Facing an arrest in California is a stressful experience. After booking, you may remain in custody until a judge sets release terms, such as bail or release on recognizance. Bail often starts with a county schedule. A judge then reviews it and considers the case facts and the ability to pay.
If you cannot afford a cash bail, you could seek a surety bond from a Carmel-by-the-Sea bail bonds service. The surety posts a bond that guarantees payment if bail is forfeited. At 24 Hour Online Bail Bonds, we offer reliable bail bond services.
Bail Bonds in California
A surety bond is the agreement you make with a surety bond company that helps you secure a release from jail. The Carmel-by-the-Sea bail bonds company guarantees payment to the court if you do not appear. You pay a non-refundable premium, often around 10% of the bail amount. Once bail is set and you have the case details, you can start the bond process.
After learning the bail amount needed and determining that you cannot pay it in cash, you could contact a surety bonds company for assistance. When contacting the agency, you should have the defendant’s:
- Full name
- Date of birth
- Booking number
- Jail location
- Charges filed
- Bail amount set
- Arrest date and time
- Court date and location
- Any prior arrests or bond history
After receiving a request, the Carmel-by-the-Sea Bail Bonds agency will appoint a bondsman to assist with your case. Before offering their services, the bondsman will assess the risk of flight. Additionally, they will check if you can afford the bail bond cost. If you qualify for the surety bond, you can sign an agreement.
If you seek a bail bond for someone else, you will act as their co-signer. A bail bond co-signer has the following responsibilities towards the release:
- Paying the 10% fee for the service
- Providing collateral if necessary
- Covering recovery costs if the defendant flees and a recovery agent is used.
However, you can ask the bail agent to surrender the bond so the court can take the person back into custody
What is the Fate of Bail Money
Bail is not a penalty. It is separate from any sentence. Whether you can recover the money will depend on how well you follow the conditions that the judge sets, which include appearing for trial.
Bail Exoneration
Bail exoneration means the court has released the bail and closed the bond. This happens when the case ends, whether by dismissal, a plea, or a verdict. Once the case is resolved, the bail is no longer needed to ensure your appearance in court. If you used a surety bond, the court notifies the Carmel-by-the-Sea bail service company of the exoneration.
This ends the surety’s obligation on your case. However, you will not be able to recover the premium. If you posted cash bail, the court will return the money after exoneration. Depending on the court, refunding a cash bail may take a few weeks. You should give the court your correct mailing address when presenting the bail.
Property bonds are also released once bail is exonerated. In this case, the court will remove the lien placed on your property. Bail exoneration does not mean you are innocent or guilty. It only means the court no longer needs to hold your bail. You could be in jail when the bail is revoked, as long as you have attended all court proceedings. You should always follow up with the court or bail bond agent to confirm the exoneration.
Bail Forfeiture
Bail forfeiture happens when a defendant fails to appear in court after being released on bail. A forfeiture means the court keeps the bail money, or the bail bond becomes payable. The purpose of bail is to ensure the defendant returns to court. If they fail to honor this requirement, the court forfeits the bail. There are several reasons a court may order bail forfeiture. They include:
- Failure to appear. The most common reason for bail forfeiture is not showing up for a scheduled court date. If the defendant skips court without a valid excuse, the court will forfeit the bail.
- Violation of bail conditions. Sometimes, courts set extra conditions when granting bail. These can include staying away from specific places or people. Condition violations can lead to revocation; forfeiture usually follows a missed appearance.
- Committing a new crime. A new arrest can lead to increased bail or revocation.
When a defendant misses court, the judge schedules a forfeiture hearing. This is a chance for the court to review what happened and decide whether the bail should be forfeited. The law allows a set ‘appearance period’, often 180 days, with possible extensions. If they do, the court may cancel the forfeiture. If not, they must pay the full amount.
At the forfeiture hearing, you or your attorney can explain the reason for your missed court date. Valid reasons may help stop the bail forfeiture. Some acceptable reasons include:
- Medical emergency. A sudden illness or hospitalization can be a valid excuse, especially with the proper evidence.
- Car accident or unexpected travel delay. If you were in an accident or delayed due to travel issues, you must provide documents like a police report or flight delay notice.
- Lack of notice. Sometimes defendants fail to appear because they never received notice of their court date. Proof of such negligence may help reverse forfeiture.
Courts will only accept these reasons if they are genuine and supported by evidence. The judge may cancel or set aside the forfeiture if the excuse is valid.
Jail serving Carmel-by-the-Sea, includes:
Carmel Police Department
Junipero Ave & 4th Ave
Carmel, CA, 93923
Courts serving Carmel-by-the-Sea, include:
Salinas Courthouse
240 Church Street,
Salinas, CA 93901
Find a Reliable Carmel-by-the-Sea Bail Bondsman Near Me
One of the first concerns is securing a release when someone is arrested. In many cases, you can do this through bail. Bail is a financial guarantee to ensure the defendant’s return to court.
Bail bonds are a common way to post bail. They allow release without paying the full amount. It will enable individuals to be released without paying the full bail amount set by the court. Instead, a bail bonds company posts the bond for a non-refundable premium, often about 10%.
Understanding how bail bonds work can help ease stress during a difficult time. At 24 Hour Online Bail Bonds, we offer our clients fast and reliable bail services. Call our Carmel-by-the-Sea bail bondsmen at 800-930-8999 for assistance.