Sitting in a cell in a police station or jail can be devastating. You want to regain your freedom quickly after arrest so you can resume work, reunite with your loved ones, and prepare for the trial. However, before exiting detention, you must post bail, a system that assures the court you will return upon release pending trial and that you will obey the release terms. If you lack the resources to deposit bail in full or use a property bond, you can turn to a bail bondsman for financial help and guidance. At Orange County Bail Bonds, we understand that arrests can lead to unexpected expenses, which is why we offer a convenient and affordable way to avoid jail in Fullerton through bail bonds.
Bail Definition
Bail is a system that enables an arrestee to leave pretrial detention while awaiting court hearings and the trial. It is not a fine or punishment for the offense. It acts as insurance, guaranteeing future court attendance. When you post the required sum or its equivalent, the court releases you pending trial and refunds bail if you obey the terms of release and the case ends, regardless of the trial verdict.
Bail benefits the court and you, the defendant. You resume your daily life while you prepare for the trial. Preparing your defense from outside jail is advantageous because you have income you can use to hire a private attorney and ample time to review the evidence and discuss facts with your attorney. Bail enables you to exercise your right to the presumption of innocence until proven otherwise. Pretrial detention is a violation of your rights because you have not yet been proven guilty.
Conversely, the court benefits because bail funds or security act as an incentive that motivates the defendant to return to court. Therefore, instead of holding defendants eligible for bail in pretrial detention, the court releases them on bail, thereby reducing jail congestion and operational costs.
The primary options for posting bail are:
- Cash bail
- Property bonds
- Bail bonds
Cash bail is used by defendants who have access to liquid money and can conveniently raise the money, as it can run into tens or hundreds of thousands. The second option is the property bond, where you use a property deed as security for pretrial release. This option is rarely used because the property's equity must be at least twice the bail amount. Additionally, it takes time to assign the court lien to the property, delaying the release.
Lastly, there is the bail bonds option. Here, you enlist the services of a Fullerton bail bonds firm at a cost of 10% of the total bail. Once you pay the fee, your Fullerton bail bonds company deposits a bond with the court, promising to be responsible for your future court attendance. The bail bondsman promises to pay the court the bail amount in full if you skip court or violate any other bail terms. In addition to facilitating an affordable and fast release, the company offers guidance when you need it to encourage compliance with release terms. The chances of bail violation with a bail bondsman on your side are minimal.
Bail Determination in Orange County
If you are navigating the bail process in the criminal justice system, it is essential to understand how bail is determined. Here are the details to familiarize you with the process.
1 - The Orange County Bail Schedule
The crimes that are brought before judges are repetitive. As a result, each county has a standard bail schedule that contains specific crimes and the predetermined bail amount one must deposit to regain freedom. That way, if you are arrested for a crime listed on the schedule, you do not have to wait for the initial court hearing or arraignment to learn of your bail. The officers can refer to the schedule to determine the amount you should pay for freedom. Once you raise the money, you can exit detention and wait for the arraignment proceeding from the outside.
2 - Felonies and Misdemeanors
Prosecutors file offenses as infractions, misdemeanors, or felonies. Typically, an arrest for an infraction does not result in detention. The officers issue you a citation to appear in court to answer for your charges and then release you. However, when your crime falls under a misdemeanor or felony category, an arrest usually results in detention. If you qualify for bail, you must post it to exit custody.
Compared to felonies, misdemeanor charges are less severe. Typically, severe crimes attract a higher bail than misdemeanors. So, the bail you will pay is also determined by the type of charge.
3- Criminal Record
Furthermore, if you have a criminal record, posting bail from the police station may not be possible. You might be required to appear before a judge who will determine whether to grant or deny bail. Depending on the severity and number of prior convictions, the judge may deny bail. Alternatively, they could allow you to post bail but impose a higher amount than what is provided on the schedule for your current offense because of your criminal history.
4- Additional Case Information
During a bail hearing, the judge has the discretion to revise upwards or downwards the bail figure provided in the schedule, contingent on additional information provided by the prosecutor or your defense team. The police cannot alter the figure provided for your crime in the local schedule. Only the judge has this authority, though they must act within the law when exercising their discretion.
For example, the Orange County bail schedule states bail for a certain misdemeanor offense is $1,000. If you post bail before arraignment, you must post the figure provided. Law enforcement cannot increase the amount even if there are aggravating circumstances in the case, such as the use of a lethal weapon. Nevertheless, the judge can consider additional information in the case to increase the bail amount. So, even when you face the same charge as another defendant, do not be shocked when you learn that bail is not the same. The court sets bail depending on additional information provided in the case.
5- Community Ties
The algorithm that sets bail also considers community ties. The reasoning behind considering this component is that individuals with strong community standing or ties, such as having a family, a stable job, or a business, or having resided in a community for a long time, demonstrate that they are a low flight risk. If you are less likely to flee after release, your bail will be less significant than that of a defendant deemed by the court as a flight risk.
The Procedure For Paying Bail
It is difficult for a defendant to bail themselves out of jail even when they have money. Usually, you must rely on a third party, who can be a close relative, friend, or bail bondsman, if you post bail through bail bonds.
The third party must either deliver the deposit to your detention facility or to the court where your case is being heard. A court’s clerk or cashier receives all payments. When making the payment, the party depositing the money will need your booking number, your official name, and the bail amount set for the crime.
Once the payment is made, the clerk informs the arresting officers or correctional officers in the jail facility where you are held. The clerks are usually in the detention facility, so the release should happen within 30 minutes or a few hours, contingent on staffing and the number of defendants being processed.
When paying cash bail, the acceptable payment options include:
- Traveler’s check
- Banker’s check
- Credit or debit card
- Cashier’s check
- Money order
- Cash
The option you select hinges on the type of charge you face. For violent crimes or embezzlement, partnering with a Fullerton bail bonds company is the most efficient, affordable, and quick way of exiting pretrial detention.
Why you Should Hire a Bail Bonds Service
Whether hiring a Fullerton bail bonds service is beneficial or not hinges on your unique circumstances. If you are charged with a non-violent crime and you have liquid cash to post bail, cash bail will be the preferred option.
Partnering with a bail bondsman will be suitable if you face charges for embezzlement, drug offenses, or violent crimes. If you use your money to pay cash bail under these circumstances, there may be an inquiry into the source of the funds, triggering a PEN 1275 hold, which delays your release. The prosecutor, local law enforcement, or the judge can initiate the hold if they reasonably believe the funds were obtained from unlawful activities.
Additionally, partnering with a Fullerton bail bonds firm is the appropriate option if you lack sufficient funds to post bail. With the right bail bondsman on your side, you only need to raise 10% of the total bail, which the bail bondsman needs as a non-refundable fee for the services. Do not panic if you cannot afford the bail bond premium upfront because reliable experts will be willing to provide you with flexible repayment options. The payment options entail paying a small deposit, sometimes as low as 1% of the premium, and the balance in flexible installments after securing pretrial freedom.
Action to Take if You Do Not Have Funds to Post Bail
Arrests are devastating. A lack of finances to post bail can further worsen your situation. Fortunately, a reliable Fullerton bail bonds firm can come to your rescue, helping you regain freedom. If you are in jail and cannot afford bail money, here are options for you:
Request for Bail Reduction
If you cannot afford the bail set for your crime, you can appeal to a judge to reduce the amount in a bail proceeding. Even though the bail proceeding offers you the chance to request a bail reduction, the judge has the discretion to increase the amount or even release you on your own recognizance, without any financial obligation. You will need a defense attorney to convince the court to grant a reduction. It is not easy to convince a judge to lower bail, but your chances improve with the help of a seasoned attorney. The factors the court considers before granting a reduction are:
- Your capacity to pay
- Your criminal past
- The severity of the crime
- Public safety
- Chance of returning to court after release
When bail is reduced, it becomes easy to qualify for a bail bond, which is an affordable way of regaining freedom pending the trial.
The Humphrey Hearing
The California Supreme Court pronounced in a ruling that any defendant who cannot raise bail should be released without bail unless there is clear and convincing evidence that keeping the defendant in pretrial detention protects the public or the victim. The court schedules a Humphrey proceeding after five days of setting bail to ensure that a lack of financial resources is not the only reason you are behind bars after being granted bail.
In the proceeding, the court will examine your capacity to post bail to ensure financial resources are not the only reason you are in pretrial detention. Even when bail is not excessive or unfair, pretrial detention of a defendant because they cannot afford bail is unlawful.
Hire a Fullerton Bail Bonds Service
Another option for exiting pretrial detention without money is enlisting the services of a bail bondsman. Even though the company will demand a non-refundable premium, you can negotiate a premium repayment plan to make the fee affordable.
Besides, you can turn to a trusted friend or loved one to act as your cosigner. The cosigner or indemnitor pays the bail bond premium on your behalf, deposits the collateral if necessary, and assumes the responsibility of your court appearances.
Jail Information
Fullerton Police Department Front Desk Center
Fullerton City Jail
Court Information
North Justice Center
Find a Seasoned Orange County Bail Bondsman Near Me
Contesting your criminal charges while in pretrial detention is an uphill task. You have little time to prepare for the trial. The lack of income while in jail could also mean you will not be able to afford a private defense attorney, who is crucial in building a solid defense strategy and securing a fair verdict. The best way to prepare adequately for the trial is to secure pretrial release. At Orange County Bail Bonds, we will help you obtain an affordable and quick pretrial release, giving you ample time to prepare for the trial. Call us at 714-568-7686 to discuss your case in Fullerton, CA.
