A felony kidnapping charge is severe and could leave you serving time behind bars for a long time. But your situation can improve if you post bail to prepare well for trial. A bail release also takes you back home to your loved one, work, or school to minimize the life interruptions of a criminal arrest. But you could face difficulties securing bail for a severe felony charge like kidnapping. Some degrees of kidnapping are pretty severe, and the judge could order you to remain in jail until the determination of your case.
However, you can seek the assistance of a skilled bail bondsman who understands your need for a pretrial release, regardless of the seriousness of your charges. An experienced bail bondsman understands how complicated the process is and the restrictions you will likely face because of the severity of the charge. But they can help you navigate the process and fight with you for the bail release you need.
How Bail Works
Bail is the money you pay the court to guarantee your court appearances in exchange for a pretrial release. California's courts are usually insufficient to hold all suspected offenders for police arrest every day. Additionally, the law only mandates retention once a suspect has been found guilty of a crime. Criminal court judges grant bail release in most cases, except under specific conditions. For example, if an offender threatens the safety of others or is at risk of fleeing or reoffending, the judge can deny them bail. Remaining in police custody until the end of their case will serve the interests of justice.
When the judge grants you bail, you can pay a specified amount to the court to ensure your court appearances. You must sign an agreement allowing the court to forfeit the amount if you fail to appear or violate other bail release conditions. If you keep the end of the bargain, you can recover the total amount at the end of the trial, regardless of your case’s outcome.
Bail ensures that a suspected offender makes all court appearances that the judge will schedule for their case. It prevents the defendant from fleeing, which could delay all court processes about their case. Fleeing will also cost the justice system a lot of money as the police search for and apprehend the defendant.
However, the amount of bail you pay for a particular charge differs from what another defendant will pay. The judge sets the amount according to your case details and criminal history. A misdemeanor will have a lower bail than a felony. A kidnapping charge will carry a higher bail as it is a severe felony.
In some cases, judges deny bail because of the details of a particular case. For example, you could be denied bail for a kidnapping charge because it is a severe felony. However, an experienced bail bondsman can help navigate the bail process successfully.
Bail Bonds
Typically, bail is expensive. Setting it high is the only way to ensure defendants do not skip bail. If your bail was set low, you could quickly flee without worrying about losing a small amount. Only a few defendants can pay for their pretrial release when bail is high. That explains why bail bonds are top-rated in California. They ensure that every defendant can obtain a pretrial release, regardless of their financial situation.
Bail for a felony kidnapping charge will be high. A kidnapping charge is classified according to the gravity of the case. It helps to understand the various classifications to prepare for bail negotiations and trials. If you face first-degree kidnapping charges, you could face difficulties securing bail because it is a very severe charge. Hostage kidnapping is also a grave charge and could complicate the process even more. The judge can deny you bail, but an aggressive bail bondsman can help you secure bail. If the judge agrees to grant you a pretrial release, your bail will likely be high, hence unaffordable. Your trusted bail bondsman will help you with it.
Securing bail is not the only challenge you will likely face after an arrest for kidnapping. You will need help posting bail for your pretrial release. A bail bondsman can help you with that at an affordable fee. The standard charge for bail bonds in California is 10% of the bail. That is a more reasonable amount that you can quickly raise when compared to the entire bail. You only pay the 10% charge, with no additional costs. Some companies can even allow you to make partial payments if you cannot afford the entire amount upfront.
Once you agree to work with a bail bondsman, they will pay a surety bond to the court on your behalf and process your bail release. The bondsman will make follow-ups to ensure that you follow through with your case to the end. They do so to avoid losing a substantial amount, which could happen if you fail to appear and the court forfeits your bail. When that happens, the courts will demand a full payment from the bail company. The bail bondsman does not incur a loss when you keep the end of your bargain.
What Determines Your Bail Amount?
The judge sets your bail during your initial court hearing. That is when the prosecutor reads your charge, and the judge allows you to enter a plea. If you enter a guilty plea, you will not go through trial. In that case, the judge will set your sentencing date. But if you plead not guilty or no contest, the judge will bring up the bail matter and set your court hearing date.
The judge must seek your attorney’s and the prosecutor's opinions to determine your bail. However, they make the final decision. The judge can order your release on your own recognizance without requiring you to post bail. But you must promise to appear on the date they set for your trial. If your attorney requests an OR release, the judge can grant or deny it based on the details of your case. Judges primarily give release on personal recognizance in infractions or simple misdemeanor cases.
But the judge will require you to post bail if they grant your pretrial release for a kidnapping charge. They could set the amount as it is on the bail schedule or increase or lower it. Your attorney can negotiate for a bail reduction if the judge sets it too high.
In addition to the nature of your charges, the judge will consider your criminal history when setting bail. Judges are a little more lenient on first-time offenders than repeat offenders. The judge could reduce your bail if it is your first offense. The judge will also consider your community ties. A strong community tie will keep you within the court’s jurisdiction until the end of your case. Judges consider your employment, business, family, and friends to determine the strength of your ties to the community. You will likely flee after a pretrial release if your ties are weak. That could compel the judge to deny you bail.
Judges also consider your financial capability when setting bail. A judge will not require you to pay an amount you cannot afford. If you are struggling financially, your bail will be more reasonable than if you are wealthy. Lastly, the judge will consider the safety of your community. If you are likely to commit another crime, it could be a good idea for the judge to keep you in police custody until the end of your case. But if you are not a risk to your community, the judge can grant you bail.
What a Felony Kidnapping Charge Entails
The law against kidnapping is under PC 207. According to this statute, you kidnap another person when you forcibly, or through fear or enticement, remove another person from one location to another without their consent and any lawful authority. If you are not the police, a person’s legal custodian, or anyone with authority over a person, it is a crime to forcefully keep or move them against their will. In most cases, people kidnap others for reasons like robbery, ransom, inflicting physical harm, and sexual assault. It is a very severe felony offense, punishable by life imprisonment.
One element of this crime that the prosecutor uses to support a kidnapping charge is that you move the person from one location to another. Relocating or moving the victim over a considerable distance, however slight, is essential under this statute. The prosecutor will use the circumstances of your case to demonstrate whether the distance of this move is significant. Other factors determining the severity of your charges include the distance you covered with the victim, whether that movement or relocation increased the victim’s risk of harm, and whether the distance reduced your odds of arrest.
Note that this statute does not have a specific distance over which you must move the victim to commit a kidnapping. Even a slight movement can result in serious kidnapping charges. The jury and the judge will consider other evidence to decide whether or not the distance was substantial.
Additionally, the prosecutor can file simple or aggravated kidnapping charges, depending on the details of your case. But remember that all kinds of kidnapping cases are felonies, whether simple or aggravated. The difference is that your penalties for an aggravated kidnapping sentence will be graver than what you would receive for a simple kidnapping conviction.
Simple kidnapping involves using fear, force, or violence to move another person over a substantial distance against their will. The victim can be a child or an adult. Simple kidnapping does not involve the infliction of physical harm to the victim. A bodily injury is an aggravating factor that calls for enhancing your penalty.
An aggravated kidnapping charge occurs when there are aggravating factors in your case. For example, if the victim of your offense is a child aged 14 or below, the victim suffers sexual assault or severe bodily harm.
Additionally, you must have a specific intent to kidnap another person for the prosecutor to file aggravated kidnapping charges against you. For example, you must have committed the offense to commit another felony like robbery, extortion, ransom, or reward. The kidnapping of a very young child (14 years or younger) is a severe felony, especially if you are not the child’s legal custodian. You could also face child abduction charges. The prosecutor also considers how long the kidnapping lasts. For example, if you keep the victim for a considerable period, the prosecutor could consider that an aggravating factor, regardless of their age.
Additionally, if your victim suffers bodily harm while in your custody, the prosecutor will file an aggravated kidnapping charge. Your penalties will increase with the degree of bodily harm your victim suffers. For example, if the victim suffers a physical disability or disfigurement, your penalties will be stiffer.
Possible Penalties for a Felony Kidnapping Conviction
Remember that all acts of kidnapping are prosecuted as felonies in California, including simple kidnapping. If your case does not have any aggravating factors and the jury finds you guilty of a simple kidnapping charge, you will likely be sentenced to eight years in prison.
Aggravated kidnapping is punishable by five years to life imprisonment. The judge will choose the most ideal sentence based on the details of your case and your criminal history. Aggravated kidnapping is also a strike under the Three-Strike Law. Thus, you must serve at least 85% of the court-given sentence before applying for parole. Here are some of the guidelines the judge will use in determining your sentence for aggravated kidnapping:
- From five to eleven years, the victim is a minor aged 14 or younger.
- Life imprisonment if you kidnapped another for sexual assault, robbery, ransom, blackmail, or carjacking.
- Life imprisonment if the victim sustains a significant bodily injury or death.
Bail for a Felony Kidnapping Charge
Kidnapping is a severe felony. Thus, its bail will be considerably high. Some judges will deny you bail if you still pose a risk to other people in the community. Other judges will set a high bail to discourage you from making bail, especially if you are a flight risk or are likely to reoffend while on bail. If the judge agrees to release you on bail, they could set it to one million dollars or more. The exact amount will depend on the details of your crime and your criminal history.
When your bail is high, your loved ones will face difficulties paying for your pretrial release. You could remain in police custody until the conclusion of your case. But that is not ideal if you have a family to care for, a job, or a business to run. You could lose considerable time and suffer life-changing consequences, especially if your case drags on long before the final verdict. You must consider working closely with an experienced bail bondsman for a quick, reliable, and affordable release.
The bail process for a severe felony charge like kidnapping can be harsh. The prosecutor could demand detention or a higher bail. You need help and support to navigate the process successfully. A skilled criminal attorney can work with you to achieve the most favorable outcome. Additionally, a bail bondsman can assure the court that you will make all court appearances without fail. That is all the judge needs to hear to release you on bail.
Once out on bail, you can work with your attorney to gather evidence and other factors that could help your case. You will also have enough time to prepare for trials as you continue your daily life. An arrest can significantly interrupt your life. Things could even worsen if you remain in police custody for much longer than you should. That is why you should consider seeking immediate help from a bail bondsman after your kidnapping arrest.
Fortunately, skilled bail bondsmen work quickly to ensure their clients spend the least time in police custody. They will hasten your bail process so that you will not miss out on essential matters in your life. Additionally, they work confidently to protect your reputation. No one needs to know about your kidnapping charge, as that could affect your social and career lives.
Find a Trustworthy Bail Bondsman Near Me
Do you face kidnapping charges in Temecula and are afraid of the severe consequences of spending more time in police custody?
A kidnapping arrest does not mean that you lose your freedom instantly. You could be eligible for bail, which allows you to obtain your freedom before trial. Then, you can prepare well for trial as you care for essential matters in your life.
We offer reliable, affordable, timely bail bonds at Justice Bail Bonds to secure your freedom immediately after arrest. We also walk you through the process to ensure you make all court appearances for a better outcome for your case. A kidnapping charge could result in high bail, but our rates are affordable. We also offer flexible payment plans if you cannot pay the fee upfront. Call us at 714-541-1155 to learn more about our bail bond service and how it can benefit your situation.
