Included is a list of frequently asked bail bond questions. Keep in mind that these answers apply to the Bay Area and throughout California.
Q: Why do you have to pay or "post bail" to get someone out of jail?
A: Bail is merely an opportunity and not an obligation to have someone released from jail. It gives the defendant time to take care of any personal business while the date for their trial is pending.
Q: When I post bail for someone, will I get that money back?
A: If you use a bail bondsman and pay a premium to have them released from jail, the answer is no. A bail bond premium is a non-refundable fee used to pay for the bail agent's expenses and fees.
Q: How do you go about posting bail for someone in jail?
A: There are a few ways it can be done:
1. You can go directly to the jail and post bail on your own
If you have access to the full amount of the bail, you can post a bail bond on your own. In other words, if the bail amount is $20,000, you could take that full amount directly to the jail and post at the clerk window. Once the defendant's court dates have been satisfied, you would receive that money back. However, most people do not have that much money to post the bond without the assistance of a bail bondsman.
2. You can work with a licensed bail bond agency
In California, bail bond companies charge 10%, which is the mandated law. The company assumes the risk of the total bail amount. The 10% premium is non-refundable. Most people turn to a bondsman because they want to take advantage of "posting bail" so they may return to their families, school or work in a timely manner.
3. You can use real property or collateral for the bond (such as a home)
If you own a home with equity equal to the total bail amount, you may use the value of the equity to bail someone out.
4. The judge can decide to release the defendant upon their own recognizance, (O.R.)
A judge can choose to release an inmate without the need for bail.
Q: Are their different types of bail bonds?
A: Yes
Cash Bail Bonds
Because there is far less paperwork than other forms of bail bonds, a cash bond (which is paid in cash) is one of the simplest forms of posting a bail bond. Unfortunately, a cash bail bond will not always be an option because, although the money will potentially be returned, paying the bail amount upfront can be a substantial enough amount that many people simply don't have.
Surety Bail Bonds
A surety bail bond is used when the bail is set at a level that is too high to be paid in cash. A contract will have to be written and guaranteed by an insurance company. San Francisco surety bail bonds are the most common services provided by our company.
Property Bail Bonds
A property bail bond will allow the court to put a lien on property for the total amount of the bail. If the defendant fails to show up to court, the bail bondsman may receive a portion of the property once the court forecloses. Call us for a further explanation of how we conduct San Francisco property bail bonds.
Federal Bail Bonds
These bonds are posted when a detainee is being charged with a federal crime. The bond for committing a federal crime is often very expensive. Retaining a bail bondsman for these types of bonds is more than likely a necessity.
Immigration Bail Bonds
Immigration bonds are a form of a Federal bail bond. An Immigration bail bond is not intended for someone facing criminal proceedings or jail time; instead, it is posted to keep a non-U.S. citizen out of custody while awaiting the outcome of their application for permanent residency.
Q: Do I have to appear personally to post the bail?
A: With the technology now available, there is really no need to appear at an office or a jail to post an inmate's bail. All the paperwork can be handled via email, fax, Internet or phone from the comfort of your own home. However, that doesn't mean you can't meet directly with a licensed bail agent in an office, at your residence or at the facility where the individual is being detained.
Q: How long does a bail bond last once written?
A: Bail bonds are typically in good standing for one year. Should the defendant's case continue for longer than one year, additional premiums may be due each year the case continues.
Q: Are all bail amounts in California the same?
A: No two localities will be exactly the same when it comes to granting bail. Bail amounts in California come with an assumptive bail rate, therefore, each judge and jurisdiction in California may assign bail differently.
Q: Who sets the bail amount?
A: Bail amounts are pre-set by the court. There is a standard bail bond schedule set at the county court for crimes; however, certain offenses require the defendant to appear in front of a magistrate or judge prior to being released. Some offenses require the defendant to petition the court to get a set bail amount.
Q: When can a bail bond be posted at the jail?
A: Most jails allow bail bonds to be posted 24 hours a day. However, some jails may not take a bond after midnight. It is best to contact a bail bondsman or the jail to find out what their individual policies are.
Q: What happens if a defendant fails to show up for court?
A: In some cases this may just be an oversight on the part of the defendant. It is exactly for this reason that it is critical for the co-signor (indemnitor) to know the whereabouts of the defendant at all times. If the defendant cannot be located, the bail bond company will then begin an investigation and deliver the defendant's file to a fugitive recovery agent, or bounty hunter, to locate them. The court may also issue a bench warrant for the apprehension and arrest of the defendant for failure to appear for the underlying charge.
Q: Do all bail bond companies charge 10%?
A: The legal mandated amount in California is 10%. There are some legal exceptions to the California 10% rule. In these limited situations, a legal rate of 8% may be applied. Other states may have different set standards for their rates, which are usually non-negotiable. There should be no hidden fees or taxes for a bail bond. For example, if the bail amount is set at $25,000, then the fee charged is $2,500 or 10%, no more and no less by law.
Q: Can a defendant's bail ever be denied?
A: Yes. The right of bail can be denied for violation of penal codes.
Q: In what case are inmates released without the need for bail?
A: Some inmates are released on their Own Recognizance or O.R. This means, the defendant has promised the court that they will look after themselves, rather than being released to the care of another family member, friend, etc. Some inmates are released from bail by the arresting officer just prior to being arrested. When this happens, it is called a Citation Release or a Cite-Out. In such a case, the defendant may not be placed in custody if the court believes the defendant will return to court on their own to stand trial.
Q: What's the process if someone can't pay for bail?
A: It is a somewhat common thing that some people will simply not have the money required to post bail. In this situation, the defendant must wait in jail for his or her trial date.
Q: What is the difference between the bail amount and the premium?
A: A premium is usually 10% of the bail amount which is set by the court. The premium is what you must pay a bail agent to have a defendant released from jail. For example: 10% of $10,000 is a $1,000 premium. That premium is a non-refundable fee. The bail amount is set by the judge and is based upon the individual county's bail schedule.
Q: What is collateral?
A: Collateral is a property or other valuable asset such as real estate, stocks, bonds, bank accounts, art work, etc. When collateral is used to secure bail, it is placed within the bail bondsman's legal control. It is one way of insuring that a defendant will return to court and complete their obligation to the court. It is important to know that should the defendant not present themselves in court, collateral may be sold by the bail company to cover the amount paid to post the bail.
Q: When I post the bond for someone, what exactly am I responsible for?
A: You become the defendant's "indemnitor." As their indemnitor, you are responsible for making sure the individual attends all scheduled court dates. If they fail to show up in front of the judge, you could be held responsible for the total amount of the bail.
Q: When am I no longer responsible (liable) if I sign for the bond?
A: You are no longer responsible as an indemnitor for the defendant's bond when they complete all court appearances and all premiums have been paid.
Q: What happens if I leave the state or country while I am out on bond?
A: You should be aware that you are subject to arrest should you leave the state or country without first requesting permission from bail agency in writing. Further, if the court has given you implicit instructions not to leave the state or country, you must request direct permission in writing from both the court and the bail agency prior to leaving.
Q: How long does it take to be released from jail once the bond is posted?
A: Every case is different. Timing of release has a lot to do with the size and capacity of the facility. Other details like what crime they were arrested or detained for also contribute to the timing. An inmate must be "booked in" before they can be "bailed out," which can also take several hours. There is no exact answer to this question; however, once the bond is posted, it can take as little as one hour or up to 24 hours in some cases for an inmate to be released.
(Please contact us 24 hours a day at 415-831-BAIL to answer any additional questions about San Francisco bail bonds that you may have.)
