The arrest of an individual is often a mentally stressful occurrence. When such an arrest is made in Los Angeles County, the bail process can seem daunting, to say the least. After arrest, bail bonds in Los Angeles County enable a person to be temporarily released while they await court proceedings. What if you don’t have the necessary amount to pay for bail? That is when bail bond agents offer their services.
In this guide, we explain how bail is set and what factors are taken into consideration. Most importantly, we elaborate on the role that bond dealers serve in helping you gain your freedom.
Understanding Bail In Los Angeles County
If law enforcement officials in Los Angeles have detained a person, they will first set a bail amount based on the level of severity of the charges. Bail is a fixed amount set by law enforcement that serves as a financial security to guarantee that the arrested individual will return for their court hearings. In the event the defendant pays the full bail upfront, they will be released and then later refunded for the bail amount after the case concludes, but only if all court obligations are met.
If the arrested individual lacks the funds to post bail, they can choose from the following options:
- Be placed in custody until a judge is able to see them (which is normally within 48 hours).
- Attend a self-representation. This means you promise to show up for your court dates but don’t pay for the bail.
A bail bondsman comes in to cover costs on behalf of an accused person, with the average charge being 10% of the full bail amount. One could say half of the work is done.
Example Scenario:
John gets arrested and put through the legal process because of a DUI involving an accident. The police set his bail at $15,000. If John has the full amount, he can pay it and be released until his court date. If he goes to trial and wins, he gets his money back. But if he can’t afford it, he’ll need to explore alternative options.
The Role of a Bail Bondsman
With the help of a bail bondsman, an individual who finds himself in unfortunate circumstances can get away from $15,000 because the bondsman will accept 10% of it. Normally, he will give them in advance so that he, too, will be released without losing all of his money. In case it is a set conviction or an individual doesn’t stand in court, the bondsman loses money.
Example Scenario:
If John doesn’t have the required amount of $15,000, he would then head to the bail bondsman, where he would then pay $1,200. The bondsman then posts the full bail amount on his behalf. However, unlike paying bail directly, John will not get his $1,200 back. That money is used for paying fees.
How Bail Amounts Are Determined?
Here in Los Angeles County, police officers set bail using a police “bail schedule” where they assign categories. The schedule indicates how much bail is set for various offenses, and the police will determine the initial bail depending on the most serious charge.
The bail amounts can change once the case reaches court. In fact, the prosecution can also add extra charges that could further raise the total bail amount. This either means the defendant has to pay more or they are forced to get additional bond coverage.
Example Scenario:
Let us say John gets arrested for DUI with a prior offense. A police officer sets bail at $25,000. But because John had a child in the car, the court also added a child endangerment charge along with his initial charge. This increases his bail to $40,000. This means that, in total, John would need to post an extra $15,000 or get an agent for bail bonds in Los Angeles County for the increased amount.
The Humphrey Case and Bail Reform
The system of bail is criticized largely because it unjustly affects low-income people hardest. Take, for example, the case of Kenneth Humphrey. He got arrested for stealing $7 but was set bail at $600,000 due to his past record of crimes. On top of that, he did not even have the money to afford an agent for bail bonds in Los Angeles County, forcing him to stay in custody.
The Court of Appeals later decided that judges may only impose bail if no other less punishable option guarantees attendance at the court and a defendant’s situation needs to be taken into account. This ruling might change how bail works in California by removing set bail amounts and replacing them with evaluations made for each individual case.
Is It Possible To Raise Bail Fees?
Indeed. While a police officer or a police department sets a specific bail, a prosecutor may ask the court for a different bail, often giving new evidence or other charges as the reason. A judge can raise the bail due to such requests, and additional payments or further aid from a bondsman is needed for a defendant to fulfill those requirements.
When a defendant misses court, arrest warrants are issued for them, along with the full bail amount being sorted out, and forfeiture is also incurred. If a dealer of bail bonds in Los Angeles County covers bail, then the bail amount becomes their responsibility. Numerous bondsmen use collateral, compliance agreements, or other assets in order to reduce the risk.
According to the law of California, bail forfeiture can be reverted if the defendant shows up after missing court in 185 days. Payments forfeiture is different as after the time elapses and the bondsman is not reimbursed, they lose the cash.
Revision of Bail Policy by the District Attorney of Los Angeles County
Los Angeles County’s District Attorney, George Gascón, introduced a new set of reforms in 2020 aimed at reducing the over-dependence on cash bail. Gascón’s reforms are controversial because they focus on releasing non-violent offenders based on their own recognizance rather than imposing bail amounts. These reforms have been termed “controversial” because the central purpose aims to stop and reduce the number of individuals in custody solely because they cannot afford to pay.
Let Us Help You Post Bail – Contact Smart Choice Bail Bonds!
Smart Choice Bail Bonds have one of the best bail bond agents in Los Angeles County, and if you need immediate assistance with any arrest, we will make sure you are taken care of. We will take the fastest reasonable action on your case, and we guarantee your release at your preferred time so you can go home, where you rightfully belong. With unmatched prices, commitment towards your case, and a guarantee of fast, reliable service and customer satisfaction, we make the bail process easy and quick for you.
Contact us today at Smart Choice Bail Bonds, and let us work wonders for you!
