The question that often crosses your mind after an arrest is how to secure a release from jail to move on with your life, pending the judgment of the alleged violation. While in some cases the police may allow you to go home with only a citation to appear in court later, in other cases, you must post bail to stay out of jail as your case continues.
The purpose of the bail system is to ensure you are out of legal custody following an arrest and your availability during the scheduled court hearings. However, not everyone has the financial means to post bail immediately after an arrest.
That is where we at Riverside Bail Bonds come in to ensure you are out of jail as soon as possible. Our bail bondsmen are available around the clock, ready to offer you speedy Cypress bail bond services to secure your pretrial release.
Understanding Your Legal Rights and What to Expect After an Arrest in Cypress
An arrest can be a scary and intimidating process, but all hope is not lost. Understanding your legal rights and what to expect when that happens to you can make a significant difference in the outcome of your case. Some of your rights after an arrest include the following:
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Right to remain silent
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The right to humane treatment
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The right to hire an attorney
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Right to see the judge within forty-eight hours for arraignment
Once the police take you to jail, you will go through a procedure known as booking, where the officer in charge will do the following:
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Record the details of the alleged offense
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Record your name
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Check whether you have any outstanding warrants
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Take your fingerprint and mugshots
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Check whether you have a criminal background
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Thoroughly search your person for contraband
Depending on the number of unbooked arrestees and the number of officers on duty, the booking process could take anywhere from 1 hour to less. After this administrative process, the police will detain you until you post bail.
Bail is the money the court requires you to pay as an assurance that you will return to court to challenge the alleged violation. However, whether or not you will qualify to receive your freedom on bail will depend on the judge's decision during the bail hearing. At the bail hearing, the judge could decide to:
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Release you without bail
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Deny your bail
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Set your bail
A skilled attorney will strive to convince the judge to award you an own recognizance release, allowing you to walk out of jail without paying any money. However, if that is impossible, he/she can negotiate with the judge to reduce the bail amount. For example, the court could agree to reduce your bail amount if any of the following is true:
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You are indigent
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You are a first-time offender
When you show up at court as required after your release on bond, the court will return your money.
Potential Financial Risks of Posting Cash Bail
Following an arrest, you can post your bail using cash, a property bond, or a bail bond. All of these options of posting bail have their pros and cons. Posting cash bail after an arrest can be one of the quickest ways to regain your freedom. However, you should evaluate the possible financial consequences and risks associated with this decision on your or your cosigner’s finances.
Possible financial risks of posting cash bail include:
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Huge Cash Outlay
When you decide to post cash bail, you must have the entire amount in cash. If you cannot raise the entire amount while in legal custody, your family can help consolidate the funds. If necessary, that could force them to liquidate their savings, sell properties, or take loans to pay the amount.
While bail is refundable, you will not have access to funds for some weeks, months, or even years, depending on your case’s duration. That means, even after securing your freedom, you must find other means to pay for your attorney and other expenses, which could cause significant financial strain.
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The Court Can Forfeit Your Bail
Whether or not the court will refund your money after posting cash bail hinges on your compliance with the terms of your release on bond. When you skip a scheduled court date, the judge will likely order a revocation and forfeiture of your bail unless you have a justifiable excuse for the violation. For example, the court may consider a medical emergency or an accident as a justifiable reason for failing to attend your hearings.
However, it is advisable, with your attorney's help, to notify the court of the situation in advance to avoid risking your or your cosigner’s money.
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The Cash Bail is Not a Penalty for Your Offense
The bail amount can be significantly high, even though it is not a punishment for your violation. The purpose of posting bail is to guarantee that you will return to challenge the alleged violation for the possible outcome. After your case ends, the court will return your bail money. However, that is not assured because the court may redirect the money to cover any victim’s restitution and administrative fees.
While cash bail still faces a lot of criticism because it disadvantages low-income earners, it is an option you can consider if you or a loved one is under arrest in Cypress. However, you should keenly evaluate the above possible risks before you make this decision.
Your Options if You Cannot Afford Cash Bail
Undoubtedly, posting cash bail following an arrest can be a financial strain to many, especially if you do not have people you can rely on to raise the required amount. If you are in jail in Cypress and have no money for bail, staying in jail as you wait for your trial is not an option.
With the legal assistance of your attorney, you could qualify for the following to stay out of legal custody pending the outcome of your case:
Pretrial Release Programs
Depending on the facts of your unique case, you could qualify for pretrial diversion programs to stay out of legal custody following an arrest. For example, if you are under arrest for simple drug possession charges, the prosecutor could allow you to participate in a drug diversion program.
A drug diversion program allows you to stay out of legal custody and receive the necessary treatment and counseling related to your violation. After completing the treatment and complying with other terms of your release, the court will drop your case.
Own Recognizance (O.R.) Release
As mentioned in the previous paragraph, an O.R. release allows you to regain your freedom without having to post bail. Instead, you will sign a promissory note, agreeing to make all your court appearances. However, not every arrestee qualifies for this pretrial release option. The court will be more inclined to award an O.R. release if:
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You are a first-time offender
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The alleged offense is non-serious or non-violent
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You have strong community ties, including stable employment or long-term residence
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You are not a flight risk
Bail Bonds
Following an arrest, you could qualify for Cypress bail bonds to stay out of jail while awaiting a verdict on your case. Securing bail bond services is the most commonly used pretrial release option because it is cost-effective and easily accessible.
When you opt to secure Cypress bail bonds after an arrest, you or your cosigner should be ready to pay the bail bondsman a premium (10% of the court-set bail). If raising the bail bondsman premium is still a hassle for you, you should look for a bail bondsman who offers no-money-down bail bond services.
Certain bail bondsmen could post your bail even if you do not have money to make a down payment for the premium, as long as you sign the agreed-upon payment plan.
Property Bond
Posting a property bond means you will have to use a real asset or property, including a home or car, as collateral for your release from the detention facility. PC 1298 authorizes the use of a property bond following an arrest. However, this option could delay your release from jail because the judge has to verify the monetary value and ownership of the property you will use.
While it is a less common pretrial release option, posting property bonds could work to your advantage if you cannot afford cash bail or a bail bondsman’s premium.
Reasons Why Securing Cypress Bail Bonds is a Smarter Option After an Arrest
Bail bonds are the most commonly preferred pretrial release option for many defendants for many justifiable reasons. Here are convincing reasons to secure Cypress bail bonds after an arrest for a bailable offense:
You Will Preserve Some Money for Future Needs
Securing bail bond services after an arrest allows you to preserve your liquid assets for future needs. That means you will have access to funds that you can use to hire a seasoned criminal defense attorney for legal representation on your case. As mentioned above, you only need ten percent of your bail to access quick bail bond services, which is much more affordable than paying the entire cash bail in full.
It is a Cost-friendly Option if Your Bail is Extremely High
Grave crimes, especially those involving violent acts or the use of a firearm, could attract an extremely high bail amount. If your bail price is high, it could be extremely challenging to consolidate the funds and post your cash bail immediately to secure your freedom. That leaves you with bail bonds as the quickest and most affordable option for securing your pretrial release.
You Will Access Legal Guidance
While a bail bondsman is not a legal expert, he/she can offer crucial legal guidance following an arrest, especially if you have not hired an attorney yet. A bail bondsman's experience in the justice system can help streamline your bail process, ensuring you are out of jail without delay. Once you contact your bail bondsman, he/she will explain to you the requirements and guide you on the bail application forms.
Additionally, a reliable bail bondsman will explain the terms of your pretrial release on bail to ensure your complete adherence while out on bail.
Lessened Financial Scrutiny
When posting cash bail, the court must verify your source of the funds to ensure they are not proceeds of illegal activities or linked to your crime. Sometimes, the court may place a PC 1275 hold on your bail if it suspects the money resulted from illegal or fraudulent activity. When that happens, you will bear the legal burden to prove the money was from a lawful source to secure your freedom on bail.
However, you can avoid or lessen the chances of financial scrutiny when you use the services of a bail bondsman to secure your freedom. The court will not question the source of the bail bondsman's money that he/she intends to put as security for your freedom, meaning you will secure your freedom without delay.
Conditions the Court Will Expect You to Comply With After Securing Cypress Bail Bonds
If the court grants bail, the judge will set the conditions you must abide by while out of custody until your case ends. The purpose of these conditions is to safeguard public safety and to ensure your appearance on the scheduled court dates to defend your charges. Common bail terms the court could set for your pretrial release on bond include the following:
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Travel restrictions — To ensure your appearance on future court hearing dates, the judge could bar you from traveling outside the state or country, especially if you are a non-citizen
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Curfew — The court could require you to stay at home during specific hours of the night or day, especially if the alleged offense is gang-related
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Frequent drug testing — If you are under arrest for a drug-related offense, including drunk driving or drug possession, chances are the judge will require frequent drug tests while out on bail
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Comply with restraining orders — The court could impose a restraining order against you as a condition for your pretrial release on bail, especially if the alleged offense is domestic violence-related. A restraining order requires you to stay away from certain individuals, including the witnesses and victims of the offense
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Electronic monitoring — Electronic monitoring could be necessary to help the court track your whereabouts after securing your freedom on bond
If you are eligible to post bail after an arrest, you should be happy, but you must comply with the terms and conditions of your release.
Possible Consequences of Jumping Bail
Jumping bail or failing to make your court appearances after securing a pretrial release on bail could attract certain consequences, such as:
Financial Losses
When you skip bail, the court will forfeit your bail. That means that if you had to use cash bail to secure your freedom, the court will keep the money. Similarly, if you worked with a bail bondsman to secure your freedom, he/she will owe the court your full bail amount.
Then, your bail bondsman will recover the money from you or your cosigner. If you surrender collateral, the bail bondsman will seize it to recover the losses.
A Bench Warrant and a Possible Criminal Charge
When you skip bail, the judge will issue a bench warrant, authorizing the police to arrest and detain you. Additionally, bail jumping is also an independent offense that could result in jail time or a fine after conviction.
Relationship Strains
If a family member helped cosign your bail or bail bond, skipping your scheduled hearing dates will put his/her money and collateral at risk, affecting your relationship with him/her.
Ineligibility for Bail During Future Arrests
While it is not an immediate consequence, jumping bail can affect your eligibility for bail during any future arrest. That means the judge will require you to stay in legal custody pending the outcome of your case, which could take several days, weeks, or even years.
Tips on How to Avoid Bail Forfeiture After Securing Cypress Bail Bonds
Generally speaking, complying with the terms of your release is key if you want to avoid bail forfeiture and associated consequences. Nonetheless, here are a few tips that can help you avoid bail forfeiture after securing Cypress bail bonds:
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Stay informed — Ensure you take note of the date and time of your scheduled hearing. Keeping a calendar and setting reminders could help track your obligations and deadlines.
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Communicate when necessary — When an issue that can affect your ability to appear in court arises, you should consult with your attorney or bail bondsman immediately for guidance
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Surrender yourself to the court or law enforcement officers — Surrendering yourself to the law enforcement officers shows that your violation was unintentional
If a loved one or a friend is under arrest in Cypress, the following jail and courthouse address information could be helpful:
Jail Address
Cypress Jail
5275 Orange Avenue
Cypress, CA 90630
Fullerton Jail
237 W. Commonwealth
Fullerton, CA 92832
Courthouse Address
West Justice Center
8141 13th St
Westminster, CA 92683
North Justice Center
1275 North Berkeley Avenue
Fullerton, CA 92832
Find a Bail Bondsman Near Me
The bail process after an arrest can be overwhelming and confusing, but understanding the basics and what to expect can help you make informed decisions. Our profound bail bondsmen at Riverside Bail Bonds are here, ready to offer you quick Cypress bail bonds to secure your pretrial release. Call us at 951-788-2663 to schedule your first consultation with us today.
