When someone accuses you of committing domestic abuse, the police may arrest you even if there is no physical injury to the victim or defendant. Domestic violence cases are everyday happenings in San Bernardino County. Therefore, law enforcement officers and prosecutors treat any domestic dispute case with seriousness whenever they investigate someone.
Also, domestic violence cases in California require a very high bail amount, which sometimes can be challenging to pay out of pocket for a release from jail to prepare your legal defense strategies with your attorney. At Justice Bail Bonds, we help you post bail as soon as possible to start collecting evidence surrounding the alleged domestic violence offense from eyewitnesses while their memories are still fresh.
Don't hesitate to contact our bilingual female bail bonds agents any time of the day, wherever you are in San Bernardino, to immediately begin the bail bond process because you are not guilty of the alleged charge yet.
An Overview of California Domestic Abuse/Violence Bail Bonds and When it's Appropriate
When police arrest you for an alleged domestic violence offense, you should consider posting bail before your trial to buy enough time to prepare evidence to fight or reduce the charge. Under California domestic violence law, it is unlawful to willfully use force or inflict an injury to another family member.
Nowadays, the definition of who can be a domestic abuse victim is not only a husband-and-wife affair. The law recognizes the following people as also possible victims of domestic abuse or violence:
- Former or current spouse
- Former or current cohabitant
- Grandparents
- Children
- Brother and sisters
Because of the complexity and vagueness of domestic violence terminology under the law, attorneys usually experience challenges adjusting to these changing laws. Therefore, you should do all you can to fight for your pretrial release to continue with your daily life and prepare adequate legal defense evidence ahead of time.
One way of seeking a pretrial release following a domestic violence arrest is by posting bail. Bail is not a pretrial fine or punishment following an arrest for domestic abuse. Bail is typically an amount of money that the court requires you to pay as an assurance that you will attend your case's trial.
Current bail laws emphasize the use of non-monetary means of assurance that you will attend your court scheduled proceedings to avoid discriminating against poor people. That means you could also leave your property that is equitable to the needed bail amount to act as collateral or assurance that you'll attend your court-scheduled proceedings for your charge.
You will need a San Bernardino bail bonds company that understands the type of charges you face to help you post bail for your pretrial release from jail.
Events Before a Domestic Abuse Bail Hearing
Before your bail hearing that determines whether you are eligible for this form of pretrial release, there following events or processes must be complete:
Arrest Process
The justice process for an alleged domestic violence case begins when law enforcement officers arrest and confine you in jail to restrict your movement. A domestic violence arrest can start when a law enforcement officer personally observes you abusing your family member.
Other times an arrest can begin when law enforcement officers find probable cause to arrest you following accusations of abusive acts. For instance, investigating police officers may arrest you if they find the victim of the domestic violence bleeding from fresh cuts.
Booking Process
After a domestic violence arrest, the arresting officers will take you through the booking process. The booking process generally involves the steps below:
- Recording your vital information, for example, the nature of the accused domestic violence offense and your contact numbers
- Taking mugshots, which includes a series of photos to capture your height and general body appearance
- Confiscating your personal properties and clothing, including your belt, watch, and necklaces
- Fingerprinting
- Full body search
- Check for warrants
- Health check
After the above procedures, the police will put you in custody with other inmates until your arraignment, where the judge reads the charges against you formally. After that, the judge will allow you to organize a pretrial release before your case’s final verdict.
In some domestic violence cases, the judge may order your release based on his/her "own recognizance." That means you have to promise in writing that you won’t miss any of your court-scheduled procedures for your accused domestic violence offense.
How San Bernardino Courts Determine Domestic Violence Offenses Bail Amount
During a bail hearing to determine the amount you must pay as bail bond for your specific domestic violence charge allegations, the jury will consider the factors below:
Your Character and History
The judge will go over your general history and character during the bail hearing legal process to establish whether you are the right candidate for a bail bond or not by considering the following aspects:
- Your family bonds or ties
- Your criminal record
- Your residency length in the area
- Your physical and mental condition
- Your previous history relating to drug substance use
- Your financial resources
- Your last record on appearances at court-scheduled legal procedures
Your Level of Risk to the Community
If the nature of your domestic violence cases convinces the judge that you pose a risk to the defendant and the community at large, he/she may decide to keep you in police custody without bail.
However, if the judge finds a reason to release you from custody before your trial, whether through his/her "own recognizance" or by posting bail, the following conditions may apply:
- Undergo alcohol and drug testing
- Comply with a curfew
- Refrain from the excessive use of narcotics and alcohol
- Enroll in an education and counseling program
- Undergo psychological treatment
- Comply with regular check-ins with the relevant authorities
Once the court determines your bailable amount, considering the above factors, you should post it to the same court as soon as you can. Generally, the court allows you to pay this bail in cash or any other approved cash substitute like a cashier's check.
Once you post your required bail, the court will grant an order for your release and give you a document to sign that you will abide by the bail conditions, which also comes with a restraining order. A reliable San Bernardino bail bonds agent can help you post your required bail if you currently don't have money or any equivalent property to act as collateral for your pretrial release.
In exchange, they will charge you a fee of ten to twenty percent of the total required bail amount for your specific domestic violence case. Additionally, the bail bond company that will bail you out will be responsible under the law for your future court appearances until your case’s final verdict.
Consequences of Failing to Abide by Your Domestic Violence Case Bail Bond Conditions
Once you post your bail, you must abide by your bail bond conditions for appearing in court until your case's final verdict. Domestic violence bail bonds differ slightly from other offenses' bail bonds because the judge also imposes a protection order/restraining order as part of the bail bond condition. A restraining order can affect many things in your day-to-day life, making the whole situation even more stressful.
To ensure your appearance in court, the San Bernardino bail bonds company you choose might want you to check-in by phone or in-person periodically. If they realize you are likely to violate your bail bond conditions, they may decide not to post your bail bond.
When you violate the bail bonds condition for your domestic violence offense, the court can issue an arrest warrant, and you might have to pay another bail for your release. The judge will also issue a bench warrant allowing forfeiture of your initial bail.
When that happens, the bail bond company might hire a professional bounty hunter to find and detain you in exchange for a particular percentage of the bail that the court forfeits. Ensure you abide by your domestic violence case bail bond's condition to avoid a re-arrest, which will waste your time that you could use to gather evidence to fight the underlying charge.
Domestic Violence Charges in San Bernardino County Requiring a Bail
A domestic violence case in San Bernardino is not a light offense because every time law enforcement officers receive a call of a potential domestic violence case, most likely, someone might go to jail. Depending on your unique case circumstances, the prosecutor handling your case has the right to file it as a misdemeanor or a felony.
A misdemeanor domestic violence charge can lead to a maximum of one year of county jail term and a maximum fine of $2,000. On the other hand, a felony domestic violence charge carries a confinement period of up to four years in the state prison and a very hefty fine. Additionally, judges usually set a high bail of up to $50,000 for felony domestic violence cases.
The penalty the charge will impose for your specific domestic violence charge will depend on your case’s unique circumstances. For instance, if there is evidence of bodily injury to the defendant (victim), like bruises on his/her face, the judge may charge you with corporal injury on spouse in violation of California Penal Code 273.5.
The judge may also impose a sentence enhancement of not less than five years on top of your underlying domestic violence case sentence if there is severe bodily injury to the defendant.
Generally, violation of domestic violence laws could affect your freedom and reputation. When the prosecutor lacks enough evidence to convict you for violating any California domestic violence law, he/she may charge you for violation of other related laws such as:
- Violation of gun control laws if you had a firearm
- Violation of the Violence Against Women Act
That means an arrest for a domestic violence act could also lead to other unforeseen charges like those listed above. Preparing your legal defense strategies for a domestic violence charge or any other related offense behind bars is challenging and stressful. That is why you must talk with a reliable San Bernardino bail bonds agent to organize your pretrial release by posting bail.
Key Things to Ask Yourself Before Making Any Significant Commitment With a San Bernardino Bail Bonds Company
Deciding on a bail bonds agent to contact for your release in police custody following a domestic abuse case arrest is not an easy decision because there are many options out there. Before you settle for the services of any bail bonds company in San Bernardino County, you should ask yourself the following questions:
- Are they female-owned and operated?
- Do they have over 20 years' experience?
- Do they have the lowest prices, easy payment plans, and confidential bail bonds agents?
- Do they Se Habla Español?
- Do they bail online or over the phone?
At Justice Bail Bonds, we pride ourselves on having all of the above qualities that define a reliable domestic violence bail company, and we are here to assist you to post bail for your pretrial release.
After an arrest, your freedom depends much on the bail bonds company you choose to bail you out before the case trial. Other factors you could consider when finding a reliable domestic violence bail bonds company in San Bernardino include:
- The bail bonds company’s customer services — Look for a bail bonds company with courteous and compassionate bail bonds agents.
- Your prospective bail bonds agents’ reputation — The company's client comments on their website can give you an idea of what to expect from their services.
- Location of your prospective bail bonds agent because not all bail bonds agents that you find online have a physical office near the jail you are in custody
San Bernardino Jail & Court Information
Central Detention Center
630 E Rialto Ave
San Bernardino, CA 92415
San Bernardino Justice Center
247 W 3rd St
San Bernardino, CA 92415
Mon-Fri: 8AM-4PM
Find a San Bernardino Bail Bonds Agent Near Me
If you are looking for local bail agents in San Bernardino cities standing by, we invite you to talk to our profound female and bilingual bail bonds agents at Justice Bail Bonds. Call us now at 951-445-4155 if you are in police custody following a domestic violence case. Once you contact us, we will post the required bail on your behalf to go home and continue with your responsibilities.
