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A felony extortion charge has serious consequences. Despite the possible legal repercussions, securing pretrial release can be a considerable obstacle. Due to the seriousness of the crime, extortion charges sometimes result in large bail amounts, unlike minor offenses. This is because there are worries for victim safety and possible flight risk due to the threats and intimidation that are part of extortion cases. Furthermore, the type of threats you allegedly made could impact how the court determines how dangerous you would be to the public if freed.

Thankfully, there are ways to deal with the bail situation. A bail bondsman's whole business model is acting as the court's surety, thus securing your pre-trial release in return for a non-refundable payment. This allows you to fight the charges outside of a jail cell and devote resources to an effective defense strategy. This article helps you understand bail bonds for felony extortion.

Bail Process in a Felony Extraction Case

A bail hearing for felony extortion usually takes place 48 hours after an arrest in Riverside County. This court session is critical because it sets the bail amount, which is the primary factor in determining whether you remain in jail until your trial.

Booking at the county jail is the first step. The process involves routine procedures like information gathering and fingerprinting. The bail hearing takes center stage shortly after that.

The judge considers the arguments made by both parties during this hearing. Given the seriousness of the alleged extortion and other relevant circumstances, including the nature of the threats, the amounts at stake, and any other hazards to public safety, the prosecution may push for a higher bail.

However, you retain the right to present a counter-argument. If you have legal representation, your defense lawyer can fight for a lower bond amount or even your release on your own recognizance (OR). OR release signifies the court's confidence in your ability to appear in all upcoming court cases without posting cash bail.

Along with taking into account your criminal history, your danger of fleeing, and the strength of the prosecution's case, the court carefully weighs all the arguments made. The judge's final judgment about your bail amount is based on this thorough evaluation.

In California, extortion accusations are considered felonies that carry hefty bond amounts, usually between $50,000 and $100,000. This might pose a serious financial challenge for individuals seeking release before trial.

The high bail amounts could negatively impact your finances, particularly if the accusations are later withdrawn or you are found not guilty after a trial. Bail bondsmen offer an alternative by assisting with your release without paying the full bail to the court upfront.

The process involves paying the bail bondsman a non-refundable fee, known as a premium, usually 10% of the bail. This option significantly reduces the initial financial burden imposed by the judge.

Although 10% of an excessive bail sum is substantial, respectable bail bond companies can provide options by offering adjustable payment schedules. These plans make the premium more manageable by allowing you to spread its expenses over time. Notably, there can be extra costs associated with these plans. Therefore, before signing any contracts with bail bond companies, consider all the terms and conditions carefully. Examining these adaptable payment methods could help you get pre-trial release more easily.

Furthermore, according to the bail bond arrangement, you must also sign a guarantee, possibly with another person (a guarantor). If you fail to appear in court as scheduled, you both financially bear the cost of the entire bail.

What is a Bail Forfeiture?

Bail forfeiture is a crucial legal concept in criminal proceedings. It occurs when you violate your bail terms by not showing up for court as scheduled, which happens in two major circumstances, namely:

• You risk having your bail revoked if you miss court without good reason. Some actions that could inform the court’s decision to revoke your bail include missing hearings due to personal negligence or taking unplanned vacations.
• When you refuse to turn yourself in despite the court's order to start serving your sentence following a guilty decision or plea deal

The bail forfeiture process follows specific stages. Initially, in open court, the judge legally declares your bail forfeited if you miss court without a good reason. The court may then issue an arrest warrant to guarantee your arrest and subsequent appearance in court.

Bail bondsmen play a critical role in this process when they secure your release with a bail bond. They assume partial responsibility and typically have a set timeframe, often 180 days, to produce you in court or pay the forfeited bail amount directly to the court. They could enlist the services of bounty hunters to achieve this. 

Skipping bail starts a domino effect. When you fail to appear in court, bail bondsmen, who have fronted your bail amount, face forfeiture of the entire sum. They thus hire bounty hunters, authorized experts adept at tracking down fugitives, to make up for their losses.

Working on a contractual basis with bail bondsmen, they earn a percentage of the bail amount upon successfully apprehending you. This monetary motivation drives their unrelenting pursuit.

Finding a fugitive involves a thorough procedure. Bounty hunters use a variety of sources, including social media, DMV records, job histories, and public record searches. They also conduct associate interviews and use specialist databases for skip tracing. On occasion, when given the right permission, they monitor important places.

Crucially, bounty hunters are not members of the law enforcement community. They are not there to make an official arrest. Their job is to capture and return you to the bail bondsman. State-by-state variations exist in the legal bounds surrounding their operations, and they must abide by stringent regulations to prevent charges of abduction or intimidation. 

Collateral Requirement in Bail Bond Agreements

Bail bondsmen often ask for collateral as part of the bail agreement to reduce risk. Collateral has two functions:

• The collateral protects the bondsman by safeguarding the bail bondsman’s financial interests if the defendant fails to appear in court. This results in the forfeiture of the bail, which the bondsman is required to pay in full. Collateral also serves as security, allowing bondsmen to recoup their losses by seizing assets like cars or real estate.
• Collateral is essential to guarantee the defendant's appearance because felonies that include extortion raise the possibility of the defendant fleeing. Losing the collateral is possible if you fail to attend your scheduled appearance. 

If you fail to appear in court and your bail is reclaimed, the bondsman has a few choices. To compensate for their losses, they can negotiate a partial payment or take legal action to collect any unpaid balance. They can also sell the collateral and use the proceeds to recoup their sum.

Please review and understand the collateral conditions before signing a bail agreement. You should also know what the bondsman will do if bail is forfeited.

An Overview of Felony Extortion

Penal Code Section 518 defines blackmail, or extortion, as a crime committed through force or threats. The perpetrator uses these tactics to coerce a victim into specific actions.

There are two types of these acts, namely:

• The extortionist forces the victim to relinquish money or property — This could entail making threats of theft, requesting a certain amount of money, or exploiting sensitive information for financial gain.
• Pressuring a public official to perform or neglect an official duty — Threats against judges, law enforcement agents, or other public officials to influence their decisions in a particular case or inquiry fall under this category.

Several issues that cause the victim great pain make extortion a grave crime. These include:

• Psychological coercion — The goal of extortion is to make the victim feel afraid and intimidated by using force or threats. This constant fear could affect their sense of security and mental health, among other long-lasting psychological impacts.
• Loss of control — Extortion victims lose their sense of self. They must abide by the extortionist's demands to escape the dreaded repercussions. This leaves them feeling powerless and takes away their control over their lives.
• Economic hardship — Financial demands are a common component of extortion, which puts a heavy financial load on the victim. This could force individuals to give up assets or cash, endangering their ability to maintain a stable financial situation.
• Reputational damage — Extortion can seriously harm a victim's reputation, depending on the type of threats made. Threats to reveal private information could lead to social exclusion and public disgrace.
• Possibility of violence — The victim of extortion could experience continuous anxiety due to the implicit danger of violence that is present in these circumstances. They could worry about their safety or the safety of those they love.
• Repeat offenses — When extortion is successful, it can give offenders the confidence to go after the same victim or look for new ones, which feeds the vicious cycle of intimidation and terror.

Methods Used to Commit Extortion

Offenders use various ways to extort their victims of information, favors, or assets. Some of the most notable ones include the following:

1. Extortion by a Signature

Extortion by signature is a unique criminal offense under standard agreements. It happens when an offender coerces the victim into signing a document against his/her will or uses threats or other forms of intimidation to get the victim’s signature.

Extortion by signature, a crime under Penal Code 522, is unique because it involves coercion and intimidation. The offender uses both obvious threats, like bodily harm or damage to the victim’s reputation, and implicit threats of adverse consequences to coerce the victim into signing. The coercion invalidates the victim’s consent.

The main goal of the offender is to get the victim’s signature on certain documents, including loan agreements, contracts, or admissions. A signature extortion tactic could involve pressuring the victim to sign documents, sell items at a discount, or transfer ownership of assets.

The offender could have financial motivations, seeking cash or valuables, and the victim would not voluntarily give up. It also applies to non-financial gains, including taking over a company through a compelled agreement or silencing the victim with a forced confession.

For example, an abusive spouse could threaten to file for divorce and make false accusations in court unless you sign over ownership of a jointly owned asset.

2. Extortion Through a Threatening Letter

Penal Code Section 523 criminalizes extortion through two primary means: 

• Traditional written threats and
• Increasingly frequent ransomware attacks.

Conventional Written Threat Extortion

According to Penal Code Section 523(a), extortion can be achieved by delivering a written threat via handwritten notes, emails, texts, or letters. The offender's intention is crucial. They must want to take anything of value, including cash, real estate, or intangible assets, from the victim.

Threats that fall under Penal Code Section 519 must be of a kind that would injure the victim, their loved ones, their reputation, or their property. For example, extortion via traditional written threats occurs when someone emails the victim, asking for money to prevent the release of compromising information.

Malware Extortion

Penal Code 523(b) incorporates ransomware attacks in response to the changing nature of extortion. Malicious malware, known as ransomware, prevents a victim from accessing their data or computer system. It functions as a digital lock that requires money to be unlocked or access restored.

For ransomware to be considered extortion under Penal Code 523(b), the offender must introduce it directly or by deceiving another person into the victim's system or network. The goal of ransomware removal or access restoration is the same as that of classic extortion: to extract valuables from the victim.

It is important to emphasize a few noteworthy elements, namely:

• Regardless of the approach, the threat must be credible and induce fear in the victim. A threat is only real if a reasonable person perceives it as profound and likely to cause harm.
• Even in cases where the victim refuses to comply with the requests, the crime is deemed to have occurred.

Are Criminal Threats Different From Extortion?

Criminal threats involve threatening bodily or other harm without necessarily asking the victim to comply with any particular request. The main goal is to intimidate or cause terror. For instance, a criminal threat would be making bodily threats to harm someone if they were to enter a specific region. With criminal threats, intimidation is more critical than forcing someone to do something or give up something.

While both extortion and criminal threats entail threats, it can be difficult to distinguish between them because of their different goals. The critical distinction hinges on the desired outcome: extortion seeks a specific action from the victim, whereas criminal threats are intended solely to intimidate.

Moreover, legal charges could vary depending on how serious the threat is. Threats that include physical harm could have harsher consequences than those involving property damage. Another critical factor is context. While threats made in jest (jokingly) could not be considered crimes, continuous or threatening threats might have legal repercussions.

What Happens to the Sum Posted as Bail At the End of Your Felony Extortion Case

Attending all hearings and complying with pre-trial release conditions demonstrates a positive direction for your case. This responsible conduct satisfies the conditions of your bail bond, leading to its exoneration by the court.

The court's exoneration of the bail bond court confirms the following:

• It recognizes that the bond successfully guaranteed your attendance at all court hearings. As a result, the court is no longer required to hold onto the bail money for security purposes.
• The court usually returns the full bail amount that the bail bondsman provided after you fulfill all your conditions.

Identifying the Ideal Bail Bondsman to Work With

Choosing the appropriate bail bondsman is essential when dealing with a difficult circumstance like posting bail. The following are some crucial standards to rank first:

• Check the bondsman's reputation beforehand and ensure their license is active in California. Consult your lawyer or the local legal organization for referrals, and look for credible online reviews. A reputable bondsman will have an open web profile and a valid license.
• Obtain a detailed explanation of all related costs, including the premium, commissions, and any collateral needs. Avoid paying excessive prices or unstated costs. Reputable bail bondsmen will be honest about all of their fees.
• Select a bail bondsman who will answer your queries promptly and communicate with you around the clock. Clear and consistent communication is essential, especially in a time-sensitive situation.
• Think about collaborating with a bail bondsman familiar with Temecula courts. Their knowledge of the bail procedures in the area can make things go more smoothly.

After considering all the above issues, you should select a bondsman who gives you confidence and explains everything in detail.

Find a Reputable and Experienced Bail Bondsman Near Me

Extortion charges have substantial financial and legal ramifications. Excessive bail sums could present a significant obstacle to pretrial release. However, the legal system offers options before a trial, and bail bond companies are a crucial option.

Reputable bail bond companies know the financial burden of extortion allegations. They can expedite your release at a lower cost, relieving you of some financial strain while you focus on your defense and preserve your normalcy. It is necessary to choose a reliable bail bondsman. They help you understand the terms of the agreement, handle your questions, and handle the bail process. However, reading over a contract carefully before signing is still crucial. 

If you or a loved one requires bail bond services in Temecula, you can count on Justice Bail Bonds. Contact us today at 714-541-1155. Our bail bond agents are ready to help you secure your pre-trial release.