Bail Bonds: Can I get out of Jail to fight my case?

In most cases, the answer is yes. California requires the setting of bail in all cases, except in capital offenses (murder qualifying for the death penalty).

Bail

Bail is set according to the county’s bail schedule, which is amended from time to time, and is categorized for the most part by the crime alleged. While the U.S. Constitution requires a suspect be presumed innocent unless and until proven otherwise beyond a reasonable doubt, for purposes of setting the amount of bail, the court is to presume the facts of the police report are true.

When the amount of bail is set, there are two ways of bailing out. One is through the posting of the entire amount of the bail. The entire face value of the bail is posted with the prosecuting county and returned upon resolution of the case. The second way is through the use of a bail bonds agent.

Bail Bonds

This process involves a contractual venture between the agent and the bailee (the defendant) or his/her indemnitor. The agent charges a fee, usually no more than 10% of the total amount of the bail, to guarantee the court that the defendant will appear in court every time the Judge requires him/her to do so. The fee paid to the agent is non-refundable.

If the defendant and/or the Indemnitor(s) on a particular Bail Bond fails to fulfill the obligations of the bond (e.g. making all required court appearances, paying all fees), it can result in serious financial ramifications. The indemnitor could be liable for the full amount of the bail and any and all out of pocket expenses. In addition, the agent can forcefully seize and bring the defendant to court should he/she fail to appear on a scheduled court date.

Bail agents often require collateral. In certain situations, the bail bond agents may require a form of collateral as a means to write the bail bond. Collateral is something of value given or assigned to the Bail Bond Agency as means to cover the full bail amount in the case that the defendant fails to appear in court or sees through with the disposition of the court. In general, a higher bail will make it more likely that a Bail Agent will ask for collateral to reduce the risk or liability on the Bail Bond. A vehicle, real property, cash, jewelry, or anything else of value can be acceptable forms of collateral. Usually, the collateral needs to be easily exchangeable to cash within a reasonable period.

An Indemnitor will need to cover the required Bail Bond premium; additionally, other information will need to be supplied to secure a Bail Bond. An Indemnitor must provide proper identification, proof of employment (paycheck-stub, or other), and will need to supply the Bail Bond Agent with personal information, e.g., social security number, date of birth, Driver License or Identification Card Information, address, telephone numbers, employment information, employment address and phone number, supervisor’s name and contact information, whether you own or rent your residence, plus any other relevant information the Bail Agent may require to determine the eligibility of the an Indemnitor.

1275 Holds

Sometimes, there is a “hold” on the ability to bail out. This is referred to as a “1275 hold”. Either the District Attorney or a police officer executes and files a statement with the court that he/she believes that the money or other source of consideration for the bail was feloniously obtained. If the judge finds probable cause to believe the assertion of feloniously obtained funds, the burden shifts to the defendant to prove legitimacy of the funds, and he/she is entitled to a full hearing with cross-examination in open court to prove that the funds and collateral contemplated for the bail and bond were legitimately had.

Angela B. from Los Angeles, CA practices exclusively criminal law. She is a successful trial and appellate attorney and is a vetted member of the Attorney Referral Service (ARS) of the San Fernando Valley Bar Association (SFVBA).

To learn more about the information provided above or for questions about the above content, contact us at 818-340-4529.