The bail bond system is only inherent in two countries, the United States of America and the Philippines. But in both countries, there are similarities as well as differences. And that also is the case among all the states. In California, a recent development on their bail system is undergoing with a law that is passed to abolish the cash bail bonds because of its alleged racial and economic discrimination. Now, Californians will decide via a referendum in November 2020 on whether cash bail bonds will be outlawed in the state.
This development is indeed big news for bail bond agents whose earnings are dependent on defendants seeking for their bail bond services. A bail bond agent or a bail bondsman is a licensed person or company who provides the bail amount for the appearance in court of an accused individual. The premium on bail bonds San Jose is 10% of the total bail and it represents the earnings of a bail bond agent on a case.
Knowing how bail bonds work is truly helpful to a person who is arrested and accused of a crime. You should know the following details about bail bonds in California.
A bail schedule shows how much bail is required for a crime committed, and this may differ from one county to another. When arrested, you can ask for the schedule or tell a bondsman to do it for you. When your offense is minor and is not on the bail schedule, you may be released immediately without paying bail. But when the crime is in the bail schedule, it means that you have to post bail.
Modifications on the Bail Amount
The bail schedule can be modified by the police. Your bail can be increased or decreased, which the judge will either uphold or change depending on the circumstances of the case. Your lawyer can ask for a hearing about your bail within two days after the arraignment to contest the judge’s decision.
Whether the judge will increase, decrease, or stick with the bail amount in the bail schedule depends on many factors like severity of the crime, criminal history of the accused, and threats made to the complainant or witnesses, among others.
Conditions to Decrease Bail
For you to be able to get a reduced bail amount, you can agree on some conditions like placing you in a house arrest with electronic monitoring and a remote alcohol monitor. Your driver’s license and passport will also be confiscated. You will not be allowed to travel outside the state or have any contact with the victim.
With cash bail bonds being on hold until the November 2020 referendum to abolish it, the most convenient way to post bail is through a bail bond. By paying 10% of the amount to a bail bond agent, you can be released from jail after the bondsman assures the court to present you in court during hearings.
The bail agent will ask you for a collateral for the bail amount, which may come in the form of real property or valuables such as jewelry or painting. Because the bail amount cannot be refunded in case you don’t appear in court, it is the only way the bond agent can recover the amount he paid for your bail.