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Felony identity theft charges carry significant legal consequences. If you are charged with felony identity theft in Temecula, you could serve time behind bars and incur fines. Preparing for your trial outside jail is essential to preventing a guilty conviction. This can happen when a judge grants your release on bail. You can post cash bail or hire a bail bonds company to facilitate your release.

An Overview of Felony Identity Theft

California Penal Code (PC) 530.5 defines identity theft as the illegal act of knowingly obtaining and exploiting another individual's personal identifying details without permission or under pretenses. This involves fraudulently using someone else's name, credit card number, driving license number, social security number, or any other identifying details.

You could use these personal details for various fraudulent acts. These include stealing property, obtaining credit, making purchases, gaining access to financial information, or creating accounts in a victim's name.

Identity theft is considered a serious crime under California law. It carries penalties of up to two years behind bars, depending on the severity of the theft and the loss the alleged identity theft victim suffers.

Many identity theft cases can also be tried as federal crimes. This is because many personal information documents used are either federal or used to perpetrate federal offenses like insurance fraud, credit card fraud, wire fraud, and other crimes that fall under the purview of federal government enforcement agencies.

What is Bail?

California bail refers to the assets or amount an accused person has to pay to be released from detention pending trial. The accused can post bail in person or by hiring a surety company. If the accused uses a surety firm to post bail, the bail bondsman will ensure the defendant appears for court hearings.

Bail ensures that the accused shows up for all court proceedings before the trial. California has a bail table or schedule that helps judges determine the bail amount. However, a judge's decision may deviate from the bail schedule in some cases, depending on the nature and gravity of the crime, the defendant's past convictions, and if the accused poses a flight risk.

Failing to show up in court leads to the forfeiture of bail and the possibility of an arrest warrant being issued.

Understanding Bail Bonds

Engaging a bail bonds firm could be viable if you cannot post bail. A bail bond agent will settle the bail payment on your behalf for a 10% premium. California law allows bail bond companies to charge defendants at least ten percent of the total bail sum.

Therefore, the bail bondsman will only charge $2,000 instead of the entire amount if the bail amount is $20,000. Even though this still seems like a large sum of money, it is far less expensive than settling the full bail amount—especially when it comes to severe charges where the bail amounts are very high.

Since all bail bond companies should charge the same fee and these premium rates are required by law, they can go as high as ten percent for some federal and immigration charges. Regardless of the fees, hiring a bail bonds company could benefit people who cannot afford to secure their release on bail.

Bail Hearing

Usually, the bail amount is decided upon during the defendant's initial court appearance, sometimes referred to as the pretrial detention or arraignment stage. A magistrate can either reject an individual's request to be released on their own recognizance (OR) or grant their request on an agreement that they will return to court later.

You can be freed without posting bail if detained for a minor violation or a misdemeanor charge. More severe felonies, such as felony identity theft, are not eligible for an OR release. However, you can secure your release by posting bail. The arresting officer can also request a higher bail amount than the bail schedule recommends.

Factors That Affect the Defendant's Bail Sum

Several factors are considered when deciding how much bail will be imposed on the accused. These include:

• The nature and gravity of the offense.
• Past convictions.
• If the defendant poses a flight risk.
• Ties to the community.
• Financial resources.
• The defendant's mental state.

In addition, the bail schedule provides guidelines for all charges related to crime. However, the judge has discretion over the precise amounts. Even in cases where the offender is granted release on bail, they could still need to be subject to electronic monitoring, house arrest, or a restriction on the possession of any lethal weapons.

How Bail Bonds Work

You can secure your loved one’s release from jail using cash bail. Unfortunately, the amount of bail set for felony identity theft could be high, and most offenders and their loved ones lack the means to pay bail in cash. In such a case, you should contact a bail bonds firm. To use the services of a bail bondsman, you need to:

1. First, Contact a Reliable Bail Bonds Firm

The first step is to contact a bail bonds company. When you call a bail bonds firm, they will dispatch a bail bondsman to your location. The bail bondsman will look into the defendant's case and decide if they are eligible for a bail bond.

2. Provide Details About the Accused Person

You should be prepared with the details regarding the accused person's arrest, the allegations that led to their arrest, and the bail amount imposed by the court. When a bail bonds agent assists you, you will be required to sign a contract that will make you responsible for making sure the offender shows up for court on time.

3. Pay the Premium Fee

The bail bond agent will find the detainee and deposit the required amount to secure their release. You will be required to pay a premium not exceeding 10 percent of the total bail sum for the bail bondsman service.

4. Provide Collateral

The bail bonds company could request that you provide collateral security in addition to the payment. A collateral security can include any tangible asset that can cover the cost of the entire bail amount. You can submit home equity, a car, jewelry, or anything else of value as collateral.

If you present one, the bail bonds business will not physically assume the collateral’s ownership. Instead, they will retain the title.

The defendant is entitled to claim their collateral back if they show up on time for all scheduled court hearings and comply with any orders from the court. However, if the defendant forfeits bail, the bail bond company will take possession of the collateral and sell it.

What is Considered Stolen Personal Identifying Information?

The following personal identifying documents are often used in California felony identity theft cases:

1. Social Security Number (SSN)—The Social Security Administration issues this distinctive nine-digit number, frequently used as a person's primary identifier. The victim's social security checks could be misused or stolen.
2. Full Name—Offenders often use the victim's full name when opening fake accounts or impersonating them.
3. Date of Birth (DOB)—This information usually confirms someone's identity. Identity theft perpetrators can exploit it to assume a victim's identity.
4. Address—A victim's personal address details can be exploited for several things, such as setting up fake accounts.
5. Driver's License Number—An identity theft perpetrator could use a driver's license number, which is a widely used piece for identification, for various fraudulent activities.
6. Passport Number—An offender can use a victim's passport number to establish a false identity or to engage in illegal activity.
7. Financial Account Numbers—These consist of credit card numbers, bank account numbers, and other financial account details that can be used to open new accounts and commit federal crimes such as bank fraud or credit card fraud. Credit card issuers should immediately be notified to cancel any cards or accounts associated with the stolen details.
8. Personal Identification Numbers (PINs)—Identity theft perpetrators can illegally obtain PINs through various methods to gain unauthorized access. PINs are usually used for logging into personal accounts.
9. Email Address—An email address can be used for phishing trials by offenders to obtain additional personal data or access other accounts.
10. Phone Number—An identity theft perpetrator can obtain access to a person's accounts or commit fraudulent acts using a victim's phone number.
11. Online Login Credentials—Passwords, security questions, and usernames for different online accounts could be hacked and used to access accounts and personal data without authorization.
12. Medical Information—It is possible for certain offenders to commit insurance fraud or use personal health information, such as insurance information, to receive medical services in the name of another person.
13. Employment Details—Identity thieves can impersonate a person or commit fraud using their employment details, such as the employer's job title and name.
14. Tax Identification Information—These can be Individual Taxpayer Identification Numbers (ITINs) or Social Security Numbers (SSNs), which could be used to submit false tax returns and verify refund claims.
15. Biometric Information—If compromised, facial recognition, fingerprint, or iris scanning information can be exploited for identity theft.

False Personation

False personation can be defined under PC 529 as the deliberate act of impersonating another individual, real or fictional, to deceive, defraud, or cause harm to that individual or any other party. This crime is similar to identity theft and can often be charged alongside it.

The following are some of the various scenarios in which false personation could occur under California PC 529:

• Impersonating someone else by using their identity or other personally identifiable details without their permission.
• Falsely claiming to be an official from a government organization, such as a firefighter, police officer, or others.
• The defendant assumes another person's identity to obtain access to their financial accounts, personal documents, or other sensitive information.
• Falsely representing yourself as a licensed professional to defraud or deceive people. A licensed professional could be a physician, contractor, or lawyer, to name a few.

Types of California Felony Identity Theft Charges

Felony identity theft is classified as a California "wobbler" crime, meaning that a prosecutor could charge it as a felony or a misdemeanor. Usually, the penalties include probation or several years behind bars.

The specifics of the offense will dictate the severity of the penalties and how they are charged. Some of these factors include:

• The defendant's prior criminal history.
• The victim's loss.
• The value of any property that was taken while using the information.
• Any other crimes alongside the underlying offense, such as petty theft, embezzlement, or first-degree burglary.

Average Bail Amount for California Felony Identity Theft

The California bail schedule stipulates that the initial bail amount for felony identity theft ranges between $20,000 and $50,000. However, this amount varies across Southern California, with some counties, such as Riverside County, charging as much as $20,000 for a petty theft crime while charging less for an embezzlement crime.

Since the average bail amount for felony identity theft varies between $20,000 and $50,000, the bail bond procedure for such charges is serious and requires professional assistance. However, a criminal defense lawyer and a bail bond company can support you during this trying time and assist you and your loved one secure the funds.

Advantages of Using a Bail Bonds Company

Posting bail through a bail bonds firm could have the following benefits:

Quick Release

Dealing with an arrest can be a stressful ordeal. The situation becomes even more serious when you are held in police custody. If you are facing charges of felony identity theft, you should consult with a legal professional as soon as possible to draw up a defense strategy.

Staying behind bars can be detrimental. Raising the full bail amount could take a while, considering felony identity theft attracts high bail amounts. Because of this, the defendant could spend much time behind bars. Bail bond companies have the funds to pay your bail and expedite your release.

Readily Available

The availability of bail bond agents is another advantage of using bail bonds compared to other bail payment options. You never know when you could be arrested. If you need to post bail at any hour of the night, a bail bonds company can be ready to assist you.

More Affordable Option

If you are a repeat offender or facing felony charges, the bail amount could be extremely high. When engaging a bail bonds firm, you must only pay ten percent of the total bail amount. This contrasts with using cash bail, which requires you to submit the entire amount. Spending less for this process is advantageous since you will need more funds to obtain legal counsel and defend against felony identity theft charges.

Flexible Modes of Payment

Bail bonds are the most common option for individuals who cannot afford other kinds of bail payments. You can engage a bail bonds firm to obtain the funds you need rather than letting your loved one stay behind bars. Most bail bondsmen will allow you to use a payment plan if you cannot pay the full premium cost at once. Before choosing one, discuss the bail bond service's prices and payment options.

What are the Drawbacks of Using a Bail Bonds Company?

There are a few disadvantages to working with a bail bonds service. The most significant disadvantage is that you would not receive a refund for the bail premium.

If you use cash bail, you can expect your money back if the accused person attends their scheduled court hearings. The court uses collateral, in the form of bail, to guarantee that the defendant released from custody will appear in court as ordered.

When you hire a bail bonds service, they charge you a bail premium. The fee is usually around 10% of the total bail amount. However, it will vary depending on various factors. No matter how the case proceeds in court, you will unlikely receive a refund.

Therefore, you should determine whether you prefer to pay a lower but non-refundable bail premium or the entire bail sum, which you can recover after the case is resolved.

What Happens to My Bail Money When the Case Is Over?

Bail is not used as a means of punishing felony identity theft offenders. You can receive your bail money regardless of the case's outcome. Recovering bail funds is based solely on the accused person's ability to comply with bail terms and appear in court when ordered.

If you flee to avoid attending your court hearings, the court will forfeit the entire amount of bail posted. If you used a bail bonds firm to secure your loved one's release, the presiding judge will issue a forfeiture notice to the firm in question. The bail bond company will likely lose its money if a bounty hunter fails to bring the accused before the court. In exchange, the bail bond company will take your collateral to reclaim their money.

Find a Temecula Bail Bonds Company Near Me

Felony identity theft carries severe penalties, including jail time and hefty court fines. The amount of bail required to secure release from custody varies based on the specifics of your case. If this amount is more than you can afford, you can contact Justice Bail Bonds in Temecula. We can help post your bail, allowing you to leave police custody and fully prepare for the court hearing. Call us now at 714-541-1155.