An arrest is a devastating experience for a defendant and their family. When you learn of a loved one's arrest, you want to arrange a quick release for them. This allows them to come home and move on with their lives while their case is pending. You must post bail to secure a release before your trial.
The court sets bail amounts at a defendant's first arraignment. You can post bail for the defendant in cash if you have the full bail amount. When bail is too expensive, you must not let your loved one remain behind bars. Instead, you can use a property bond to secure their release.
A common type of property bond used in California is a car. You can use your car to post bail in court or as collateral for a bail bond. This involves purchasing the car title in exchange for the reward. Although a car is a readily available asset for use as bail, the war must meet the ownership and value requirements set by the court.
Using your Car to Pay For Bail in California
The court sets bail for defendants at the first arraignment. Most defendants are eligible for bail release. However, not everyone can come up with the amount needed by California courts. When cash bail is unaffordable, you could explore other options, such as using property. Properties that you can use for bail include real estate, a car, or valuable jewelry.
You can use a car title to pay directly to the court or to guarantee a bail bond. When you use a car for a direct bail payment, you present the car title to the court in exchange for the defendant's release. The court will put a lien on the car under these circumstances, and you cannot sell or transfer it to someone else.
Alternatively, you can use your car as collateral for a bail bond. Bail bond agencies offer financial assistance for defendants seeking a release from jail. A common requirement for defendants with a high flight risk or a history of skipping court dates is collateral. You can use the car as collateral when no other property is available. This will involve presenting the vehicle title to the surety company.
Before you use a car to pay for bail, the court will schedule a property bond hearing. At this hearing, you must establish the value and ownership of the car. This ensures that it meets the court requirements.
You can prove these facts by presenting relevant documents for the car. They include the car title, current registrations, and evidence of completed payments. When using the car as collateral for a bail bond, your bail bondsman will investigate this information before determining your eligibility for the bond.
Requirements that a Vehicle you intend to Use for Bail Must Meet
Using a vehicle title is a convenient way to secure a release. This type of bail allows you to have your loved one home in no time without spending much. Additionally, the car serves as a guarantee for a bail bond that a surety company can offer for your loved ones.
However, the courts and surety companies do not accept all vehicles for bail. Your car must meet these requirements:
You Must Own the Vehicle
You cannot use another person's property for bail. Before the court or surety company can accept the car in exchange for a release or to guarantee a bail bond, you must prove that you own it. This is by presenting the car title, which must have your name. This requirement helps ensure that you do not risk another person's property.
You Must Hold The Car Title
It is not enough that you own a vehicle to use it for bail. You may have the car title at hand when using it to secure your release or that of another person from jail. The court or surety company will hold onto this title until the case ends.
Although a surety company can accept the vehicle title as collateral, using a vehicle is a temporary solution. This mode of paying bail is often available on weekends or holidays when the banks are not operating.
You Should Have Completed your Payments on the Car
When you purchase a vehicle on a loan, your equity in the vehicle is the amount you have paid to the dealership. The courts and surety companies require you to have full ownership of a vehicle that you present as bail in California. Having full ownership means that you have completed all the payments for the vehicle. This makes it easy for the court or bail bondsman to sell the car when necessary.
The Car must be in Good Shape
When you use a car to pay for a bail bond, the surety bonds company can sell the car to recover its money. Therefore, you must ensure that the vehicle is in good condition. The surety company can send someone to inspect your vehicle before they accept it as collateral for a bond.
Ensuring that the vehicle is in working condition protects the company from having to sit with a vehicle that no one wants.
The Vehicle must Have a Current Registration
For the court to accept the car used for bail, you or a loved one must have current registration.
The Car Must Have a Value of more than or Equal to the Bail
The purpose of using a car as bail bond collateral is to guarantee the defendant's return to court for scheduled proceedings. When a defendant skips bail, the court will forfeit the bond. This will result in the company losing its money.
The surety company protects itself from the loss by asking for collateral. When using the car as collateral, the vehicle's value must equal or surpass that of the body. This allows the company to recover the money it loses in a forfeiture.
The Car Must be Locally Owned
The court or surety company will only accept your car as bail if it is locally owned. This means that the vehicle should have a California registration plate. A locally owned vehicle is easier to handle if the bail process ends in a forfeiture.
The Process of Paying Bail With a Car
California law allows you to provide a car title in exchange for a release with a pending case. The process of pressing the car title for bail varies depending on whether you presented it to the court or a surety company:
Posting Bail in Court Using a Vehicle
Many defendants and their families opt to use a car as bail because they do not have enough money to pay cash bail. When you decide to use your car, you can present the vehicle title to the court clerk to process your loved one out of jail.
Before presenting the car title, you must ensure that it meets the value and ownership requirements. This will prevent you from undergoing the tedious property bond process and having the court deny the bond.
When you put up a vehicle for bond, you can only sell it once the case ends and the court exonerates it. For example, in cash bail, you risk losing the vehicle if the defendant does not comply with bail requirements. Under these circumstances, the court can auction the car and recover the money.
Before using your car for another person's bail, you must ensure that they are a flight risk. This helps to protect your assets. When presenting a vehicle deed directly to the court, you must make the necessary trips to court.
Using a Car for Bail Bond Collateral
Another way you can use your car to pay for bail is by presenting it as collateral for a bail bond. Bail bonds are a popular way of securing a release from jail with a pending case. Unlike the cash bail, you are not expected to present the full amount to the court with a bond.
Instead, a surety company will help you with the finances you need for a release. In addition to offering financial help, the surety bonds company will offer the expert guidance you need to navigate the bail process.
In exchange for bail services, the surety company charges you 10% of the original bail as a fee for their services. If a defendant does not show up to court as scheduled, the surety bonds company loses its money in a forfeiture. To prevent this loss, the surety bonds company will mandate that you provide collateral.
You can use a valuable property or item that you own as collateral for a bail bond. When you present a vehicle for this purpose, the bail bondsman will take the car title and hold onto it until the case ends. If the defendant appears in court and the case ends, the court will exonerate the bail. This will result in the company recovering its money. In this case, the bonds service will return your car title.
Benefits of Using Your Car to Pay for Bail
Sitting behind bars with a pending case is not ideal. A defendant can miss out on the support they need during the difficult times. Additionally, an employer may not preserve your job while in jail. The following are some of the benefits of using your vehicle deed for bail:
Cost Effectiveness
California courts set high bail amounts. Often, the judge can use the amount in the bail schedule as the basis for a bail amount. These amounts are then adjusted using the following factors:
- Flight risk. Bail discourages defendants from fleeing after a release with a pending case. If a defendant is likely to skip bail, the court will set a high bail for them.
- Case severity. Many defendants flee after posting bail to avoid the harsh consequences of their conviction. Defendants facing severe charges are at a higher flight risk and may need more bail.
- Criminal history. Defendants with extensive criminal history and multiple prior convictions may need a higher bail amount.
In California, bail can range from a few hundred to thousands of dollars. Many people lack the amount needed to post cash bail. When you have no money to bail your loved one out, they can spend unnecessary time behind bars.
A vehicle is a readily available asset. Therefore, using it to secure the release through bail or a bail bond saves on cost.
Motivation for Compliance
A vehicle is a valuable asset. Most people need that vehicle to go to work and school and run daily errands. Therefore, the thought of losing the vehicle can motivate a defendant to be present in court as scheduled. The ability to recover the car used as bond lay on the defendant's compliance with bail conditions. The bail conditions can include avoiding criminal acts while on bail and appearing for all the scheduled proceedings.
Preserve the Property
The thought of your loved one in jail is devastating. Many people may feel compelled to sell their vehicles and other assets to raise the bail money. Properties sold with urgency may fetch a lower amount than the market value. If you decide to sell your vehicle, you will lose it and may not be able to afford to buy a similar one after recovering the bail money from the court. When you use the car deed for bail, you can record it after the case has ended.
Fast Release from Jail
If you want to secure a loved one's release with a cash bail, you must pay the full amount to the court. Arrests happen at any time. For this reason, most defendants and their families do not have money set aside for bail.
Taking loans or borrowing money for bail could take a while. This delays the release process. Spending time in jail can have a significant negative impact on a defendant's life. This is because they may lose their job. Additionally, the defendant cannot meet with their attorney freely to discuss the case details.
Using your vehicle for bail ensures a fast release. Most people have their vehicle deeds at hand. If you have completed the payments on the vehicle, you can ensure your loved one does not spend a night behind bars.
Avoid Financial Scrutiny
When you post bail for a loved one in cash, the court and prosecution may suspect that you obtained the money illegally. This could be the case, especially in situations when the defendant faces fraud charges. Undergoing financial scrutiny will invade your financial life. Additionally, the financial investigation can delay a defendant's release.
When you present a car as bail, you avoid the scrutiny associated with a cash bail. This keeps your financial life confidential and speeds up the release process.
Setbacks of Paying for Bail With A Car
Paying bail with a car title is a fast and affordable way to ensure a release for your loved one. However, there are setbacks to this process that you must understand to help you make the right decision. They include:
Increased risk of losing the vehicle. If the defendant does not show up in court as scheduled, you can lose your vehicle. A bail bond is a bond where the court allows a company to find a defendant who flees before resulting in bail bond forfeiture. However, if you use a cash or property bond, the court may move forward with forfeiting the bond after a missed court date. When the court forfeits a property bond, they sell the vehicle.
Delayed Release
There are many technicalities involved in paying bail with a vehicle. The court must investigate the vehicle to determine its ownership, market value, and condition. The investigation process could take up much time and cause a defendant to stay in jail longer.
Can The Court Reject A Vehicle That I Used To Pay For Bail?
The court and surety companies mandate that your vehicle meet specific requirements before you can present it for bail or bail bond collateral. If the vehicle you wish to present is not in good condition, the court can deny it. Your vehicle's condition is another factor that may result in its denial of bail.
The court expects to sell the vehicle and recover the money when a defendant skips bail. However, if there is a low demand for the vehicle or its market value does not meet the bond amount, you cannot use it for bail or bond.
Find a Competent Bail Bonds Service Near Me
Securing a fast release from jail is a priority for many defendants. Unfortunately, the finances to pay for a cash bail are not always available. Under these circumstances, you can explore property bonds. You can use a property like a vehicle or real estate.
Posting bail using your vehicle will help you secure a fast release. Additionally, you can keep your assets and avoid liquidation. The surety company will return the vehicle title to you after bail exoneration. Most bail bond companies will only hold your vehicle as a temporary solution for a release.
You can recover the vehicle after you have completed partying your premium installments and the case ends. Whether or not the court or surety company will accept your vehicle for a bail bond will vary from one surety company to another. Your bail process will be easier when you work with a reliable bail bonds agency. At Justice Bail Bonds, we will offer the reliable bail bond services you need in Temecula, CA. Contact us at 714-541-1155 today to discuss your bail needs.
