Bail Bonds - Booking and Crimes

When someone is arrested for suspected criminal acts, they are taken to a jail or police station and booked. During and after booking, it is decided whether or not the person will be released on bail, or held without bail. If they are held without bail, it is usually because their crime is very serious, they have a previous criminal record, and the risk that they will not attend court hearings and simply flee is too great.

For other cases involving U.S. citizens, there is some form of bail set that the accused must pay to the court before they can leave the jail. Crimes involving bail can be misdemeanors or felonies. Examples of crimes for which bail may be required are:

• Domestic violence 1000 characters left
• Auto theft -Breaking and entering
• Threats of criminal activates activities
• Driving Under the Influence (DUI) -Burglary and Robbery 2 + 1 =
• Physical abuse of family members
• Assault and battery -Grand Theft Send Email
• Illegal drug sales and possession 

Bail acts as insurance or guarantee that the accused person will attend their court hearings and trials or risk losing a large sum of money or assets. Bail is set by the judge and can be appealed by the accused. The judge has the power to lower or raise bail after it is initially set.

The Booking Process

Following a person’s arrest, they are taken and held in some form of police custody, which can be a city jail, detention facility, or lock-up (in a county jail). The arrested person is then processed in a procedure called “booking.”  This process is conducted so that the police can make a full report and understand as much as possible about the case. Research the person to see if they have a prior criminal record, and record the case in their permanent files. During booking, the usual procedures are as follows: 

• The person’s personal information is taken by an officer. This includes full name, birth date, address, phone number, and the physical characteristics of the person
• All personal property will be taken and stored by the police. These items will be returned when the arrested person is released.
• The defendant is searched for any hidden weapons or other items
• The officer will talk to the defendant and collect as much information as possible about what happened as told by the defendant. This will be recorded.
• Fingerprints of the person are taken
• Photos are taken of the defendant (mug shots)
• A search for any previous criminal record is performed

Depending on the outcome and severity of the alleged crime, the defendant may be held in custody until a bail hearing is held. This is a preliminary hearing in which a judge hears the case and decides what bail is to be set _ if any.

If it is determined after booking that the crime is minor, the defendant has not criminal record, gang associations, and is in good standing in the community, they may be released with a written citation, and must promise to attend all court appearances.

If it is decided that the defendant must stay in custody and attend a bail hearing, then they must remain in a holding facility until then. The booking process can be lengthy and depends on the facility. It can take as long as 24 hours or more.

After the defendant is slated for release on bail, it can take 15 minutes to 10 hours to get released from a city or municipal jail, and 2 to 24 hours from a county jail.

There are five basic types of release for a defendant whose case has not been dismissed. Most are considered a type of bail.

Cash Bail: This is release on bail that is paid in cash to the court. This is used for cases in which the bail is relatively small, and when the defendant has enough cash on hand to pay the court. The money will be refunded in full after the conclusion of the case, as long as the defendant attends all court appearances as required. If the defendant does not appear or misses a court date, the cash will be forfeited and kept by the court.

Surety Bail Bond: This is like cash bail but instead of cash, a guarantee to pay the face value is obtained by a bail bond agent. This agent is backed by an insurance company or bank that has adequate assets to fulfill the bail if needed. A defendant often uses a surety bail bond instead of cash because the amount of bail is too much for them to pay cash. The defendant and bail bond agent contract together that the defendant or the defendant’s representative will pay 10% of the face value of the bail bond (in California) to the bond agent for their services and for posting the bail. The fee is non-refundable. Many states have laws standardizing this fee. California bail bond fees are 10% for surety bonds. In posting the bail for a defendant, the bail bond agent incurs the risk that the defendant may not attend his/her court appearances and risks forfeiture of the bail. To reduce the risk, bail bond agents often require collateral from their clients, along with the 10% fee. Collateral is property owned by the defendant or their party that can be used to pay the value of the bond in case the defendant flees. This can be the deed to a family home, a car, land, etc. The procedure to obtain a bail bond is fairly simple and should be made easy and stress-free by a good bail bonds agent. The agent should respond immediately after being contacted by a client, and will involve family, friends and supporters of the defendant as needed. After the process of securing the guarantee for the bond, the 10% fee and any collateral deemed necessary, the bail bond agent posts bail for the full amount. Because the bail bond agent now has a large amount of money on the line, the agent will supervise their bailees to ensure that they show up in court every time they are scheduled. If the defendant skips a court appearance, the bail bond agent will usually implement the process of locating him/her and bringing that person to the court. Property Bail Bond _In some cases a property bond may be used to post bail instead of cash or a surety bond. This type of bond uses property to secure the bail by recording a lien on the property for the duration of the case. The value of the property often must be double that of the bail amount. If the defendant flees, the court can foreclose on the property to obtain the forfeited bail. Own Recognizance _ Being release one’s own recognizance is another way that people are allowed to leave jail. This method does not require any money financial securities; rather the accused person must simply sign a written agreement promise that they will appear in court for all of their required proceedings. Most criminal courts of the state prohibit defendants released on their own recognizance from leaving the area while the proceedings are ongoing. Since no money or property is required for release, the accused is not subject to any financial hardship. These defendants are almost always determined to be law-abiding and have good standing in the community. Citation Release (Cite Out). This is a release granted to the accused right after arrest and the person is not taken into custody or booked. The arresting officer issues a citation to the arrested person, and informs them that they must appear in court. Because the accused person is not properly booked, accurate identification may not occur. The appearance in court of people who are release on Cite Outs depends solely on the trustworthiness of the arrested person to voluntarily obey the court orders. This is much like the Own Recognizance release. How is Bail Determined? The exact amount of bail is determined by the judge and is based on a County Bail Schedule and many other factors. The bail schedule has a list of various types of crimes, for which bail varies depending on the individual person and facts of the case. In Los Angeles County, for instance, a simple DUI bail charge is $15,000. If the case involves an accident, bail can be set at $50,000. On average, bail in California is $25,000, and it can be much higher. Sometimes, if the crime is serious, the judge will order no bail and the defendant must remain in custody until the case is resolved. An example of a county bail schedule is from Riverside County, CA. Bail Schedule _ Riverside County RULE 2: No Bail The following offenses will not be admitted to bail: 1. Murder with special circumstances. Use the procedure outlined in Rule 6.A. The declaration needs a statement by the District Attorney that states special circumstances will be filed in the Complaint. The special circumstances must be filed in the Complaint. 2. The offense charged is a felony involving acts of violence on another and the facts are evident or the presumption great and there is clear and convincing evidence that the defendant’s release will result in great bodily harm to others. Use the procedure outlined under Rule 6.A. outlined under Rule 6.A. 3. The offense charged is a felony and the facts are evident or the presumption great and there is clear and convincing evidence that the defendant has threatened another with great bodily harm and there is a substantial likelihood that defendant will carry out the threat if released. Use the procedure outlined in Rule 6.A. The Procedure to Set Bail although a judge can ultimately decide the exact bail for an individual case, it can take 3 to 5 days in custody before an arrested person sees the judge. Because most people want to leave jail as soon as possible, jails usually have a standardized bail schedule that people specify given crimes and list a set amount. The accused person can simply pay the standard bail for their accused crime and get out of jail right away. If the arrested person can’t afford the bail and decides to wait in jail and attend a bail setting hearing, they can do so. They may request reduced bail, but the judge may find reason to deny the request and the defendant could risk receiving a higher bail or the judge could deny bail altogether. This is the case if the defendant poses a danger to the community or has a past criminal record and the crime is serious. It is required by the Eighth Amendment to the U.S. Constitution that bail be reasonable and not an excessive amount. What this means is that bail should only be used as incentive for the accused person to come to their hearings and legal proceedings; he/she is presumed innocent until proven guilty beyond all reasonable doubt. Bail should not be use to raise money for the government or to punish the person for a presumed crime. However, some judges set bail extremely high, mostly in cases involving illegal drug sales, rape and battery. Recently, in 2010, a gang member in California was arrested for attacking two women, charged with attempted murder, rape, kidnapping, robbery and intimidating a witness. The judge set his bail at $1millon. This practice is done to attempt to keep the defendant in jail until legal proceedings are over, as most people do are unable to procure bail at that level. This is called preventative detention, and it has been argued that it violates the U.S. Constitution. Although the issue has not been decided in the U.Ss Supreme Court, Constitution courts not agreed with this thinking and have upheld the practice. What costs should you expect incur if you contract with a bail bonds agent and are helping someone with their case? The bail bond contract can contain many stipulations in addition to the 10% fee. Here are some of the items the client must agree to: - Pay the non-refundable 10% premium fee _ this is 10% of the face value of the bond. If bail is set for $10,000, the premium is $1,000. - In some cases, you must provide some kind of collateral. This can be a house, jewelry, a car, etc. - Pay for various expenses that the bail bond agent will incur in order to take care of the business. This includes but is not limited to: - Any phone or fax expenses - Any court costs and attorney fees - Some expenses for travel, if necessary - Bail Posting fees - If the defendant flees, any expenses and costs associated with Bounty agents or skip tracers, and payment of the entire bail if the defendant is not retrieved.