Being under arrest does not automatically mean you are guilty of the allegations you are up against. Sometimes, you could be a victim of false claims or mistaken identity, meaning the arrest is illegal. If you are in this situation, you are probably stressed and confused about the possible outcomes of the alleged charge, which is natural, but you have several options.
For non-serious offenses, the arresting police officer will release you without bail or provide you with a predetermined bail amount you must pay to be granted a pretrial release. Since an arrest is unexpected, posting the required bail amount could be challenging, especially if you do not have emergency funds.
However, you do not have to worry if you have a bail bondsman in your corner. The professional services of a reliable bail bondsman come in handy to secure your temporary freedom at a fraction of the cost.
A Bail Bond at a Glance
A bail bond is a contract between the court and a bail bondsman to allow a defendant to secure his/her release following an arrest. In exchange, the bail bondsman must ensure the defendant's availability on all future court dates. When he/she fails to return to court to challenge the allegations he/she is up against, the judge will require the bondsman to pay the defendant's full bail amount.
A bail bondsman is typically like a loan agent for bail upon an arrest because they help you pay the otherwise unaffordable bail for a certain affordable fee. According to the Department of Insurance, which regulates most bail bond companies, a licensed bail bondsman should charge an arrestee not more than 10% of his/her bail amount as a premium.
That means if your predetermined or court-set bail amount is $5,000, you will pay the bail bondsman a bail of not more than $500. However, not all bail bondsmen offer similar premium rates for bail bonds, and some could even add additional costs. Before you settle for any bail bondsman services, you should check their background history and ensure he/she has no hidden fees.
If your prospective bail bondsman service fee is less than the standard amount permitted by the Department of Insurance, you should think twice before signing any agreement with him/her. Cheap bail bond services are mostly a strategy for unlicensed and unreliable bail bondsmen looking to take advantage of your desperate situation as an arrestee to earn income.
Also, if your prospective bail bondsman insists you pay him/her fees upfront, you should take that as a sign of unreliability. Unlike cash bail, which you must pay upfront to secure your pretrial release, paying your bail bondsman’s premium does not have to be upfront.
Factors That Will Affect the Amount of Bail You Will Need to Post to Receive Your Freedom
If there is no set bail amount for your criminal offense, you will have to wait until your initial court appearance to find out how much you must pay. Here are some of the factors that could influence your bail amount during this hearing:
Your Criminal Background
If you have a lengthy criminal record, your bail amount will be steeper than that of a first-time offender because it shows you are unwilling to learn from your past mistakes. Also, a criminal record shows you are more likely to violate the terms of your pretrial release.
The Chances of Fleeing After Your Release
If there is a chance that you could flee to your home country or another state to avoid prosecution, the judge will set a high bail amount for your case to discourage you from fleeing.
Whether You Have Caring Responsibilities
The court will also consider whether you have caring responsibilities. For instance, if you are a parent or are married, you will likely stick around for them once you are out of legal custody on bail. In that case, the court will likely offer you the minimum bail amount because those responsibilities show you are reliable.
Your Standing in the Community
If you have significant community ties, the bail bondsman will likely offer you a lower bail than someone without connections.
The Public Safety
Public safety is one of the primary considerations when determining whether or not to grant you a release on bail and the total amount you must pay to receive your freedom. The alleged offense could help the judge decide whether or not you are a public threat. If you are a public safety threat, the court will require you to pay a higher bail amount than it would for someone who is not a public threat.
Your Attorney Mitigating Arguments
Your defense attorney's mitigating evidence and arguments during the bail hearing can mean the difference between receiving the maximum and the minimum bail amount for your offense. The attorney you hire can help you craft well-thought-out mitigating arguments to convince the judge you deserve the minimum bail amount possible for your unique case.
What the Bail Bondsman Will Consider Before Posting Your Bail Bond
While bail bonds offer you an excellent and hassle-free way of securing your freedom after an arrest, not every defendant is an excellent candidate for securing a release from jail on bond. Because the bail bondsman will put their money at stake for your or your friend’s freedom, he/she must evaluate your case and consider several factors before writing your bail bond. Some of the factors the bondsman will consider include:
The Nature and Seriousness of the Alleged Offense
Certain serious offenses could make you a flight risk and more likely to evade prosecution, especially when you are a non-citizen. If the criminal allegations you are up against are serious, the court will set a high bail amount for your case, meaning your bail bond premium will also be high.
Your Criminal Background
Having a criminal background could make the bail bondsman doubt your reliability and trustworthiness once you are out of jail on bond. To that end, a person without a criminal record is more likely to qualify for a release on bond than someone with a criminal background.
Your Employment Status
A businessperson or any individual with an active employment status is more likely to qualify for a pretrial release on bond because it shows he/she is more likely to continue with his/her job after securing his/her freedom.
Your Financial Situation and Credit Rating
Whether you will qualify for a release on bond will depend on whether you can afford the required premium. If you do not have the financial means to post bail or have a negative credit rating, you could be ineligible for a release on bond.
Your Residency Status
The bail bondsman will consider whether you are a citizen or non-citizen before offering bail bond services. Non-citizens are more likely to escape or flee the county after securing a release on bond, meaning the bondsman will be risking his/her money with you. In that situation, you could be ineligible to secure your pretrial release on bond.
Your Collateral or Assets
You are more likely to qualify for a release on bond when you are willing to surrender collateral as a security for your temporary freedom. A collateral must be a valuable item or asset, such as:
- Title deed
- Car
- Jewelry
- Real estate
- Boat
- Houses
- Electronics
When you fail to show up at your court hearings, the bail bondsman will keep the collateral and resell it to recover his/her money. Hence, adhering to the terms of your pretrial release on bond is vital to prevent the loss of your valuable property.
Your Relationship With the Indemnitor
An indemnitor is the person you contact to help cosign your bail bond for release from the detention facility upon an arrest. The indemnitor will be responsible for paying the bail bondsman premium. Hence, a bail bondsman must ensure your indemnitor is reliable and trustworthy.
The bail bondsman is more likely to offer you bail bond services if the indemnitor you choose to cosign your bail bond is your friend, colleague, family member, or someone else you can trust. When purchasing a bail bond, your indemnitor must sign the following documents:
- A bail bond application form
- A bail indemnitor contract
- A receipt
After signing these documents, the bail bondsman will post the bail bond at the police station or the court clerk to secure freedom without delay.
Options the Bail Bondsman Could Offer You to Settle Your Bail Bond Fee
Depending on the facts of your unique case, your bail bondsman could offer you flexible payment plans or discounted rates to settle your premium as described below:
Flexible Payment Plans
Most bail bondsmen will require you to pay the premium before you receive your freedom. Once you pay, the bail bondsman will post your bail bond immediately to regain your freedom.
However, some bail bondsmen could allow you to settle your premium in installments through a payment plan if you have a positive credit history or are a homeowner. That means you can secure your freedom on bond before fully settling the bail bondsman’s premium. To make the payment of the premium hassle-free, the bail bondsman could also offer you flexible payment options such as:
- PayPal
- Mastercard
- Western Union
- Bankers check
- Discover
- American Express
Discounted Rates
Your bail bondsman could offer you discounted rates if you are a senior, a union member, or an active military member. Generally, the Department of Insurance allows the bail bondsman to charge these defendants 8% of their bail amount as a premium.
How to Secure a Reduced Bail Amount
Your bail amount could mean the difference between securing your freedom and staying behind bars as your case continues. While bail is not a punishment for your offense, sometimes the court could set an extremely high and unaffordable bail amount. If your attorney believes your bail amount is too high, he/she can help you request the court to lessen it to make it hassle-free for you to secure your release.
To secure a reduced bail amount, your attorney must convince the court of the fairness and necessity of the reduction. The judge will not grant your bail reduction request just because you are financially unable to pay the required amount.
However, the court could consider your inability to post the amount as one of the factors when determining whether to reduce your bail or not. Other factors the court could consider include the following:
- Whether you have community ties
- Whether you have a history of skipping bail
- The steps you have taken to meet the current bail
- Whether your family members rely on you for household services or financial support
- Whether your acquaintances and family members can help you post the bail
- Your financial situation
- Whether lessening your bail amount will still ensure your availability in future court proceedings
If the court lowers your bail, the fee you will pay your bail bondsman for quick bail bond services will also lessen, allowing you to secure your freedom without delay. Consulting an attorney is the key if you want to request a reduced bail amount. Your attorney can help you gather evidence to support the bond reduction motion or application, including your employment records.
Is it Possible to Secure a Cost-Free Temporary Release From Jail Upon an Arrest?
If you cannot afford cash bail and working with a bail bondsman is not an option because of your financial situation, your attorney can help you secure an own recognizance (O.R.) release. An O.R. release allows you to secure your freedom cost-free without posting bail, but you must sign an agreement to appear in court at the scheduled dates to challenge the allegations you are up against.
Generally speaking, you are more likely to qualify for an O.R. release from jail if the following facts are true:
- You are not a flight risk
- You do not have a record of skipping bail
- The alleged charge is not violent or serious
- You do not have a criminal background
During your bail hearing, an aggressive attorney can help prepare and raise mitigating arguments to convince the court you are an ideal candidate for an O.R. release. An O.R. release enables you to avoid the need to post cash bail, surrender your property, or pay the bail bondsman premium to secure your freedom following an arrest.
Factors to Consider When Finding a Cost-Friendly and Dependable Bail Bondsman
When you are under arrest for any offense, securing the services of a bail bondsman is a wise idea if your bail amount is unaffordable. However, not all bail bondsmen are reliable, and choosing a dependable and trustworthy bail bondsman is essential. Below are a few tips that can assist you in finding a reliable and cost-friendly bail bondsman after an arrest:
Check Whether Your Prospective Bail Bondsman is Licensed
A licensed bail bondsman is more likely to charge you the standard fee authorized by the Department of Insurance. That is 10 percent of your total court-set or predetermined bail amount. Any bail bondsman who charges you anything less or more than this is likely unlicensed.
Check the Bail Bondsman’s Reviews
You can utilize the internet to research your prospective bail bondsman's reviews and reputation. Check your prospective bail bondsman's website and social media profiles to know what his/her past clients think about the quality of his/her services. Pay attention to comments or reviews about the bail bondsman's cost of services.
Ask for Recommendations
If you have a colleague or friend who used the services of a bail bondsman in the past, you can ask him/her to recommend a cost-friendly bail bondsman. Referrals could help reduce your options to find a cost-friendly bail bondsman without a hassle.
Consider the Bail Bondsman’s Experience
A bail bondsman with prior experience bailing out a defendant with similar charges is better equipped and positioned to help you navigate the legal procedures in securing a bond release.
Consider the Bail Bondsman’s Premium Payment Plans
During your first consultation with your prospective bail bondsman, you should discuss the available payment plans upfront. A reliable bail bondsman will work with you to find an ideal solution for your unique financial situation.
Consider the Bail Bondsman Fees
A reliable bail bondsman will be straightforward about his/her fees. Before signing any agreement with your bail bondsman, you should understand the cost of their services and ensure he/she has no hidden costs.
Find a Bail Bondsman Near Me
Aside from being emotionally draining, securing your freedom after an arrest could be a financial burden to many. That is particularly true if the alleged offense is violent or grave, meaning the court will require a high bail amount to secure your temporary freedom.
However, you do not have to go through these trying and stressful times alone. Our reliable bail bondsmen at Justice Bail Bonds can offer you cost-friendly bail bonds to secure your temporary freedom soon after an arrest.
We are standing by 24/7 to ensure you are out of legal custody as quickly as possible following an arrest. Call us at 714-541-1155 to schedule your first consultation, wherever you are in Temecula.
