As long as the offense you are up against is non-capital, you could be an excellent candidate for a pretrial release on bail upon an arrest. Bail is a financial agreement between you, the arrestee, and the court to secure your release from jail while awaiting your case's judgment, which could take several days, weeks, or months.
If you or a loved one is in legal custody for a common offense, you could be curious about the amount of bail you will pay and your options if you cannot pay the amount. At Justice Bail Bonds, we understand your uncertainty and fear and are ready to work with you to make the bail process seamless and return to your usual life within the minimum time possible.
You can rely on our seasoned bail bondmen if you need Camp Pendleton bail bonds services to secure your freedom without delay after an arrest and detention by law enforcement officers.
The Distinction Between Bond and Bail
Bail and bond are interchangeable terms, but they have different meanings in the eyes of the law. As mentioned above, bail is a financial agreement that you, the arrestee, make with the court after an arrest to secure your freedom and await your case's trial at home.
On the other hand, a bond is an agreement or promise that a third party (bail bondsman) makes to the judge to pay your full bail amount when you refuse or fail to return to court on the scheduled dates to fight the alleged violation.
In exchange, you will pay the bondsman a service fee or premium, usually ten percent of the required bail amount. Unlike bail, the premium you must pay the bondsman is non-refundable once the court exonerates your bail after the trial hearing.
The Booking Process and Bail Hearing After an Arrest
Although you can post your bail at the police station upon an arrest, some charges will require a judge's intervention to determine your eligibility for this pretrial release option. However, before your case bail hearing, you must undergo the booking and processing procedure at the sheriff's station or the nearest police station.
During the booking process, the police or booking officer will:
- Record your personal identification details, including name, date of birth, and physical characteristics like skin color and height.
- Check your general health.
- Take your fingerprints and mugshots (passport-sized pictures).
- Take your personal property or belongings, including clothes and jewelry.
- Search your person and belongings for any illegal goods or contraband.
- Check whether you have outstanding arrest warrants.
- Hold you in jail or the detention facility or jail, pending your case's bail hearing.
Your case's bail hearing will occur within twenty (24) hours after the above crucial procedure, unless an arrest and detention occur on the weekend. In that case, the bail hearing will occur within twenty-four (24) hours.
During the bail hearing, the court with jurisdiction over your case will consider several factors when determining your eligibility for a pretrial release on bail or bond. Some of these factors include:
The Bail Schedule
Many jurisdictions have a bail schedule, which is a list containing common crimes and their predetermined bail amounts. For instance, a bail schedule could list $4,000 as the bail price for misdemeanor offenses and $45,000 as the bail price for felony offenses.
With this information in mind, the judge will know the suitable bail price you should pay for your unique charge.
Your Chances of Committing Another Offense Before Your Next Hearing Date
If you have a criminal record, the judge will likely deny your request for a jail release on bond or bail because there are chances that you could commit another crime after obtaining your release. Having a criminal record, especially for violent crimes, could also make you ineligible for bail because the court sees you as a threat to the safety of the community and the public.
The Severity of Your Violation
The severity or seriousness of your offense is a critical consideration when determining your case's bail amount. Severe crimes like armed murder could make you ineligible for bail or require you to pay expensive bail amounts.
Your Community Ties
Your ties with your community, including employment and family, could influence the judge's decision when determining your eligibility for bail. If the judge finds that you have strong ties with your community, he/she could accept your bail request and set a lower bail amount for your case.
Whether You Are a Flight Risk
The judge will likely consider you a flight risk if you are an alien or non-citizen. In that situation, the court could set a higher bail amount for your case and require you to surrender your passport to ensure your availability at future court hearings.
Potential Outcomes to Expect After the Bail Hearing
Generally speaking, you should expect the following three outcomes once the bail hearing comes to an end:
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Own Recognizance Release
If your offense is non-severe and you do not have a criminal record, the court could allow you to secure freedom on your own recognizance, meaning you will not pay the bail price. An own recognizance release is an agreement or promise between you and the court that you will make all your future court appearances once you secure a pretrial release.
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Acceptance of Your Bail Request
If everything works to your advantage during the bail hearing, the court could accept your bail request and set the amount you should pay for your case. Once you pay the set bail price, the court will allow you to go home on bail or bond.
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Denial of Your Bail Request
There is no guarantee that the court will accept your bail request, even if your offense is non-capital. After consideration of the above factors, the court could decide to hold you in jail until your case's trial date.
Having a reliable defense attorney in your corner can mean the difference between acceptance of your bail request and denial. Hence, it is vital to retain the services of an attorney soon after your arrest to represent you during the bail hearing for the best possible outcome.
Conditions For Your Pretrial Release on Bail
If you are an excellent candidate for a pretrial release on bail, the court will design bail conditions for your unique case. The court will design strict conditions for your pretrial release on bail to protect the community and ensure your availability during future court hearings to challenge the allegations you are up against.
Some of the conditions and terms the court could require you to adhere to during this period include:
- Remain within a certain jurisdiction.
- Surrender your passport if you are an alien.
- Consent to regular and impromptu meet-ups with a court-appointed probation officer.
- Stay crime-free.
- Avoid associating with specific individuals.
- Make all the required court appearances on time to challenge the alleged charge.
While these are common bail conditions the court could require you to comply with, there could be more depending on the facts of your unique case. If you are unsure of what to do and not do during your probation period, you should seek clarification from your attorney because it is an offense to breach any condition of your release on bond or bail.
When you violate or breach any court-set condition for your pretrial release, the court could authorize police to arrest you and hold you in custody without bail until your case's judgment. However, with the help of your attorney, the court could allow you to remain out on bail if he/she proves that the breach was unintended.
Bail Amounts for Various Common Felony and Misdemeanor Offenses
The bail price you will pay after an arrest will vary, depending on whether your case is a felony or misdemeanor and other factors mentioned above. Generally speaking, felony offenses will attract more penalties and higher bail amounts than misdemeanor offenses. Briefly explained below are various common felony and misdemeanor offenses and their potential bail amounts:
Restraining Order Violation
According to Penal Code (PC) 273.6, violating a restraining or stay-away order is a misdemeanor offense. When the court finds you guilty of this offense, you could face a jail term of up to one (1) year and a fine not exceeding $1,000.
Since the judge considers this issue a contempt of the court, violating a restraining order could attract steep bail amounts. After an arrest for an alleged PC 273.6 violation, the judge could set your bail price between $15,000 and $150,000.
Unfortunately, on short notice, most defendants cannot afford this amount to bail themselves out of police custody. That is why you cannot undermine the need for Camp Pendleton bail bond services to secure your freedom without bothering your friends and family to help you pay your bail price.
Murder
In many murder cases, defendants are ineligible for release on bail because it is a capital crime. However, if it is a second-degree murder case, the court could set your bail at around $250,000. If the prosecutor files your case as an accessory to first-degree murder, your bail price will double to up to $500,000.
Domestic Violence
The bail amount for domestic violence cases depends on the severity of your case. For instance, the bail price for a misdemeanor domestic battery could be $20,000 or lower for a non-severe offense. However, you could pay up to $100,000 in bail for a more serious domestic violence offense, like spousal rape.
Driving Under the Influence (DUI)
You commit the offense of DUI when you drive or operate an automobile under the influence of unlawful drugs or alcohol. Since it is a “priorable” offense, the penalties you will face after a conviction will depend on the number of DUI convictions you have on your record. Although it is still a misdemeanor, a third-time DUI offense carries harsher penalties than a first-time DUI offense.
To secure your freedom pending your DUI case’s trial date, the court set your bail price at $15,000 or lower.
Possession of Drug Paraphernalia
According to Health and Safety Code (HS) 11364(a), it is a crime to have any drug paraphernalia or device in your possession. For the sake of this law, drug paraphernalia is any equipment or device that you can use to smoke, inject, or otherwise consume illegal drugs. Here are common examples of drug paraphernalia:
- Tinfoil.
- Needle.
- Razor blades.
- Cocaine spoons.
- Methamphetamine pipes.
Although it is a misdemeanor offense, to secure your freedom upon arrest for an alleged HS 11364(a) violation, the court could require you to pay a bail price of up to $250.
Theft and Burglary
The court could set the bail price for a petty theft offense at around $1,000. However, the court could require you to pay a bail price of up to $5,000 for a more severe theft offense, like burglary.
Assault
Another common offense with stiff bail amounts is assault. The bail price you will pay for assault could depend on the following factors:
- Whether your case has aggravating issues, like the use of a weapon.
- Whether your offense is a felony or misdemeanor.
For a misdemeanor assault offense, the court could require you to pay a bail price of up to $20,000. However, you could have to pay a bail price of up to $25,000 if the alleged assault offense involves the use of a firearm. If the victim sustained injuries, the prosecutor could file your offense as a felony, carrying up to $100,000 in bail.
Carjacking
You commit the offense of carjacking when you take a vehicle from another person using a threat or force. Since it is a felony offense, the penalties you face upon conviction are life-changing, including a jail term of up to nine (9) years and a fine of not less than $10,000.
The bail price for a carjacking offense under PC 215 could range anywhere from $25,000 to $100,000. When charged with a felony offense like carjacking, most defendants opt to work with a bail bondsman to help them obtain their freedom before their charge’s final outcome.
A reliable bondsman can help you secure Camp Pendleton bail bonds services within the shortest time possible upon an arrest.
Limits on Bail
The Eighth Amendment to the U.S. Constitution protects you from excessive bail amounts. That means the judge can use the bail option to raise funds for the government or use it as a punishment for your violation.
The primary purpose of bail in the legal justice system is to give you, the arrestee, a chance to remain free before your case’s judgment and ensure your availability in court. If your attorney believes your bail is excessive, he/she can help you request a reduced bail price.
You could be eligible for a lower bail if your attorney presents convincing mitigating arguments. For instance, you could qualify for a reduced bail amount if your attorney can show that:
- You will not pose a threat to the community once you obtain your freedom.
- You do not have a criminal background or history of jumping bail.
- You have strong ties or connections with your community.
Why You Need an Attorney When Seeking Camp Pendleton Bail Bonds Services
You cannot undermine an attorney's role when seeking bail bond services following an arrest as a suspect for any offense. Aside from being your legal counsel, your attorney will be your legal representative during the bail hearing to increase your chances of qualifying for a release on bail or bond.
Hence, it would be a brilliant idea to obtain the services of an attorney soon after your arrest, regardless of the severity of your offense. If bail is unaffordable or you are unwilling to use the available money to settle your bail, most attorneys will recommend working with bail bondsmen to secure your freedom.
An experienced attorney can also help you find a reliable bail bondsman for speedy Camp Pendleton bail bonds services.
Benefits of Bailing Yourself Out of Jail
Aside from being your legal right, bailing yourself or a friend out of jail upon an arrest has several benefits, including:
- You will have a chance to return to school or work and enjoy wonderful moments with your family.
- You will have a better opportunity and adequate time to work with your attorney and interview eyewitnesses to prepare appropriate defenses to challenge the allegations you are up against.
- It helps you protect your innocence before the judgment of the charge you are up against.
Camp Pendleton Jails and Courthouse Addresses
You will need the following information to help you locate jails and courts near Camp Pendleton when a loved one is in trouble with the law for an alleged offense:
Jail Location
Marine Corps Brig
Security BN, Brig Company Box 555051
Courthouse Location
San Diego Superior Court
Find a Camp Pendleton Bail Bonds Services Near Me
At Justice Bail Bonds, we are open 24/7 to give you reliable Camp Pendleton bail bonds services whenever you are in trouble with the law. Call us at 714-541-1155 to book an appointment with our credible bondmen today.
