California Bail Bonds and Bail Bondsman Is Your Legal Right
In the State of California, the California Department of Insurance (CDI) licenses and regulates bail bond agents.
To be a practicing bail bond agent in California, the agent must have a valid bail agent permit license.
This allows for the permit holder to solicit and sell bail on behalf of a surety bonding company.
The California Penal Code, specifically Sections 1268-1276.
5, set forth the laws and regulations related to the use of bail.
Bail is guaranteed by the Eighth Amendment of the United States Constitution which provides for the citizen's legal right of "innocent until proven guilty" in a court of law.
The purpose of bail is to allow the accused to avoid incarceration by posting bail as set by the courts prior to the determination of guilt or innocence.
On the other hand, the courts whose job it is to enforce and administer the law need some guarantee that the accused will be present at all court proceedings to face charges and provide a defense.
Bail is set based on the crime as an assurance the accused will follow due process as set forth by the legal system.
The amount of bail charged will vary greatly depending on the crime, prior convictions and flight risk of the defendant.
This is often referred to as the bail schedule as set by county courts in California.
However it is up to the discretion of the court where the arrest was made to determine the bail amount using the bail schedule as guidance.
Some charges such as capital offenses are ineligible for bail.
Under California law, all misdemeanors are eligible for bail.
Regardless of whether the person charged is ultimately found guilty or innocent, the amount of the bail paid is refunded by the courts at the conclusion of the legal proceedings.
If the defendant fails to appear in court on all scheduled dates, the courts will issue a warrant for the individual's arrest and forfeiture of the bond amount to the state of California.
In those cases where a defendant cannot make bail, they can make use of bail bondsman or agency to post bail.
A bail bondsman is an essence an insurance agent that covers the cost of a defendant's bail for a set fee.
He or she is insuring that the defendant will appear in court to face due process related to the charges filed.
The bail bond fess is set in the state of California at ten percent but can be lower or higher depending on the bail bondsman.
A bail bond is sometimes referred to as a surety bond especially in those cases that involve the use of collateral to secure payment of the bond amount.
Not all bail agents accept collateral for payment of the 10% fee.
Some agents will offer payment plans that involve an agreed upon schedule for fee payment.
If the defendant "skips bail" or does not appear as specified by the courts, California allows bail agents to use bounty hunters to apprehend that person and deliver them to the courts for incarceration.
Bounty hunters required special licensing and training to become a bounty hunter.
Just like bail agents, bounty hunters need certification from the California Department of Insurance to operate.
To be a practicing bail bond agent in California, the agent must have a valid bail agent permit license.
This allows for the permit holder to solicit and sell bail on behalf of a surety bonding company.
The California Penal Code, specifically Sections 1268-1276.
5, set forth the laws and regulations related to the use of bail.
Bail is guaranteed by the Eighth Amendment of the United States Constitution which provides for the citizen's legal right of "innocent until proven guilty" in a court of law.
The purpose of bail is to allow the accused to avoid incarceration by posting bail as set by the courts prior to the determination of guilt or innocence.
On the other hand, the courts whose job it is to enforce and administer the law need some guarantee that the accused will be present at all court proceedings to face charges and provide a defense.
Bail is set based on the crime as an assurance the accused will follow due process as set forth by the legal system.
The amount of bail charged will vary greatly depending on the crime, prior convictions and flight risk of the defendant.
This is often referred to as the bail schedule as set by county courts in California.
However it is up to the discretion of the court where the arrest was made to determine the bail amount using the bail schedule as guidance.
Some charges such as capital offenses are ineligible for bail.
Under California law, all misdemeanors are eligible for bail.
Regardless of whether the person charged is ultimately found guilty or innocent, the amount of the bail paid is refunded by the courts at the conclusion of the legal proceedings.
If the defendant fails to appear in court on all scheduled dates, the courts will issue a warrant for the individual's arrest and forfeiture of the bond amount to the state of California.
In those cases where a defendant cannot make bail, they can make use of bail bondsman or agency to post bail.
A bail bondsman is an essence an insurance agent that covers the cost of a defendant's bail for a set fee.
He or she is insuring that the defendant will appear in court to face due process related to the charges filed.
The bail bond fess is set in the state of California at ten percent but can be lower or higher depending on the bail bondsman.
A bail bond is sometimes referred to as a surety bond especially in those cases that involve the use of collateral to secure payment of the bond amount.
Not all bail agents accept collateral for payment of the 10% fee.
Some agents will offer payment plans that involve an agreed upon schedule for fee payment.
If the defendant "skips bail" or does not appear as specified by the courts, California allows bail agents to use bounty hunters to apprehend that person and deliver them to the courts for incarceration.
Bounty hunters required special licensing and training to become a bounty hunter.
Just like bail agents, bounty hunters need certification from the California Department of Insurance to operate.
