When your loved one faces arrest in Newport Beach, Orange County, CA, the question of whether or not you can secure bail becomes paramount. California has a bail system that enables arrestees and defendants to be released from jail before their cases are resolved. Almost all arrested persons are eligible for bail based on the facts of the case. Unfortunately, bail amounts are often so high that most families cannot afford to bail their loved ones out on time. However, you should not panic if you are in this situation. You can seek help from a reputable Newport Beach bail bonds company.
At Orange County Bail Bonds, we are committed to helping families secure their loved ones’ release promptly. We make the bail and bail bond process as straightforward and stress-free as possible. Every call we receive is unique; thus, we customize our bond services to satisfy the needs of every client. Do not miss the opportunity to have the best bail bond experience while bailing out your loved one within the shortest time possible. Call us at any time.
Defining Bail and Bail Bonds
"Bail" refers to the sum of money an accused person (or their loved one) pays to a court to secure their release from jail, with the promise to return for all subsequent court proceedings in their case. It serves as a monetary guarantee to the court. If the defendant appears at all court hearings, the bail money will be refunded. But if the defendant misses even a single court appearance, the bail amount will be forfeited.
On the other hand, a bail bond, also called a surety bond, is a monetary guarantee that a licensed bond company provides to a court on the defendant's behalf. Essentially, the bond agency guarantees the court that the accused will appear for all necessary hearings. If the defendant does not attend court, the full bond amount will be forfeited to the court.
The Newport Beach Bail Process
The bail process generally starts when the police arrest a suspect. When a police officer arrests your loved one in Newport Beach, they will likely transfer them to the Newport Beach Police Department jail for booking and processing. Booking includes recording the suspect's personal information, checking for outstanding warrants, taking fingerprints, and taking mugshots.
Once the booking process is over, the arresting officer will place you in a holding cell as they take the police report to the prosecution. The prosecution will review the report and determine whether or not to file charges. If the D.A. files charges, you will be set for arraignment, where bail determination will take place.
Determination of Bail In Newport Beach
In Newport, bail is determined per the Orange County bail schedule. A bail schedule is a standardized list that assigns bail amounts contingent on the nature and severity of the crime. However, judges can adjust these values depending on several factors, including:
- The defendant’s criminal history. The defendant’s criminal past can significantly impact bail decisions. For example, if they have previous convictions, a record of failing to appear in court, other pending charges, or are currently on parole or probation, the judge can set a higher bail amount.
- Risk of flight. The judge considers the likelihood that the accused will flee upon release. If the risk is high, the judge may set a higher bail amount or even deny bail.
- Community ties. The judge will consider how connected the accused is to the community. For example, do they have a stable home and family ties? Are they employed? How long have they resided in the community? Are they actively involved in community activities? Strong community ties trigger lower bail amounts.
- Public safety. If the defendant will be a danger to the community if they are released, the judge will likely set a higher bail amount or deny bail altogether.
- Severity and nature of the offense. The defendant is likely to pay a higher bail amount if they are charged with violent or serious crimes.
If the defendant’s crime is minor, law enforcement can set bail using the bail schedule before the arraignment. The defendant will then be required to show up at their arraignment, during which the judge will read them their charges and require them to enter a plea.
Alternatively, the judge or law enforcement can release your loved one on their own recognizance if they are facing non-violent charges. An Own recognizance release does not entail posting bail. Instead, the judge or law enforcement will release the defendant after the defendant has signed a written promise to appear in court.
Bail Payment
Once bail is set, you have various options through which you can pay to secure your loved one's release. These are cash bail, a property bond, and Newport Beach bail bonds. Cash bail is when you pay the full bail amount in cash. When the case ends, and the defendant has made all court appearances, the cash bail money will be returned to you. If the defendant fails to attend court, you will lose the cash bail to the court.
For a property bond, you provide a valuable property to the court as collateral. The court will retain the collateral until the case is over. If the defendant has made all court appearances, the court will return your property. But if the defendant does not appear in court, the court can foreclose on your property and sell it to recover the bail amount. Usually, most courts require that collateral be twice the bail amount to post a property bond.
Hiring a local bondsman is another way of posting bail. This is the most common way of posting bail in Newport Beach because it is more convenient and affordable. Bail amounts are usually so high that most families do not have the money readily available to pay. Some families do not want to risk their property to post a property bond. For bail bonds, a bondsman posts bail for you at a nonrefundable fee, usually 10% of the total bail amount. The California Department of Insurance regulates this fee, and it is non-refundable whether or not the defendant attends all court hearings.
How Newport Beach Bail Bonds Work
Knowing how surety bonds work is essential, since if the judge sets bail at a value you cannot afford, the sole practical way to secure your loved one’s release before a court trial is via a surety bond. Here is how Newport Beach bail bonds work:
- The court sets bail, for example, at $100,000
- Rather than paying cash of $100,000, you pay the nonrefundable 10% premium ($10,000) to a bondsman. Some bond companies offer discounts of up to 7% on premiums to qualifying clients.
- The bondsman then posts the total $100,000 bail to the court, enabling your loved one's immediate release.
- If your loved one attends all court hearings for their case, the court will exonerate the bond once the case is resolved.
- If your loved one fails to attend court, the bondsman will forfeit the total $100,000
Essentially, a bail bond is a loan of liberty. The premium you provide to secure the loan is the price for your loved one's temporary freedom. Knowing this distinction is core to understanding how surety bonds work.
The Newport Beach Bail Bonds Process
Once the court sets bail, you can then contact a local Newport Beach bail bonds company and seek their services. A bondsman will attend to you. They will ask you some information regarding the defendant, including:
- The defendant's full name, birth date, and address
- Their alleged offense
- Their booking number
- The jail holding them
- The set bail amount
After you provide this information, the bondsman will use it to draft a bond application and contract. After which, they will require you to sign these documents and any other relevant documentation. After you sign, the bondsman will require you to pay the nonrefundable bond premium and other necessary payments.
Based on the Newport Beach bail bonds company, you may also be required to provide collateral apart from the premium. Collateral secures the bond in case the defendant fails to appear in court. It can be anything of value, including jewelry, real estate, a car, and collectibles. Most bond companies require that collateral be at least as valuable as the bond amount, or twice that amount.
Once you have made your payment and the paperwork is in order, the bondsman will travel to where your loved one is to post the bond amount. The release process for your loved one will then begin. The process takes about 2-12 hours, depending on how busy the jail facility is.
Note that you do not have to travel to the bondsman’s office to process your loved one's bail bond. You can complete the process via the phone or online. Bail bond payment premiums can also be made online, making the process much simpler and quicker.
Once the defendant is released, they are required to attend all the court hearings regarding their case. If they attend all the hearings, the court will refund the bond money to the bondsman (not you) at the end of the case. But if the defendant misses even one hearing, the bondsman may forfeit the bond money to the court. To recover this money, the bondsman may sell the collateral you provided. If you had not provided collateral, the bondsman may pursue you to pay the money.
What Happens If a Defendant Jumps Bail
Generally, the court grants the bondsman a 180-day grace period to locate a defendant who has jumped bail before the bond is forfeited. The bondsman may hire a bounty hunter to track down the defendant and return them to the authorities. If the defendant is not found, the court may proceed with bond forfeiture and issue a bench warrant for the defendant’s arrest. If the defendant reappears and has a valid reason for missing court, the judge may reinstate bail and reschedule the missed appearance.
Some of the valid excuses for jumping bail include the following:
- Lack of proper notice. The clerk or court failing to appropriately notify the accused of a scheduled or changed court date can be a valid reason for skipping bail. That would mean the court or clerk never mailed the notice, or the notice was omitted from the initial bond agreement.
- Medical emergency. If the defendant suddenly fell and the illness was severe enough to require hospitalization, preventing court attendance, they can be excused. However, the court will require verifiable medical records and physician testimony.
- Incarceration in a different jurisdiction. You may fail to appear in court due to being arrested and detained in another state, county, or federal facility on the date of the hearing.
- Deportation. Being deported from the U.S. or detained by ICE (Immigration and Customs Enforcement) is also a valid reason for failing to appear
- Natural disasters. Extreme, enforceable events like earthquakes, floods, or state-declared emergencies can make traveling to court impossible
The following are not valid reasons for jumping bail:
- Claiming innocence. The accused’s belief that they are innocent of the charges against them does not excuse them from the legal duty to attend court
- Intoxication. The defendant being under the influence of alcohol or drugs is a voluntary action within their control.
- Forgetting the court date. Losing or forgetting a court slip is considered negligence instead of an uncontrollable circumstance.
Should an emergency arise, the accused person or their lawyer must inform the court promptly to seek a continuance and prevent the court from issuing a bench warrant.
Jail Information
Newport Beach Police Department Jail,
Phone No.: 949-644-3681 or 949-644-3672
Court Information
Harbor Justice Center,
Phone No.: 657-622-5400
Find an Experienced Newport Beach Bail Bonds Service Near Me
Being charged with a crime can be an overwhelming and stressful experience for your loved one. However, being able to post bail for them can ensure they have the chance to address their legal issue while maintaining the presumption of innocence until proven guilty. If your loved one is arrested in Newport Beach, hiring a local Newport Beach bail bonds company is the fastest way to bail them out.
At Orange County Bail Bonds, we understand that you may be frustrated while navigating the bail process for your loved one. That is why we are ready to be your reliable partner on this journey. Our skilled bondsmen have an in-depth understanding of the intricacies of the criminal justice system and are committed to swiftly delivering the help you require. Call us at 714-568-7686 to commence the process.
