The legal system is complex, and navigating it can be overwhelming, especially when it involves the arrest of a loved one. The bail bonds process is an essential tool that helps secure a defendant’s prompt release from custody while awaiting trial. It is a system based on a promise, a financial guarantee, that ensures a person’s attendance at future court dates.
The bail amount set by the court may be high, but with a bail bond, you are only required to pay a percentage of the total. Once you pay the bail bond premium, the company posts bail on the defendant’s behalf. This service provides a practical alternative to paying the full amount out of pocket and relieves families and friends of financial strain during an already stressful time.
At Riverside Bail Bonds, we encourage you to call us for prompt and professional help securing your loved one’s release. Our skilled representatives provide confidential, compassionate assistance and guide you through every step of the bail process.
Types of Bail in California
The legal system has four primary forms of bail: cash bail, surety bonds, property bonds, and release on one’s own recognizance (OR). Each method provides a different way for a defendant to secure release pending trial, with varying financial and legal requirements.
Cash Bail vs. Surety Bond
Cash bail requires the accused or their family to pay the entire bail amount to the court. This money is used to secure the defendant's appearance on all the required court dates. If the defendant appears in court as required, the full amount is usually refunded at the close of the case, minus administrative fees.
The key benefit is that it is fully refundable but requires a large upfront payment, which many people cannot afford.
A surety bond requires a third-party bail bond company to post the full bail amount on behalf of the defendant. The defendant or their family must pay the bond company a nonrefundable fee, typically 10 percent of the total bail. This fee, known as the premium, is the bail bondsman’s compensation. A surety bond allows a defendant to be released without paying the full bail upfront. The premium, however, is non-refundable, regardless of the case’s outcome. The bail bondsman assumes the risk. If the defendant misses court, the bondsman is liable for the full bail amount and may hire a bounty hunter to locate the defendant.
Property Bonds
A property bond uses real estate equity as collateral to secure a defendant’s release. The court does not take cash but instead places a lien on property, like a house or land, for the full bail amount. The property's equity should be at least as much as the bail.
A property bond is an alternative for very high bail amounts in which a cash or surety bond is impractical. It is often slow and complex, involving property appraisals, title searches, and extensive paperwork to verify ownership and value. If the defendant fails to appear in court, the court may foreclose on the property to recover the bail amount. This issue makes it a risky alternative because it jeopardizes a valuable asset.
Own Recognizance Release (OR)
Release on own recognizance (OR) is a non-financial alternative in which a judge allows a defendant to be released without requiring payment or collateral. This is usually given if the judge believes that the defendant is not a flight risk and will appear for all future court dates based on their:
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Character
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Community ties
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Criminal record
The accused only signs a written undertaking to be present in court. This is usually applied in less serious crimes, non-violent crimes, and those defendants whose background is stable and unlikely to flee. This is the most favorable release option, as it involves no financial cost.
Can a Judge Deny Bail?
The right to reasonable bail is fundamental but not absolute. A judge has the prerogative of refusing bail in certain conditions, meaning the defendant remains in pretrial custody. A judge does not refuse bail without carefully considering the law and the potential dangers the defendant may pose if released. A judge's discretion is guided by established legal principles, whether in a large city or a smaller community like Grand Terrace.
These are the principal legal grounds on which a judge may refuse to grant bail:
The Defendant is a Flight Risk
One of the most common grounds for bail refusal is when the judge considers the accused a flight risk, meaning they may leave the jurisdiction to avoid prosecution. When determining this risk, a judge takes into account several factors:
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Ties to the community—A defendant with strong community ties, like family, steady employment, or long-term residence, is generally considered less likely to flee. On the other hand, a defendant who does not have local connections can be viewed as more prone to fleeing.
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Criminal history—A history of missed court dates or prior encounters with law enforcement may indicate a higher flight risk.
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Financial resources—A defendant’s financial situation may also be considered. A judge may be more likely to refuse bail if the defendant has substantial resources that could enable them to leave the country.
The Defendant Poses a Threat to the Community
A judge may also refuse to grant bail if releasing the accused poses a significant threat to society. This is commonly known as the public safety exception. One of the key factors in this determination is the nature of the alleged crime. For example, when the defendant is accused of a violent felony like murder, sexual assault, or armed robbery, the judge may determine that their release would endanger the community. This exception also applies if there is evidence that the defendant has threatened victims or witnesses or has a history of violating protective orders.
Specific Offenses and No Bail Holds
Some jurisdictions have certain serious crimes that are defined as non-bailable offenses. They usually encompass capital offenses (where the death penalty is possible) and other grave felonies. The law may prohibit bail in these cases, requiring the accused to remain in jail until trial.
A judge may also impose a no-bail hold if an individual on probation or parole commits a new offense, which indicates noncompliance with legal conditions. Even an experienced Grand Terrace bail bonds company cannot assist if bail is denied on these grounds.
What To Do To Reduce Bail
It can be a crushing blow when a judge establishes a bail amount that the person cannot afford. Nevertheless, a defendant does not have any choices. The request for a bail reduction has a formal legal process and can be a decisive step in gaining freedom pending trial. This happens regardless of whether the accused is in a large urban center or a town where a Grand Terrace bail bonds service operates.
A defense attorney may present arguments for a reasonable bail amount at the initial bail hearing. This hearing is usually held soon after the arrest. During this time, the judge will study the facts of the case, the criminal record of the accused, and the local bail schedules to set a reasonable bail amount. The role of the defense attorney is to present factors that could reduce the defendant's flight risk, for example, family connections to the community or a steady job.
If the judge sets a sum beyond the defendant's means, the defendant’s lawyer can file a formal motion to lower bail. This written application requests a second hearing, commonly known as a bail review hearing. The motion should be supported with arguments and, whenever possible, new facts that were not fully considered at the first hearing. This legal approach is critical in presenting a stronger case for reducing bail.
In a bail review hearing, the attorney will state several reasons the judge should reduce the amount. These arguments will demonstrate that the defendant is a trustworthy community member and will not run away. Among the most important points that a lawyer would make are:
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Good community connections—Providing evidence that the defendant is well established in the community, like family, long-standing residency, and an extensive support structure, can be a strong argument against the defendant being a flight risk.
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Employment and financial hardship — Showing that the defendant is employed and that the bail amount would cause significant financial strain can be persuasive. The court must consider a defendant’s financial capacity. Demonstrating that bail is set excessively high can show that it is punitive rather than a fair means of ensuring court attendance.
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Family responsibilities—A primary caregiver with children or elderly dependents is generally viewed as less likely to flee due to these responsibilities.
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Absence of a serious criminal history—A minimal or clean criminal record, particularly with no history of missed court appearances, indicates that a defendant is likely to comply with release terms.
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Nature of the crime—The attorney can also submit that the nature of the alleged crime does not justify a high bail, particularly when the bail was fixed using a general bail schedule.
If the motion is granted and the bail is lowered, the defendant can work with a Grand Terrace bail bondsman to post the new, lower, affordable bail.
Understanding the Conditions of Release
Getting out of jail on bail is not a get-out-of-jail-free card. It is accompanied by a set of rules and requirements, better known as conditions of release, that a defendant must adhere to as he/she awaits trial.
The court establishes these conditions to guarantee the defendant's appearance and safeguard society. Failure to comply with these terms may be disastrous. The same rules apply to the defendant regardless of the release method, which can be cash bail, release on own recognizance (OR), or Grand Terrace bail bonds.
Standard Conditions
All defendants who are granted bail are subject to standard conditions. These are the general regulations that the court sets for every release. Standard conditions are most often:
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Honor all court dates — This is the most critical condition. The whole idea behind bail is to ensure that the defendant attends all the court sessions.
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Observing all laws—The defendant cannot commit any new crime during the bail. A blatant violation of this condition is being arrested for a new offense.
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Not leaving the state or jurisdiction—The defendant must usually remain within the state or county unless the court has given him/her express authority to leave.
Specific Conditions
Oftentimes, a judge will require certain conditions depending upon the type of the alleged crime or the defendant's personal history. These are typically more limiting and are intended to respond to specific risks. Specific conditions include:
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No-contact orders—This can be applied in a situation where there is domestic violence or an assault, and the defendant is prohibited from contacting the victim or any witnesses. It is a widespread and severe disorder.
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Substance abuse testing—If the crime involved is drug and alcohol related, the defendant may be subjected to regular drug and alcohol tests.
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Weapon restrictions—A judge might restrict the defendant from possessing firearms or other weapons.
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Electronic monitoring—In serious cases or where the defendant can be regarded as a higher risk, the court can order electronic monitoring, typically in the form of an ankle bracelet, to monitor the defendant’s movement and ensure that the defendant sticks to curfew or location restrictions.
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Mandatory counseling or classes—A defendant can be mandated to take anger management courses, drug counseling, or other rehabilitative courses.
Penalties For Violating Bail Release Terms
Failure to abide by any of the conditions of release, be they standard or specific, is a serious offense. Failure to honor the orders of the court will not be condoned. The effects of violating bail are harsh, and they may include:
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Bail revocation—The judge can revoke the defendant's bail on the spot, meaning that the defendant is detained and will be in jail until the trial period ends.
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Arrest warrant—A warrant will be issued to have the defendant arrested.
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Forfeiture of bail—Money or other property posted as cash bail will be forfeited to the court. If a surety bond was used, the Grand Terrace bail bonds company would be liable for the entire bail amount and would probably demand compensation from the defendant.
To prevent these harsh outcomes, it is essential that a defendant learns and carefully adheres to all requirements of his/her release.
Selecting an Ethical Grand Terrace Bail Bondsman
Identifying a reputable bail bondsman is critical to anyone required to post a surety bond. It can be a stressful and complicated process, and you want to know you are dealing with an honest person. So, whether you are looking to find a Grand Terrace bail bondsman, the following are some actionable tips that will assist you in making a better decision.
Important considerations
One should always check the bondsman's license. You may do it in Grand Terrace on the California Department of Insurance site. A legitimate bail bondsman will be licensed and gladly give their license number. It is also a good indicator of a professional operation to have a physical office location and be willing to be patient with your questions.
When you call a prospective bondsman, request an easy and transparent explanation of all charges. The premium is 10 percent of the total bail amount, which is non-refundable. Avoid any firm that charges extremely high or low or is ambiguous regarding hidden prices.
Research and Disclosure
Check out customer reviews and testimonials. You can find a good idea about a Grand Terrace bail bonds company's professionalism, reliability, and customer service by doing a brief search on the Internet with the key phrase "Grand Terrace bail bonds reviews." A good company will have good reviews, which means they are reliable and transparent.
Although reviews can be helpful, you should watch out for generic reviews. Watch out for reviews that are too general or appear to be duplicated and pasted on various websites. Pay attention to particular information in the reviews that discuss the company's customer service, the scheduling, and the transparency of their fee structure. The reviews will show the diversity of customer experiences and indicate authenticity and a track record of dependable service in a trustworthy company.
Never sign a contract with a prospective Grand Terrace bail bonds company without an explicit agreement, and ensure you know what you should do as a co-signer.
Jail and Courthouse Information
Jail Information
West Valley Detention Center (WVDC)
9500 Etiwanda Ave
Rancho Cucamonga, CA 91739
Courthouse Information
St., San Bernardino District Courthouse
247 W 3rd St., San Bernardino, CA 92415
Find a Grand Terrace Bail Bondsman Near Me
Life is unpredictable, and an encounter with a legal situation can seem like the end of the road. But at Riverside Bail Bonds, it is an overpass, not a barrier. We are sure that every person should have a chance, and we want to make the bail process as easy and smooth as possible. We are the trusted hand that will take you through the darkness and reunite your loved one with the home where they belong. Call us today at 951-788-2663 for a free consultation and start restoring your peace of mind.
