When you or your loved one is in custody, the first thing that comes to mind is how to get out of jail within the shortest time possible. However, the bail figure is usually high, and it can be challenging to pay it in cash. An Apple Valley bail bondsman comes in handy to guarantee the court the defendant's appearance during court proceedings. A bail bond is a contract between the bail bondsman, the defendant, and the court. The defendant pays a bail bond premium, usually 10% of the bail figure, to the bondsman. If the defendant does not attend the court hearings, your bail bondsman is responsible for paying the full bail amount. Contact Riverside Bail Bonds if you or your loved one is in custody and requires bail bond services.
The Role And Authority Of An Apple Valley Bail Bondsman
Bondsmen have significant authority and roles to ensure the law takes its course. An Apple Valley bail bondsman typically acts as an intermediary between an arrestee and the court. If you skip bail, your bondsman has the right to hire a bounty hunter to track you down. However, bondsmen do not have similar powers as law enforcers to enforce traffic laws, cordon off specific areas, or investigate crimes. The powers of a bondsman are more circumstance-dependent. A bondsman will only engage a bounty hunter if you fail to abide by bail conditions and the court issues a warrant of arrest.
The law regulates who can become a bondsman. Bondsmen must meet several requirements before licensing to ensure safety and protect the public. Typically, a bondsman must be 18 years or older. A person must complete at least 20 hours of pre-licensing training and pass a background check.
Candidates must also post a $1,000 surety bond to protect the public and pass a written exam. A bondsman must also secure a license from the Department of Insurance, which outlines specific requirements for becoming a bail bondsman.
Whether Bail Bondsmen Can Arrest You
A bondsman's arrest power only applies to particular situations. A bondsman cannot use the arrest powers whenever he/she wants. Your Apple Valley bail bondsman can only use the arrest powers if a warrant for your arrest is granted. For example, the court would issue an arrest warrant if you violate your bail terms. The list of bail terms could be long, so most arrestees breach one or several conditions once they are released on bail.
The court, for example, could order you to avoid going to specific locations or staying out too late after a curfew. If you violate these conditions, your bondsman has more power to enforce the law. A bondsman could also send a bounty hunter to arrest you and return you to court or custody. However, the law restricts the powers of a bondsman.
For example, a bondsman cannot use excessive force to arrest you. A bounty hunter must use "reasonable force" that is proportionate. A bondsman can physically apprehend you if you resist the arrest, but is not allowed to inflict unnecessary pain and injury on you.
Additionally, it is an offense for the bondsman to intimidate, threaten, or harass you. The sole duty of a bondsman is to apprehend you safely and ensure you return to court for the proper conveyance of the law.
A bondsman can also enter a private residence to arrest you if he/she has a warrant from the judge. Otherwise, a bondsman is required to observe the boundaries of your property. It could be a trespass offense if a bondsman steps on your property without permission.
Steps A Bondsman Must Follow When Tracking Down A Defendant
An Apple Valley bail bondsman must follow a procedure when tracking down or arresting a defendant who violates bail conditions. Some of the steps the bondsman must follow include:
Bondsmen Must Introduce Themselves
Usually, a defendant will recognize a bondsman, but not always, especially if the bail transaction occurred online or over the phone. Bondsmen always carry identification cards with them. You can also search for a bondsman's credentials online via the Department of Insurance or call the bail bond company to confirm the identification.
Let You Know Why You Are Being Arrested
A bondsman must explain why he/she is arresting you. The bondsman should also provide a warrant signed by a judge. The following are the violations of bail conditions that could warrant an arrest:
- Committing another crime while out on bail
- Harassing a witness or violating a restraining order
- Traveling out of the state without consent from the court or the judge
- Staying out too late in the evening and breaching a curfew
- Failing to attend court on a trial date
- Failing to show up for mandatory court hearings
- Removing a tracking tag
A Bondsman Should Not Violate Your Rights
A bondsman must uphold your rights while arresting you on suspicion of committing another crime. If you are harassed or violated in any way, you should seek the help of legal professionals immediately.
Deliver You To The Relevant Authorities
After arresting you, a bondsman must hand you over to the relevant officials. The police will decide what to do with you. However, you also have a right if you believe your arrest was illegal. The law provides you with various forms of recourse to challenge your arrest and detention by bail bond officers. You can challenge the warrant in some cases where the arrest was unlawful. Usually, this procedure involves going to court.
You can also challenge how you were arrested.
For example, your arrest could be illegal if the bail enforcers used excessive force. It is also a crime for the bondsman to engage in other unlawful conduct, like stealing items from a private residence.
Whether You Should Pay Your Apple Valley Bail Bondsman When Your Charges Are Dismissed
The bail system can be complicated and confusing, particularly when a bondsman is involved. You could wonder whether you should pay the bondsman when your charges are dismissed. You should pay the bondsman because you received their service. The fee you pay is a percentage of the whole bail amount. Usually, the fee you pay to a bondsman has nothing to do with your innocence or guilt. This premium is purely for the services the bondsman offers you.
You must pay the bondsman even if your charges are dropped because a bail bond company exists to work with the court and process the bail. A bail bond company assists by providing financial services to arrestees who cannot independently post the full bail amount. The bondsman will, therefore, offer to post the entirety of the bail for a fee, allowing you to get out of custody as you wait for trial. The bail money will be returned to the bondsman once you appear in court for your trial. Your bondsman will still have served their duty, regardless of the trial's outcome.
If You Cannot Afford The Bail Premium
Sharing with your Apple Valley bail bondsman is important if you feel that you cannot make the premium repayments for whatever reason. You could request that your bail company give you an alternative payment solution.
Bail bond companies often strive to maintain good working relationships with arrestees. It is also better to be upfront and air out any issue instead of avoiding the check-in for fear of punishment.
Bail Bond And The Death Of A Defendant
Bail aims to encourage the arrestee to show up for court proceedings. It is posted with the court and is only refunded once the arrestee has completed their trial and honored the bail conditions. Sometimes, however, the arrestee and their co-signer do not make it to the trial because of death resulting from a crime, accident, or disease.
If the arrestee dies after posting bail, the legal officials will understand that the defendant cannot appear for trial. In this case, the court will cancel the bail. The court will only cancel the bail upon receiving evidence of the death of the arrestee. A local or state registrar will issue a death certificate. Any collateral used as bail will be returned once the evidence is tabled in court. The collateral could be returned because the arrestee is no longer a flight risk.
For example, if the bondsman previously asked the arrestee to provide their home as collateral, the home will be returned to the deceased's estate.
However, the bail fee cannot be returned because it contributes to the bondsman's operations and compensates the bondsman for the risk of posting the bail. If the arrestee had entered a credit contract with a third party facilitating the fee payment, the lender would seek payment from the estate.
The Bail and The Death Of a Co-Signer
The repercussions when a co-signer dies depend on the conditions in the initial bail agreement with the Apple Valley bail bondsman. Some agreements state that the co-signers estate becomes responsible for fulfilling the duties of the contract after their death. In this case, it is a debt against the co-signer's estate. This could reduce the equity any beneficiaries receive.
The conditions could also outline that the responsibility for paying bail goes to the surviving co-signer. For example, the arrestee could take out bail with two co-signers. If the first co-signer passes on, the responsibility for backstopping the agreement passes onto the second co-signer. The bail bond process where either the defendant or co-signer dies is often complicated and requires the guidance of a legal expert.
Failing To Check In With Your Apple Valley Bail Bondsman
Securing bail is important after arrest because it helps you return to normalcy. However, you could be prone to inevitable mistakes, and missing a bail check-in could have severe repercussions. Some of the consequences could include:
Legal Consequences
You could face additional legal consequences if you fail to comply with the bail conditions. The bond company could revoke your bail and take you back to custody if you fail to hold up your bargain. Failing to pay your bail premium or jumping bail altogether can result in several civil and criminal actions. The bail bond company could take legal action against you to refund the money it has lost because of the missed payments.
Increased Bail Amounts
The court could view non-compliance as a crime, so you could face severe penalties. If you seek release again, you could face an increased bail amount, which could put a financial burden on you and your co-signers.
Forfeiture Of The Bail
If you fail to comply with the bail check-in requirements, you could forfeit bail. Forfeiting your bail in any way could lead to significant financial consequences. You could lose the money you put up for bail if you fail to check in with your bail bond company.
Your bail bond company could also employ debt collection methods, including apprehending you with a bounty hunter or confiscating the collateral you used to secure the bail. Missing check-ins or payments could also affect your credit score, which in turn could affect your ability to secure any financial support in the future.
Issuance Of A Warrant
A warrant of arrest is the common consequence. If you jump bail, the police can arrest you and take you to court. The judge could revoke your bail, resulting in a new bail hearing. This could lead to an increase in the bail amount and even a denial of bail altogether. If you are denied bail, you could be held in jail to wait for your court date. The police can arrest you when a warrant for your arrest is issued.
Complicated Legal Proceedings
Your legal proceedings could be more complicated if you jump bail. The judge could change their perception of your commitment to the legal process, leading to new charges, like "failure to appear." The judge could, therefore, issue a bench warrant for your arrest.
Steps To Take If You Skip Bail
Taking immediate action to mitigate the consequences if you miss a court hearing due to unavoidable circumstances is essential. Some of the steps you could take include:
Reach Out To Your Bondsman
If you have a challenge that prevents you from attending the court hearing, you should communicate directly with your bail bond company. Your bail bond company could be willing to help you find a solution. This could involve modifying the conditions of the agreement or adjusting the check-in schedule.
You could face various legal consequences if you miss a court date while out on bail. A warrant of arrest could be issued against you for an additional felony charge. You should immediately contact your bail bond company to resolve the case without facing further legal repercussions.
Do Not Delay
You should act fast to minimize the risks. A bail bond company could send you a notice with a time limit for certain actions. If you miss a payment, the court could declare the bail forfeited, causing you to lose the collateral you provided to secure the bail.
Be Open And Honest
It is essential to be as transparent as possible when communicating with a bail bonds company. When explaining the reasons why you missed a court date, you should provide any evidence that supports your current position. For example, you could provide evidence that you were ill and could not attend the court hearing due to severe symptoms.
Importance Of Complying With Bail Bond Conditions
The following are the benefits of complying with bail bond conditions:
Enhances Your Legal Stance
Being compliant is crucial because of the possible consequences of non-compliance. Compliance could influence favorable results in your situation.
Preserves Relationships
If you adhere to the bail terms, you can build good relationships with those who stood up for you, like family members or co-signers.
Maintain Favorable Bail Conditions
If you adhere to the check-ins, you could improve or maintain your bail terms, leading to smoother legal proceedings.
It Builds Trust With The Court
It is crucial to show how committed you are to the legal process. This proof of commitment could build trust with the court and influence your court case results.
Court Information
Superior Court of California,
4100 Main St, Riverside, CA 92501,
United States County of Riverside
Jail Information
Riverside County Blythe Jail
Find A Reputable Apple Valley Bail Bondsman Near Me
If you or your loved one faces an arrest, your first step should be to contact an experienced Apple Valley Bail Bondsman. The bail amount applicable to your case will depend on several conditions, including the type of offense you commit. The bail figure will also depend on whether you are a repeat offender. Contacting a bail bondsman immediately after an arrest gives them ample time to work on your release. When choosing a bondsman to secure your release, go for a licensed one. If you need a committed bondsman who will consistently defend your rights, contact Riverside Bail Bonds. Call us at 951-788-2663 to speak to one of our bondsmen.
