Domestic violence is one of the most common offenses in Riverside, CA. In most instances, when an officer is summoned to investigate at a home that has been previously flagged for domestic violence, someone is going to jail. And, although many surveys in California suggest the victims of domestic violence are almost 80 percent women, anybody has the potential of becoming a victim of abuse. Violence in the home does not discriminate and is not dependent upon profession, socioeconomic status, race, religion or gender. In turn, the person arrested can be anyone; a husband, wife, parent, child, partner or significant other. It is also important to understand that domestic violence is not limited to physical abuse. Being charged with domestic violence is serious and unfortunately can affect many aspects of life even if the arrest does not lead to a conviction. Actual physical contact with another person is not the only way to be arrested in cases of domestic violence. An officer is only required to have what is referred to as probable cause in order to make an arrest. The obvious charge of assault or battery is mostly linked with domestic violence, but the crime is loosely defined as any behavior that is used to exert authority or gain control. If an officer is summoned to a flagged home, even a loud argument can send someone to jail. This practice became normal after O.J. Simpson case in 1995. The reasoning behind this is simple; if someone is not taken to jail the possibility for a lawsuit against the city or county increases. People want to feel protected, and officers taking immediate action contributes to the overall safety of everyone in the home. In domestic violence cases it is more likely for an arrest to be made because law enforcement has the potential of being charged with a misdemeanor for inaction even when there is very little evidence. In California, domestic violence may lead to a felony or misdemeanor. These charges cannot be dropped even if the accuser changes their mind once the charge has been filed. Conviction of domestic violence can directly affect important aspects of life. It is not limited to visitation and custody as some assume. A conviction of domestic violence may influence a future employment opportunity, your right to bear arms or even renting an apartment. For those who are not United States citizens it may even lead to deportation.
Domestic Violence Arrest – Now What?
Rocco Edivan Bail Bonds understands when you or a loved one is arrested it can be daunting and confusing. Understanding each situation is unique, we will clearly explain each step of the process and ensure you are comfortable with the next steps. We bring our experience and expertise to ensure you come back home as smoothly as possible.
Domestic Violence Bail Schedule
A bail bond is a financial guarantee to the court making sure that the defendant will appear in court at all required dates until the case is over. More specifically, it is the amount of cash money, or a surety bond, posted to provide a guarantee the man or woman who was arrested with appear in future court dates and hearings. By posting bail the arrestee may go home and fulfill their professional or other responsibilities. And, at Rocco Edivan Bail Bonds we understand that getting out of jail and coming home to your family is your greatest priority. In turn, we strive to make your process in such a difficult time as seamless as possible.
In California the Department of Insurance regulates the rates of such bonds. The premium is 10% of the bail amount and is not refundable. In Riverside County specifically there is a bail schedule. It is the responsibility of the judges in each county to decide particular bail amounts. They do this by using specifically assigned codes for each crime. Deciding the bail amount involves different factors and usually includes crime rates in specific areas. Los Angeles and Orange County in California carry the highest bail, but California in general tops the list. It is important to remember that listed bail amounts may be changed or increased at times. The judge imposing the bail will most likely use the specific schedule as a starting point and assign a specific amount accordingly. Judges consider many factors when setting bail, but the most commonly used are as follows:
- Public safety, first and foremost
- The defendant's likelihood of returning to court
- The severity of the crime
- The criminal history of the defendant
Please note the above factors are simply a guideline and not a guarantee. In some cases, the judge may decide to disallow the bail, in which case the defendant must stay in jail until his or her trial. If the judge decides to disallow bail, we will be unable to offer our bail bond services to get your loved one out of jail. The judge may also decide to release the defendant on his or her "own recognizance." Own recognizance, or O.R. for short, refers to the practice which allows a detainee to be released on the condition that he or she appear in court on a given date. A bail bond is not required for the detainee's release. The possibility of a judge releasing a defendant on his/her O.R. is more common for those arrested on suspicion of less serious crimes.
Domestic Violence Common Charges
For domestic cases in Riverside County there are different charges that help determine the severity of domestic violence. They are as follows:
(Penal Code 243 (e) (1) – This is a misdemeanor charge of domestic dispute and carries a bail amount of $5000. The commonly used domestic charge of battery is classified under this code. California law dictates that when someone intentionally touches another person in a manner that is harmful. Domestic battery occurs when it is against the following person or persons:
- A current or ex husband or wife
- Somebody you live with or have lived with previously
- A fiancé or ex-fiancé
- The other parent of your child
- Anyone who you have engaged in a dating relationship
Primarily because of the relationship, spousal battery is often charged. It is important to remember that this is a potential charge even if physical injury is not obvious. The law states only use of force is required to be charged. The following are examples of what may result in a charge of domestic battery:
- Pushing or shoving your partner during an argument
- Pulling at clothing or hair
(Penal Code 273.5) – This is a felony charge for domestic violence and carries a bail of $50,000. This charge is also referred to as “Corporal Injury on Spouse or Cohabitant.” If the abuse causes visible marks or bruising it can result in a felony conviction. Examples of corporal injury in a spouse or cohabitant include:
- Putting hands on someone forcefully that results in bruising
- Punching, Slapping, Biting, etc.
This is often referred to as domestic or spousal abuse. It is important to note that if an individual is currently on probation or has prior offenses for any of these charges, it is the discretion of the court to increase the bail amount to match the county’s current bail schedule. Understanding how a bail bond works can be confusing if you have not had to previously use them. Domestic violence bail bonds are slightly different than an average bond because a restraining order may be included also. Restraining orders are something that can potentially affect all aspects of daily life and can add even more stress to an already stressful situation.
Domestic Violence Bail Bond Process
If you or a loved one finds yourself in a position of arrest, the entire process of getting home can be overwhelming. Rocco Edivan Bail Bonds understands this and is here to help. Sometimes, it helps just to know what to expect. Although each situation is different, there are common guidelines for the entire process. After contacting Rocco Edivan Bail Bonds, we will try to gather as much information about the defendant and the situation as possible. After our initial conversation, the person interested in bailing out the defendant (known as the co-signer or indemnitor) must decide to take responsibility for the bail bond. It is important to remember this is also accepting responsibility for the defendant. This means he or she is held responsible for the defendant's appearance in court on their specified date and time. We will fill out the bail bond application and indemnity agreement and handle the remaining paperwork. When the bail bond paperwork is filled out completely, we'll take care of the rest. One of our licensed bail bondsmen will post the bail bond at the jail, which will allow the defendant to be released. The entire process can be completed in an hour. It is that simple. However, keep in mind that no bail bonds company can begin the bail bonds process until after the defendant has gone through the process of arrest and booking, which can take anywhere from an hour to half a day depending on the size of the jail.
Before the defendant is freed, he or she is given a date and time at which the defendant is expected to appear in court. The co-signer/indemnitor is responsible for the defendant's appearance in court. If the defendant fails to arrive at the given time, the full cost of the bail, or at the very least the costs incurred in to recover and arrest the defendant again will fall on the co-signer. As the co-signer, it is important to be able to trust the defendant and know where he or she is during the designated court date.
Why Choose Rocco Edivan Bail Bonds?
Rocco Edivan Bail Bonds understands how stressful being arrested can be, so we strive to make the entire process as easy as we can. If you have not been previously arrested or have any prior experience with the court system, it can feel extremely overwhelming. Rocco Edivan Bail Bonds takes pride in helping our clients step by step throughout the entire process. Experience is the key when it comes to a quality bail bonds company, and we pride ourselves on our 20+ years of experience at Rocco Edivan Bail Bonds. Because we are a client focused business, we are able to give our full focus to each and every one of our customers throughout the whole process. While we are based in Riverside, California, we are happy to be utilized as a nationwide support system to help anyone get through any situation that may benefit from our services and expertise. With our experience comes knowledge and the opportunity to hone our skills in order to serve you better.
In the last 20 years Riverside County residents have relied on bail agents to guide them through this process as it can be very difficult and at times, confusing. Our agents at Rocco Edivan Bail Bonds understands this and we are committed to providing quality service with the utmost respect. Being arrested or having a loved one arrested is a delicate situation and we strive to provide you with the service and knowledge to getting back to your family. Because of our long standing experience in the industry, we have the knowledge and expertise to find any and all options for you and your loved one. And, we also understand that posting a bond is not always all that is needed. Rocco Edivan Bail Bonds wants to help our clients through all aspects of the process. This may include offering a ride home, a listening ear, or simply just a person who understands and know exactly what you are going through. We are quite simply committed to our work and are willing to help you in any way we can.
Our services are available 24 hours and we can help you navigate the court system, so you can concentrate on being with your loved ones. Understanding being arrested is stressful enough, the court process afterword does not have to be if you choose Rocco Edivan Bail Bonds. We are confident that our services are your best resource in Riverside County and all of California. Being arrested and subsequently going to jail is never planned, but if it does happen you are going to need an agency that can bring you home as quickly as possible.
It is a highly rewarding feeling as a bail agent to be able to help and understand what a person is going through. We at Rocco Edivan Bail Bonds understand the process is confusing and emotional and take pride in getting you home quickly. Posting bail for a friend or family member can be a complex and complicated process, but it doesn’t need to be. Call Rocco Edivan Bail Bonds, anytime, and from anywhere, and let us make the process as fast and efficient as possible.
If you have any questions about the bail bonds process, or any of our services, please don’t hesitate to contact us, and feel free to take a look around our website. We look forward to serving you!