If you or a loved one is arrested, it can be a stressful and daunting experience. However, if it happens, you might need to post bail to secure your release from police custody. In Moreno Valley, bail bonds are a common way to help people secure their release from jail. If you are curious about how much bail bonds cost in California and what fees you need to know about, here is a simple guide to help you understand.
California Bail Bond Premium
In California, bail bond companies are regulated by the Department of Insurance. The body has set the standard fee, or “premium,” for bail bonds at 10%. So, if a person’s bail is $10,000, the bond will cost $1,000.
However, there are a few exceptions. The fee can be reduced to 8% of the bail amount for seniors, active military members, union members, and those with a lawyer. Bail bond premiums are not refundable. If the person out on bail does not show up in court, the person who paid for the bail bond must cover the full bail amount.
How Bail is Set
Bail amounts are mostly decided based on the severity of the crime. Misdemeanors have lower bail amounts than felonies. The judge sets bail high enough to ensure you appear in court but not so high that it keeps you in jail before trial. Setting bail too high would go against the 8th Amendment’s rule against “excessive bail.”
Judges have a lot of leeway when deciding bail on a case-by-case basis. According to California Penal Code (PC) 1275, they consider several factors:
Your Criminal Background
Judges take your criminal background into account when deciding bail sum. This will include past and current charges, and past attempts to avoid the court’s jurisdiction. The judge will review your criminal records to assess how likely you are to appear before the judge and how much risk you might present to the general community.
If your history shows patterns of violent actions or repeated crimes, your bail is likely to be higher. On the other hand, if you do not have prior criminal records or only minor offenses, the court could set a lower bail.
Community Ties
The court also looks at how connected you are to the general public when deciding bail sums. This involves elements such as whether you have a job, family in the neighborhood, and how long you have lived there. Strong relationships in the community indicate that you will likely attend your court hearings, which could lead to lower bail amounts.
The Nature and Severity of the Offense
The nature of the crime you are charged with significantly impacts the bail sum. Generally, more serious crimes result in higher bail amounts. For example, a person charged with a minor traffic offense usually has a much lower bail than someone facing a murder charge.
Threat To The Public
When deciding bail amounts, the judge must consider the possible risk you pose to the general public. The judge must ensure that dangerous individuals are kept from the community while waiting for their trial, which greatly influences the bail amount.
Judges must take this duty seriously and carefully assess the risk to ensure public safety. The aim is to protect the community and the offender while ensuring justice is upheld.
Financial Standing
Your financial situation is also taken into account when deciding bail amounts. The judge will evaluate your financial health and how well you can pay the bail. A person with substantial assets and good financial stability may face a higher bail than someone with financial difficulties.
Past Court Appearances
The main purpose of bail is to make sure you attend your court hearings. If you have a history of missing court dates, you might face a high bail amount or even be denied bail. A judge is less likely to approve bail if you have a pattern of not showing up for court.
Missing court dates can have serious consequences besides affecting your bail amount. You will lose any bail bond you paid, not receive a refund for a cash bond, and forfeit any property used as a bond. The court will also issue a warrant for your arrest to bring you back into custody. They might hire bounty hunters to track you down if you used a bail bond service.
California Bail Schedule
When judges set bail, they usually refer to a document known as the bail schedule. This is issued by the Superior Court in each county. According to California law, The schedule outlines recommended bail amounts for different charges.
- Penal Code
- Health and Safety Code
- Insurance Code
- Business and Professions Code
The bail schedule determines how much bail a defendant needs to be released after an arrest before seeing a judge. It also applies to bail amounts set for arrest warrants approved by a judge. Judges often refer to this schedule to decide bail amounts even after a case goes to court.
The bail schedule usually sets amounts based on the seriousness of the crime. For example, bail for robbery or serious assault is generally higher than for grand theft.
However, there are exceptions based on the specifics of the crime and the defendant’s history. Bail amounts can be increased if additional factors exist, such as if the crime involves violence, if there are pending charges in another court, or if the crime could lead to a life sentence. Bail is also higher if the victim is elderly (over 65) or a young minor (under 15).
Calculation of Bail Using the Schedule
The calculation starts with the figure set for the specific crime to determine the bail amount. For example, if a defendant is arrested for several crimes, their bail amount will usually be higher than if they were arrested for a single crime.
However, there are exceptions. If there are multiple victims, the bail amounts for each crime might be added up rather than just using the highest amount. The bail could also be combined if the offenses happened on different dates.
Next, check if any additional factors could raise the bail amount. There are many reasons bail might be increased. For example, bail can escalate if the crime was committed for the benefit of a criminal gang.
If a weapon was involved, the bail amount can vary based on whether:
- It was a firearm
- It was used or just possessed
- Anyone was injured
Bail increases if the amount of money involved in fraud or embezzlement is high. The same applies if large amounts of drugs are found.
A prior criminal conviction can impact how much bail you need to pay. For example, if you have previous convictions for serious crimes or fall under California’s three strikes law, your bail might be set much higher. Also, the bail amount can be increased if you were convicted of a crime in the last five years.
What Happens If I Cannot Afford to Post Bail?
Sometimes, the court can set the bail amount higher than usual. This usually happens based on:
- How serious the crime is
- If the person is already on probation
If this happens, your lawyer can ask for a bail hearing. This hearing should be scheduled soon after your first court appearance. Once the court sets a date for the bail hearing, your lawyer will submit the necessary paperwork. At the hearing, your lawyer will argue to reduce the bail amount to the amount listed in the bail schedule.
The judge will set bail based on the charges as true, even though you are presumed innocent until proven guilty. This can be challenging because the case is being evaluated based on claims that might not be true before your lawyer can present any defenses.
- If you post bail before your first court appearance, a new court date will be set
- If the judge agrees to reduce the bail to the scheduled amount or if it was already set appropriately, you must decide whether to use a bail bonds company or pay the full bail amount yourself.
- If you post bail after the first court appearance, you will be released with a promise to return for the next court date.
- If you miss the court date, the judge can cancel your bail and return you to custody. If this happens, you must work with the bail bonds company to secure a bail reassumption, which the court may or may not accept to keep you out of jail.
In some cases, if you are arrested but your first court appearance has filed no charges, this is known as a “missing” complaint. Your lawyer should ask the court to release you on your own recognizance, as no charges have been filed.
If the court agrees, you will be released, and the district attorney will send you a letter with a new court date or information stating that the case was dropped. Ensure the court has your correct address to avoid a warrant for missing the court date.
Negotiating a Moreno Valley Bail Bonds Payment
When you apply for a bail bond, you must agree with the company on how to pay the 10% fee. Be honest about your finances; even if you do not have much money, the Moreno Valley bail bonds service will try to work with you. They can set up a payment plan or use your assets (collateral) to help quickly secure your friend’s or family member’s release from jail.
Collateral is a property you can offer to secure the bail bond. If you do not show up in court, the bail company can take this property to cover their loss.
Examples of collateral might include:
- Real estate
- House
- Car
- Jewelry
- Electronics
Why Is Bail So High?
Sometimes, paying bail can be difficult for several reasons:
- Your money could be in the form of assets, so you would spend a long time in jail waiting for funds to become available
- You cannot access your funds because you are in jail and you do not know anyone who can help
- You do not have the cash or lack the patience to wait for the court to return it
Bail amounts are set high to prevent defendants from fleeing. The idea is that nobody wants to lose tens or hundreds of thousands of dollars used for posting bail. You have options if you cannot afford bail or do not want to risk such a large amount. Staying behind bars is one, but engaging a Moreno Valley bail bonds service is usually the best choice.
Even if you use a bail bond service, it does not imply you can skip out on court. Bail bond companies charge a 10% fee because they expect you to attend court hearings. If you try to flee, the bail bonds company can take legal action to return you to court.
The bail bonds service risks losing the bail amount if you do not meet your bail conditions. For the contract to work well, you should treat the posted bail as your own money.
Jails and Courthouse Information in Moreno Valley
If you or a loved one is arrested, you can find them held in the following detention centers and courthouses in Moreno Valley:
County of Santa Clara Main Jail
Phone: 408-299-2306
Superior Court of Riverside, Larson Justice Center
Phone: 760-393-2617
California City Correctional Facility
Phone: 760-246-7600
Robert Presley Detention Center
Find a Moreno Valley Bail Bonds Service Near Me
Understanding how bail bond costs work in California can help you plan your budget. Knowing about the bail schedule, bond fees, and collateral needs allows you to set realistic expectations and make better decisions.
Fausto Bail Bonds can assist you if you need bail bonds to secure your release from detention. Whether your bail is in the thousands or even higher, we can arrange it fast. With our solid connections with judges and courts across California, we often make the process smoother. To learn more and set up your bail bond in California, call us today at 855-328-7867.