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There seems to be a lot of confusion when it comes to being released on bail in criminal cases. This guide can help you in understanding what is bail and how it works.
Most importantly, you should know that bail is a type of insurance and it is ruled partially by the penal code and partially by the insurance code.
A bail bond company is run by a licensed bail bondsman and only licensed bondsmen can write bonds. Just like vehicle insurance and homeowner insurance, these bonds are underwritten by insurance underwriters.
Knowing that bail is a type of insurance policy provided to the courts can help you better understand how it works.
When you contact a San Diego bail bond company, we will want to know the charges holding the person in jail. Usually, we will also go online to check what are the charges. If you contact us before the first court date, the charges will be based on what the arresting officer listed in his arrest report. These charges may change once the District Attorney files the actual charges one or two days later.
How Much Does Bail Cost?
Once the defendant has gone to his or her the first day of the court, the bail amount is going to be based on the charges that were filed by the D.A. The county has a schedule of bond amounts and the judge will set bail at the scheduled amount, a lower or a higher amount.
The California Constitution says that defendants are entitled to bail except when they are charged with killing, have committed violent acts on others, or they sexually assaulted a person and are likely to assault another person. In reality, bail may be obtained for these individuals also, but it will be high.
The judge will set bail at an amount that he or she believes can make sure that the defendant will attend court hearings and therefore the public won't be in any danger.
The amount of the bail will depend on the charges filed by the D.A. and on what the judge orders. San Diego bail bond rates are set by law at 10% of the bail amount; however, we are able to offer up to a 30% discount.
Bail and the California Constitution
The California State Constitution, Article I, Section 12, requires that “the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case.”
Defendants are given the possibility to have a bail review hearing. At this hearing, they may present evidence why bail should be reduced or even dismissed. Also, a prosecutor is afforded the right to be heard on why bail should be set, if it wasn’t prior, or increased. A judge is required to state on the record their decision to release a defendant without bail or to grant or deny bail. The California State Constitution prohibits the setting of excessive bail.
Judges take setting bail very seriously. They are well-practiced professionals handling thousands of cases annually who know the gravity of sending defendants to jail and requiring them to post bail. Judges have to continuously balance the rights of a defendant with the rights of the public-at-large. This should provide a good introduction to bail in San Diego criminal cases.
To hire an experienced bail bondsman and for answers to your questions related to your criminal case, call now King Triton Bail Bonds at 760.505.0811. We won’t stop until we get the job completed and done right.