend future court proceedings
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A promise to adhere to all conditions set by the court
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A promise that you will not leave your jurisdiction without consent
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Waive extradition if you do not show up in court, or if you are arrested in another jurisdiction
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Confirmation that you were aware of the pending punishment if you do not attend court hearings
Misconceptions About Costa Mesa Bail Bonds
The common misconceptions about Costa Mesa bail bonds are:
You Must Hire An Attorney Before Posting Bail
You do not need an attorney before posting bail. You can do so without reaching out to your criminal defense attorney. You can first post bail and then seek the services of an attorney later.
You Need Collateral For Bail Bonds
Most people believe that a defendant requires collateral to secure bail. Sometimes, you will need collateral to secure bail, but most charges do not require collateral to post bail. In most situations, you will only need to fill out several forms and pay a small fee to the bail bondsman.
You Must Attend A Court Hearing To Post Bail or Be Set Free
It is a misconception that you have to wait until you appear before the judge to be released or post bail. You can post bail within hours of your arrest. The police can release you on bail without you having to stay in custody or spend days securing a court date.
Apart from easing anxiety related to spending time in custody, the advantages of posting bail early include:
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Avoiding enhanced bail costs if the judge establishes that you are facing several charges or you have a record of past crimes
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Avoiding out-of-state warrant holds
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Avoiding probation holds
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Posting bail early can help you prevent the risk of an immigration hold.
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It gives ample time to scout for a skilled criminal defense attorney.
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Avoiding Penal Code 1275 hold
Bail Bonds Are Costly
A common myth about bail bonds is that they are costly. Most defendants might fear contacting a Costa Mesa bail bondsman because they assume it will be too expensive. Bail bonds are affordable because you only pay a fraction of the bail figure to serve as compensation to the bail bondsman for posting bail for you. In California, a bail bonds company should not charge a premium that exceeds 10% of the full bail.
Court Information
Costa Mesa Justice Center
3390 Harbor Blvd, Costa Mesa,
CA 92626, United States
Jail Information
Costa Mesa Police Department Jail
99 Fair Dr, Costa Mesa,
CA 92626, United States
Find a Reliable Costa Mesa Bail Bondsman Near Me
If you or someone you care about is in custody, Riverside Bail Bonds can guide you through every step of the bail bond process. We take pride in being among the most trusted and affordable Costa Mesa bail bond providers. We process bail fast so that you or your loved one can be reunited with family. We work with our clients to create customized payment plans that suit their unique situations. Contact us at 951-788-2663 to speak to one of our bail bondsmen.
