A bail bond can help you out of a tough situation. However, there are certain laws and regulations relating to bail and bail bonds in California. Being aware of these laws benefits you if you or a loved one is dealing with the issue of bail. When you know the law, you can make sure you get it right and avoid falling victim to any scams or unscrupulous bail bond agents.
There are several key pieces of law that govern the bail process and how bail bonds must be handled. You don't need to be a legal expert to understand how these regulations may affect you if you or someone you know is arrested and charged.
Bail bonds are an important part of the legal system, helping people to secure bail even when they can't afford to pay it out of pocket. But before you sign for a bail bond, read this guide to get a good idea of how everything works and what the law says about bail and bail bonds in the state of California.
Bail Bond Agents Must Be Licensed
A bail bond agent (or bail bondsman) exists to help you out when you need to secure bail. They play an important role in the bail system and whether a defendant can be released from jail. The first thing for anyone researching bail bonds to know is that bail bond agents need to be licensed. If you can't find evidence of a current license for a potential bail bond agent, they're not the one for you.
Bail bond agents are regulated and licensed by the California Department of Insurance (DOI). They must meet the licensing requirements and renew their license every two years. To be licensed, they must complete the required training and an examination. Individuals must have their own license and each partner or employee of a company needs to have their own license too.
The requirements for individuals who want to be bail bond agents in California include:
- Being at least 18 years old and a resident of California
- Completing pre-licensing classes (at least 20 hours) and an examination
- Paying for a two-year license
- Submitting the required documents and fingerprints
Businesses also need to have a license, and each officer or employee needs to have their own license. Additionally, corporations need to report changes in their stockholders and officers to the DOI.
Being regulated by the California Department of Insurance, bail bond agents need to follow the California Insurance Code. This includes laws relating to advertising as a licensed bail bond agent.
For example, when advertising online, bail bond agents must display certain information. They are required to clearly display their name (as it is on their license), place of business, and license number. Another rule is that agents can't solicit for bail without a license, which includes using any form of advertising.
Check a Bail Bond Agent's License
Bail bond agents must display their license number clearly. This allows you to check their license to ensure it's current. You can visit the California Department of Insurance to check a license number or name. You will be able to see the license status and discipline history, as well as view additional license details.
Laws on Solicitations and Commissions in Title 10, California Code of Regulations
The California Code of Regulations is one of the pieces of legislation that regulates the way that bail bond agents must behave in California. There are several points in these regulations that relate to soliciting business.
The California Code of Regulations says that only licensed bail bond agents can receive a commission on bail. Business owners can't pay unlicensed agents to refer business to them. Bail bond agents are also not allowed to solicit anyone for bail in a jail, prison, or any other place of detention, or in a court or public institution related to the administration of justice. They must not give gifts to public officials or government agency employees who work in the justice system or in places of detention, or to prisoners.
Another rule says that bail bond agents are not allowed to recommend attorneys (directly or indirectly) to people who have been directed or anyone representing them. This means you need to find other resources to help you secure the best attorney for your case.
How the California Penal Code Regulates Bail and Bail Bonds
There are some important parts of the California Penal Code that are also important for anyone dealing with bail or looking for a bail bond agent.
The relevant legislation pertains to a number of ways bail bond agents and companies are expected to conduct themselves. There are also important points to note about the rights of a defendant when it comes to bail, as well as other regulations.
Licensed bail bond agents are not allowed to employ, solicit or pay anyone who is incarcerated to solicit bail on their behalf. They also need to make sure that, if property is being used as collateral for a bail bond, the property owner signs a statement (and is given a copy) confirming their understanding of the lien. Bail bond agents have the right to surrender defendants back to custody if they can show just cause.
The Penal Code has some important parts relating to the rights of defendants too. It says that defendants are entitled to a bail review hearing within 5 days of being detained in custody on a criminal charge before conviction. If the defendant is out on bail and no complaint is filed against them on or before their first court appearance, the bail bond is exonerated after 15 court days from the first appearance.
Judges and magistrates must also follow the California Penal Code and its regulations relating to bail. The Penal Code says that they must take into account several factors when setting bail. These include flight risk, previous criminal record, the seriousness of the offense, and risk to the public. Judges and magistrates must examine bail bond premiums and collateral to ensure they come from legitimate sources.
How Bail Bonds Work in California
Bail bonds allow people arrested in California to be released on bail by paying the bail amount that is set. For many people, paying the whole bail amount on their own wouldn't be possible. However, bail bonds make it possible to cover the bail while only having to pay a maximum of 10% of the total amount.
When someone is arrested, they are first booked and processed to get their details into the jail and court system. A background check is conducted and the jail will take fingerprints and collect other personal information. The next step is a bail hearing, where the judge will decide whether the defendant should be granted bail and how much it should be.
There are generally three ways to pay bail in California. It can be paid in cash if the defendant or their family has the means to do so. A bail bond can be used, which is facilitated through a bail bond agent. Or a property bond can be used, where property is used as collateral to secure the release of the defendant. With a property bond, the property used must be worth two times more than the amount of the bail.
Bail in California is set according to the bail schedule, which judges use as a guideline. However, judges can use their own judgment to decide how much bail should be for any individual. Bail can start at as little as $1,000 for a misdemeanor, but it can reach hundreds of thousands or even millions for some serious felonies. The average amount in California is around $50,000.
The amount set for bail is influenced by a number of different factors. Judges consider things like previous criminal record, flight risk, and the severity of the crime or other charges to determine how much bail should be. Since a 2021 ruling, judges are also supposed to ensure they only set a bail amount that is affordable to the defendant. However, there hasn't been much evidence that bail amounts have been affected by this ruling so far.
When using a bail bond, the bail agent will charge a fee that's typically between around 8% to 10%. Some agents will offer discounts or low rates to make their services more affordable. Bail bond agents take on the responsibility of making sure the defendant will show up to court. Once bail has been posted, the defendant can be processed for release.
Find a Reputable Bail Bond Agent
It's important to find a reputable bail bond agent, who is licensed to practice in California. There are certain scams to watch out for, including things like spoofed websites that might trick you into giving your details. When you're looking for a bail bond agent or agency, be sure to check their license and ensure they provide all necessary information on their website. This will help you to find the right agent for your needs.