"BAIL" is the security posted by the accused to ensure that he will appear in court and answer to the accusation brought against him. Bail can be posted in the form of cash or a bail bond.
When a person is arrested for a crime, the jail or magistrate may impose a bail amount that must be paid before the person will be released from jail. The accused can pay the full amount themselves or they can pay a Bail Bond Agent ten percent of the full bail amount and the Bail Bond Agent will then pay the jail the full bail amount in the form of a Bail Bond. The ten percent paid to the Bail Bond Agent is a non-refundable fee for the service of paying the bail amount on behalf of the accused. The court holds the bail amount, in either the cash or bond form, without interest, until the court case is complete, when it will be returned to the depositor, which can sometimes take months or even years. However, if the accused misses a required court date, the bail is forfeited and the court keeps it.
The bail system is designed to guarantee the appearance of a criminal defendant in court at the time the judge directs. To be released on cash bail, an individual must post with the court the total amount of the bail in cash, to secure his or her return to court on an appointed date, and thereafter, until the case is concluded.
Many people do not have the cash on hand, or available to them. An alternative to cash bail is the posting of a surety bond. What we do is post these surety bonds. This process involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that they will pay the bond forfeiture, if a defendant fails to appear for their scheduled court appearance. The bail agent’s guarantee is made through a surety company. For this service, the defendant is charged a premium. To be released pursuant to the posting of a surety bond, the arrestee, or a relative or a friend of the arrestee, typically contacts a bail agent, an individual licensed by the State of California to post surety bonds. Prior to the posting of a surety bond, the bail agent undertakes a detailed interview, as well as a complete application of the proposed guarantor.
Bonds Rates
Bail in the state of California is regulated by the Department of Insurance. Every bail bonds agency charges the same, which is 10 percent of the total bail amount. This 10 percent fee is also known as premium. In the case of federal bonds, however, premium increases to 12 percent.
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