Arrests are often scary and devastating because they come unexpectedly. Remaining in jail pending case determination is even more disturbing. The court can release you on your recognizance or allow you to post bail and retain your freedom pending trial. You must deposit money with the court as bail when you are unlucky enough to obtain a recognizance release. By posting bail, you promise the court that you will not miss any of your scheduled hearings.
Unfortunately, few defendants can pool the funds that must be deposited with the San Ysidro court to be granted a pretrial release. The amount is usually too expensive for you to afford. Nonetheless, Justice Bail Bonds can give you the financial support you desire to leave jail through our bail bond services.
Bail Definition
Bail is any money you deposit with the courthouse to be released from custody while your criminal case is adjudicated. After arrest, you can post bail to exit prison or save money and stay behind bars pending trial. Staying in jail can seem like the right idea, considering you are saving money. However, incarceration causes you to miss numerous business opportunities, have traumatic experiences, or spend a long time away from your loved ones.
Additionally, if you are in jail, it is unlikely that you can afford a private attorney or even have the time to discuss the case or look for new evidence, so you will not be able to prepare for trial adequately.
On the other hand, when you obtain a pretrial release, you will have time to earn money to hire an experienced private attorney. Additionally, you will have the time to sit down and discuss all the details of the case and gather new evidence, sealing all the loopholes the prosecutor could have exploited to convict you.
When you leave jail before trial, the judge will impose conditions you must obey. The court can issue protective orders if you are charged with domestic violence (DV). Here, the court prohibits you from contacting the victim of your violence in any way. Also, in DV cases, the judge will impose mandatory counseling sessions.
Again, the court can impose travel restrictions and order you to deposit all your travel funds with them. The requirement ensures that you do not skip town when scheduled to appear in court.
If your arrest is for DUI, the courthouse will impose a condition prohibiting you from operating a vehicle while drunk. The court can order mandatory drug counseling or random drug testing as conditions for the pretrial release of someone arrested for drugged driving or a drug offense.
If you are deemed a threat to public security, the judge will order you to be placed on house arrest and put on an electronic monitoring device. For arrests relating to firearms, the court can instruct you to surrender your weapon to them for the duration of your probationary release.
When you disregard any of the conditions imposed by the court, your bail will be revoked, and you will be sent back to jail.
Action to Take When You Wish to Leave California
You can be required to leave town while hearings are scheduled if you require medical care from a facility outside of town or if a loved one becomes ill or passes away unexpectedly. If you need medical attention from a facility outside town or a loved one suddenly falls sick or dies, you can be forced to leave town pending scheduled hearings.
Going out of town before a scheduled court appearance can lead to the cancellation of bail, the loss of funds deposited with the court, and criminal consequences. Therefore, you must know how to seek permission to travel outside California when the court has imposed travel restrictions on your probationary release.
Obtain Consent to Travel from the Court
You must obtain the judge's approval before departing the state if one of the probation release conditions calls for you to stay in California for the duration of the case. Failure to receive consent to travel will prompt the court to issue an arrest warrant, and you could end up in jail again, this time until the charges against you are determined.
On top of the arrest, you will lose the funds deposited with the court as bail. Your cosigner and San Ysidro bail bonds will be in trouble because their money or asset is at stake.
You should be aware that even if you ask for permission to leave the state or country, the judge can still deny your request if they still believe you to be a flight risk. Furthermore, even if there is no chance that you will flee the country, you will not be allowed to travel if your justifications for wanting to do so are weak or unconvincing. If you seek permission to go for a wedding ceremony or holiday outside California or the U.S. when you have an ongoing trial, you will not receive permission to leave.
Talk to Your Cosigner and the San Ysidro Bail Bond Service Provider
Whenever you plan to leave town, you should always talk to your San Ysidro bondsman for their opinion, even if you have no travel restrictions from the court. A knowledgeable bondsman understands that your existence does not end with a probationary release and will guide you properly to prevent a violation of your release terms.
Similarly, you should inform your cosigner of your plans to leave the state. A cosigner is a person that vouches for your pretrial release in court, and in most cases, they are the people that contact San Ysidro bail bonds on your behalf. They convince the court that you are available and willing to face trial and even promise to pay the entire bond amount when you jump bail.
A promise alone is not enough for a bondsman. The cosigner must put up collateral to secure the bond. That way, even when you jump bail and the bondsman forfeits the funds deposited in court. They will seize the property deed deposited as collateral and sell it to recover the amount lost. Therefore, your cosigner has a lot to lose when you travel out of state and fail to return because they will lose their property.
Furthermore, you must be aware that the cosigner has the right to revoke their co-signature if they suspect you intend to break the terms of the probation release. You will have to look for someone else to guarantee adherence to court conditions after pretrial release. Informing your cosigner of the intentions to leave town is crucial to ensure they know your whereabouts and do not worry about losing their assets.
Consequences of Skipping San Ysidro Bail Bonds
Do not assume that because you have been released from jail after posting bail, you have no case to answer. You must be present for all scheduled hearings and trials. The judge will impose the penalties provided by law if you obtain a guilty verdict. Nonetheless, you will be released when you are found innocent, and the bond funds deposited with the courthouse will be returned to your San Ysidro bail bond company.
You must be present for all arranged court dates without excuse. In the arraignment proceeding, the court reads out your charges and the dates for scheduled hearings. It would help if you appeared for these proceedings. Otherwise, you risk forfeiting bail if you pay cash. Your San Ysidro bondsman will also forfeit their bond money. Fortunately, they can sell the collateral your cosigner put up so they can recoup the money they lost.
If you have no collateral, the bondsman will hire a bounty hunter to come after you. These individuals are paid a proportion of the bond money once you are arrested.
On its side, the courthouse will issue a bench warrant, which law enforcement officers will use for your apprehension. Officers all over the state will be informed of the warrant via computers. In addition, you will obtain a copy, so you will know about the impending arrest. Once you are notified that you will be arrested, you can choose whether to appear in court or wait until the police bring you in. The likelihood of another release pending trial is decreased if you wait until you are arrested.
After receiving a bench warrant, speak with your criminal defense attorney to learn what to do next. Your attorney will reach out to the San Diego Superior Court clerk and inform them of your intention to appear. When you present yourself in court within half a year of the said forfeiture, the forfeiture order on the bail bonds will be vacated, and your San Ysidro bail bond service will be exonerated.
The judge then arranges another court date where you will have an opportunity to explain your reasons for skipping court. If the excuses are valid, the bench warrant will be recalled. Some of the excuses you can give for jumping bail are as follows:
- The court mailed the notification for scheduled court dates to the wrong email address and therefore was not aware of the dates.
- You had a medical emergency.
- You were in police custody in a different jurisdiction.
- You had no means of going to court and failed to inform the judge of your inability to appear.
Claiming that you had other issues to attend to or skipped court because you believed you were not guilty of the charges will not be accepted as an excuse for missing court.
Jumping bail can have serious consequences. On top of forfeiting bail and risking being arrested, a bench warrant will result in a criminal history that could adversely affect you when looking for a job or wanting to leave the country.
Mistakes to Refrain from When Posting San Ysidro Bail Bonds
The stress and devastation of arrests can prompt you to find the most accessible ticket out of jail. Paying San Ysidro bail bonds is the easiest way to exit police custody after an arrest, primarily when the amount is costly. Unfortunately, you can jeopardize your probationary release by making the following mistakes:
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Giving False Information on Your Bail Bonds Application
Your San Ysidro bail bonds company will need you to furnish them with your personal info before they can pay the bond on your behalf. Please share your contact information, phone number, and physical address. The data is critical if they need to track or update you on developments in your case. Share accurate info to prevent bond revocation by the bondsman or court.
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Taking too Long to Obtain Bail
If an arrest occurs at night, you can easily assume that you must wait until morning to post bail or reach out to a bondsman. Today, many bonding services operate around the clock. Therefore, after you have called your defense attorney, your next call should be to a bondsman to arrange your bailout. Every second spent in jail is detrimental to your case.
Processing bail is time-consuming because you must find a San Ysidro bondsman and cosigner and work with the San Diego Superior Court. You can make the process easier by speaking with a bondsman who can assist you in regaining your freedom regardless of the time.
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Relying on an Unqualified Cosigner
When your bail is expensive, and you cannot afford collateral to cover it, you must find a qualified cosigner to meet the financial obligation. With the right cosigner, your bond will be approved early, and you will exit jail faster. A qualified cosigner has enough money or assets to guarantee the funds the bondsman is depositing in court on your behalf. Additionally, the right cosigner must furnish the bondsman with proof of employment, residence, and a valid identification card.
Also, a qualified cosigner must understand their obligations and cosigning terms.
Bail Amounts Determination
Your bail is set when you are first presented in court following apprehension and booking. The amounts will vary from one accused to another, but they often depend on the following aspects:
Bail Schedules
The San Diego bail schedule lists all offenses and their specific bail funds. The plans are arranged based on the offense's severity, with felonies carrying heftier bail than misdemeanors. When determining the amount of money, you should deposit for a bailout; the judge considers the provisions of the schedule. Therefore, the bail schedule is one crucial factor determining the money you will be paying as bail.
Family Strength and Community Relations
The court presumes that when you have a family or are a member of a community group, you are less likely to flee the state to escape justice. Because you have commitments you cannot afford to leave behind by running, the court considers you a low-risk defendant and will set a low bail. Besides, when you have a permanent or stable job, you cannot afford to skip town for fear of losing it. Therefore, the bail will be set low if you can demonstrate a steady job.
Criminal Charge Severity
When you are charged with a serious offense with a high conviction risk, you risk lengthy prison sentences and hefty court fines. You could feel inspired to flee the state to avoid prosecution and possible punishment. As a result, the judge will deny bail, and if you are lucky, grant it but set the amount high to make it hard for you to flee.
Criminal Record
You risk paying heftier bail when you have a significant criminal history or record. Again, if you have an account of violating probation release conditions, the judge can set a high bail to discourage you from breaking probation release instructions.
The Responsibilities of Your San Ysidro Bail Bonds
After you talk to a bail agency, they will send an agent to process your release once you agree. The bondsman will have critical roles and responsibilities in the release, including:
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Evaluation of your Eligibility
After your bail application is received, the bondsman will evaluate whether you meet the criteria for bail. The bonding company will consider your capacity to pay the premium fee and whether you are a flight risk. The review's objective is to ensure the bondsman does not lose or forfeit their money by posting bail for you.
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Processing your San Ysidro Bail Bonds
Once you have agreed with your surety agency, they will prepare the necessary documents for you to sign. After that, they will process the documents to secure your bailout.
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Paying Bail
After you are deemed qualified for a surety bond and the paperwork is processed, the bondsman will pay your bail. The agent is the intermediary between you, the court, and the surety firm.
The other role of a bondsman is to be responsible for you, the defendant. Even after you are out of jail, the agent will monitor you to ensure you do not circumvent your release conditions. And when you skip court, the bondsman will be responsible for finding and presenting you.
Bail Bond Refund
Before posting bail for you, your San Ysidro bail bonds agency will require you to deposit a 10% premium, nonrefundable fee for the services. The agency will pay the remaining bail amount but will require collateral to secure their money. If you comply with bail conditions and the case is completed, the judge will refund the bond to the bondsman, who will release your collateral.
San Diego Central Jail
1173 Front Street
San Diego, CA 92101
(619) 610-1647
San Diego Central Courthouse
1100 Union Street
San Diego, CA 92101
(619) 844-2700
Find an Experienced Surety Company Near Me
Not everyone charged with an offense in San Ysidro is guilty. Therefore, it is devastating to be held in custody until your case is completed. You want to return to your everyday life and avoid the trauma and anxiety associated with incarceration. Sadly, many defendants cannot afford the hefty bail amounts in California. At Justice Bail Bonds, we can help you obtain a probationary release through our bail bond services. Call us today at 951-445-4155 to arrange a meeting.