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Being under arrest is, in most cases, an unexpected event that can leave you confused and wondering what to do. Securing your freedom from legal custody should be your priority after your arrest. Securing your freedom allows you to continue your daily activities and care for your family.
Posting bail is one of the quickest ways to secure your freedom following an arrest, but the bail amount the court will require could make it challenging to post your bail immediately. In most cases, arrestees turn to a bail bondsman as a quick solution to this challenge. The services of a bail bondsman come in handy in these situations, but they are not free.
In addition to paying a non-refundable premium, the bail bondsman could require collateral. This article is yours if you are wondering what collateral means in the context of bail bonds.
What Happens When the Court Grants Me Bail?
While lawmakers presume you to be innocent until proven guilty, the judge has total discretion on whether you are an excellent candidate to secure your pretrial release on bail. If the alleged offense is a capital offense, like treason, or a violent felony, like rape, the court could deny you a release from jail on bail.
Depending on the facts of your unique case, the court could also consider the following factors when determining whether to grant your bail request at the bail hearing:
- Whether you have a history of skipping bail
- Your criminal background
- Whether you are a flight risk
- The public safety
- Your attorney's mitigating arguments
If the court grants your bail request, here is what you should do next:
- Post cash bail or a property bond to secure your freedom
- Work with a bail bondsman to secure fast bail bond services
If your bail is expensive or unaffordable, working with a bail bondsman can mean the difference between spending your time in jail as your case continues and securing your freedom. However, when you choose to work with a bail bondsman, he/she could ask you to surrender a bail bond collateral pending the outcome of your case.
A Bail Bond Collateral at a Glance
Generally speaking, bail bond collateral is anything of value that you or a friend (cosigner) can surrender to the bail bondsman to act as security for your freedom. In other words, it assures the bail bondsman you will make all the court-scheduled appearances as required to challenge the allegations you are up against.
When you or your loved ones do not have enough liquid cash to cover the bail bond fees due to factors like high bail amounts for grave offenses or financial struggles, valuable collateral can help assure your appearance in court after your release.
When you skip bail or refuse to show up at your court dates, the bail bondsman must pay the court your total bail amount. That means the bail bondsman is putting his/her money on the line for your freedom as you wait for the court judgment on your case. For this reason, the bail bondsman will require you to surrender valuable collateral.
The worth of the bail bond collateral your bail bondsman will require will depend on your offense bail amount. When you skip bail, the bail bondsman will sell the collateral to recover his/her money.
What You Should Remember When Using Collateral for Bail
Before you decide to put your property up as collateral for a release from jail on bail after an arrest, you should consider some factors because this decision has consequences. If you plan to use your property as collateral for your release from jail on bail, consider doing the following:
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Evaluating Your Property or Assets
Before deciding to use any property as collateral, you should carefully evaluate your assets and property and decide wisely what you can surrender as collateral. Before surrendering your property to the bail bondsman as collateral, you should consider your emotional attachment to that property and its market value.
Also, you should consider the value of the property. While the bail bondsman will determine the type of property you can use as collateral, you should assess the value of the property or assets and ensure it matches the bond (a percentage of your bail amount) he/she will post on your behalf.
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Discussing This Decision With Your Family Members
If the property or asset you intend to put as collateral will impact your entire family, like real estate, you should discuss your decision with all the involved family members. Similarly, if you fully own the property, discussing your decision to put it as collateral for your release from jail is also important.
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Talking With Your Financial Advisors and Attorney
Understanding the financial and legal implications of the property you plan to use as collateral is vital. Your financial advisors and attorney can help you decide to secure your freedom as soon as possible.
These considerations are vital because they protect you against any hasty decision that could negatively affect your financial stability after securing your release from jail on bond.
Advantages of Using Collateral for Bail Upon an Arrest
While using collateral for bail when working with a bail bondsman is risky, it is worth considering this option if you are under arrest and cannot afford cash bail. Below are some of the advantages of using bail bond collateral upon an arrest:
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It is Easily Accessible
Finding enough money to post cash bail is a hassle for most arrestees. However, that does not mean you should wait for your case trial date while behind bars. The availability and accessibility of bail bond services offer a reliable alternative to secure your freedom. Fortunately, your bail bondsman can accept collateral as security for your release if you do not have the required premium upfront.
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It Offers You Flexible Options
You could have properties and assets that you can liquidate without a hassle, rather than raising the cash required for your bail, making this option the most convenient way to secure your freedom upon an arrest.
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Helps Build Trust With the Bail Bondsman
Since the bail bondsman will be putting his/her money on the line for your freedom, using collateral as security for your release helps demonstrate responsibility and commitment, reassuring the bail bondsman that you will make your court appearances. Doing that can make the bail bond process smoother and assure the bail bondsman that you are trustworthy.
How the Bail Bond Collateral Works
Securing and using collateral for bail using the services of a bail bondsman involves some key steps. Below is an overview of how this process works:
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Valuation of Your Collateral
When your bail bondsman determines that collateral would be necessary in your case to secure a pretrial release, he/she will assess the value of the property you are willing to surrender. If you use real estate as collateral, the bail bondsman will review the property's deeds or obtain appraisals.
For assets like jewelry or vehicles, the bail bondsman will assess their market value before allowing you to secure your freedom on bond.
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Collateral Agreement
Once you agree on the collateral, you or a family member (cosigner) will sign a collateral contract with your bail bondsman. The contract is important because it specifies the terms under which the bail bondsman will hold the property and what will happen when you skip bail or fail to show up for your court dates.
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Securing the Collateral
After signing the collateral agreement, the bail bondsman will secure it. If you choose to surrender real estate or a house, the bail bondsman could place a lien on it. However, for cars and other items, the bail bondsman could take possession of these items or hold their titles until your case is over.
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Return of Your Collateral
When you comply with all the terms of your release on bail, particularly showing up on your court dates, the bail bondsman will return your collateral once your case ends.
Using collateral for bail following an arrest is a wise idea, but you should understand how it works before you sign any agreement with your bail bondsman.
What Can I Use as Bail Bond Collateral?
When you choose to work with a bail bondsman to secure your freedom, understanding what you can use as collateral for your release from jail on bond is crucial. Common types of assets or properties you could use as bail bond collateral include (but are not limited to) the following:
Real Estate
Most bail bondsmen will accept real estate as collateral. Real estate could include properties you own, like houses, commercial buildings, or land. However, the type of real estate you decide to surrender must be in good shape and valuable for the bail bondsman to accept it as collateral for pretrial release from jail on bond.
Vehicles/Cars
High-value vehicles, like motorcycles, cars, or boats, could qualify as collateral for your release from jail on bond. However, to put up any vehicle as collateral, the bail bondsman will require you to prove that you legally own it.
Valuables
Your bail bondsman could accept high-value valuables, like electronics, watches, and jewelry, as collateral for your release from jail on bond. However, the bail bondsman could require you to provide a certificate of authenticity or prove that the valuable belongs to you.
While it could depend on the policies of your bail bondsman, the value of the valuables you choose to surrender as collateral must be adequate to cover your full bail price when you skip bail.
If you make all your court appearances to challenge the alleged violation, the bail bondsman will return your property once the case ends.
Factors Influencing Collateral Requirements When Working With a Bail Bondsman
Collateral is not a mandatory requirement when using the services of a bail bondsman to secure your freedom upon an arrest. Explained below are some of the factors influencing collateral requirements:
Collateral Value
One of the main factors influencing the type of collateral the bail bondsman will require is its value. While it depends on a bail bondsman's policies, the value of the collateral must be enough to cover your bail amount.
Your Criminal History
Another significant consideration in determining collateral requirements is your criminal background. If you have a lengthy criminal record, the bail bondsman will consider you more likely to violate the terms of your release on bail. In this case, the bail bondsman will require you to surrender a valuable property or asset as security for your release.
The Likelihood of Showing Up on Your Court Dates
The bail bondsman will consider you a flight risk if you are a non-citizen or have a history of skipping. In that case, the bail bondsman will require you to provide substantial collateral as security for your freedom. However, your collateral requirements will be lower if you are not a flight risk and are more likely to attend your court dates as required.
Sometimes, if you are a flight risk, the bail bondsman could refuse to post your bail bond. Generally speaking, the likelihood of making court appearances upon your release from jail on bond is critical in the bail bondsman's decision-making process.
Your Offense's Bail Amount
Your offense bail amount is another factor influencing collateral requirements. Most bail bondsmen will not require collateral as security for your release if your offense bail amount is not expensive, as long as you pay the bail bond premium.
Find a Bail Bondsman Near Me
Collateral plays a significant role in the bail bond process by ensuring the bail bondsman and the court that you will make your court appearances and comply with the terms of your release from jail on bond. Using collateral for bail can ensure you are out of legal custody without delay, especially if you do not have funds to clear your bail bondsman premium upfront or pay cash bail.
If you need help navigating the confusing bail bond process, our bail bondsmen at King Stahlman Bail Bonds can help. Call us at 619-232-7127 and let our 24/7 bail bondsmen offer you quick bail bond services, wherever you are in California.
