BY |
A criminal arrest in California will likely result in a pretrial release. You could be required to post bail for a court to process your release or be released on your own recognizance for a first or non-violent offense. The amount you pay mainly depends on your charges, criminal history, nature and severity of the crime, and the strength of your community ties. However, the court must first determine your eligibility for bail. If you are, you can post cash bail or use a bail bond from a reliable bail bondsman.
The bail bond applicable to your case depends on whether you are facing state or federal charges. Understanding the differences between federal and state bail bonds is crucial for informed decision-making. For example, you can find the right bail bondsman to work with and determine the payment process before posting bail to quicken the process and reduce your time in jail. A reliable bail bondsman can help you understand how each bail bond works and the one you need based on your legal situation.
How State and Federal Bail Are Set
When you engage in crime in California, you violate state or federal law. If you are unfamiliar with how various charges are set, the judge will inform you about your charges and whether you will face charges under state or federal law during the initial arraignment. Both state and federal laws have a provision for bail for eligible defendants who can attend their trial and determine their case from home.
The state and federal governments do not have sufficient facilities to hold all suspected offenders. Bail releases ensure that those released pending the trial appear in all court hearings regarding their case. It is also one way the government eases the taxpayer’s burden, since providing adequate facilities for everyone suspected of a crime will be costly.
The differences between federal and state bail include that federal bail is for defendants facing federal charges, while state bail is for those violating state and local laws. Thus, each government has its way of determining which defendants should appear in court after a pretrial release. The federal government sets bail amounts for various federal crimes, while local courts determine bail amounts for different local and state crimes.
Since federal crimes are generally more severe than local ones, a federal bail will be more expensive than you would likely receive for violating a local or state law. Bail schedules contain predetermined amounts of bail for ordinary crimes in California. Judges consider these schedules when determining your bail before granting it.
When an Individual’s Federal or State Bail Is Determined
Understanding the legal process following an arrest is critical, as it helps you know when your bail will likely be set. When arrested for a state crime, you go through a booking process before being detained in a local jail. The booking process involves recording your personal information, the alleged offense, and your criminal history into the police database. The officer conducting this process will also take your fingerprints and mugshots for the database. You could post bail after the booking process or wait until your initial arraignment for the court to determine the amount. Generally, the court has up to 48 hours after your arrest to hold this initial hearing.
Defendants facing federal charges must appear before a judge for bail determination. The arraignment is held to allow you to enter a plea and determine your eligibility for bail. Federal courts do not have a bail schedule. Thus, the judge will set your bail during this arraignment. The judge will receive a recommendation from a pretrial officer based on the details of your case, your criminal history, and the strength of your community ties.
However, before a defendant can post bail in a federal court, the judge can hold a Nebbia hearing. The hearing seeks to ensure that the money the defendant or family will use as bail is legitimately obtained. If the defendant chooses to use federal bail bonds and is required to provide collateral, the court, through a Nebbia hearing, will ensure that the collateral is also legitimately owned by the defendant or their family.
If you do not have sufficient money to post bail or collateral to obtain a federal bail bond, the police will detain you until a federal court hears and determines your case.
The Rates for Federal and State Bail Bonds
Cash bail is the most common way to post bail after an arrest in California. You can use it after a state or federal arrest. However, you can use a bail bond if you cannot raise the required bail amount.
Generally, third-party companies offer bail bonds. They provide financial assistance to defendants or their families at a favorable rate. Different states have different bond rates. In California, the rate is usually 10% of your bail. You pay the amount as a bail premium before the bail bondsman processes your release from jail. The actual amount you pay can be expensive or fair, depending on your bail amount. If you face charges for a felony and your bond is high, your bail premium will be high. However, raising 10% of your bail is easier than the entire amount. This is what makes state bail bonds favorable.
Federal bail bonds can be expensive because federal crimes are more severe. The process of posting a federal bail bond is also complex. Typically, a bail bondsman will offer their service at a 15% rate. In addition to that, you will be required to provide collateral to incentivize the service.
When a federal court allows you to post bail, you could experience challenges finding a federal bail bondsman due to the complex requirements federal courts have for commercial bonds. However, you should be okay with finding a company familiar with federal procedures and cases.
The Different Types of State vs. Federal Bonds
Other differences between federal and state bail bonds are in the options the state and federal courts give the defendant after determining their eligibility for bail.
There are mainly two types of federal bonds.
A Federal Bond With Justification
This option is only available for criminal cases. If given this option, or you choose it, you must pledge collateral (generally in cash or real estate property) to the court. In this case, the court will not have a third party to hold liable for your court appearances. Although this option is typically unavailable for defendants facing charges for violent crimes, you can post and obtain a pretrial release if the court makes an exception.
A defendant eligible for bail who cannot incentivize their court appearances can use a federal bail bondsman. Although these services are rare, they are available. They are rare because federal cases are generally lengthy. It can take up to three years for a court to hear and determine your case. This can be a very long time for a bail bondsman to wait to receive a refund from a federal court. Additionally, the rates for these bail bonds are usually high. Since federal bail is generally expensive, a bail bond service will be costly.
Federal Bonds Without Justification
This is also called a signature bail bond. It is a pretrial release in which the court does not take money or any collateral from the defendant to release them from detention. The bond typically involves a written or verbal agreement by the defendant to attend all scheduled court appearances. A family member, or any other third party, can sign the bond and become responsible for ensuring you honor all your court dates.
Similarly, there are different types of state bonds:
Release on Personal Recognizance
This type of bond is also called release on own recognizance, or OR. Judges mainly grant this bond to first-time offenders and those facing less severe charges. If the judge grants an OR release, you do not pay any bail or provide any collateral to obtain a pretrial release. However, the judge must consider your criminal history, the underlying charge, employment status, and the strength of your community ties before granting it.
You must agree to abide by specific conditions of your release before the court grants an OR release. For example, you must be willing and ready to make all court appearances regarding your case. You should also refrain from engaging in another crime while out on bail.
Cash Bail
In this type of bond, you pay your full bail to obtain a pretrial release. The money must be paid before the court processes your release. You can pay in cash, check, or money order. The court holds the money until a judge hears and determines your case. If you do not violate your bail release, you receive a full refund after the case, regardless of its outcome. If you violate your bail, the court forfeits your bail.
Property Bond
This works the same as cash bail, but you provide collateral for property or assets, not cash. The property’s value must be slightly higher than your bail. Regardless of its outcome, you will receive the property back at the end of the case.
State Bail Bonds
These are available if you do not qualify for an unsecured bond and cannot afford to post cash bail or a property bond. You can involve a third-party company to help you post your bail for a fee.
Requirements for State and Federal Bail Bonds
The conditions courts set for obtaining federal and state bail can differ slightly because of the different policies and procedures that apply. If you face charges for a severe crime, like a violent felony, you will likely be ineligible for bail. You are also ineligible if you are a flight risk or pose a security threat to your community. When a court denies you bail, you can appeal with the help of a competent criminal attorney. If the appeal is ruled in your favor, you could be granted bail with specific conditions, like wearing a monitoring device to ensure the court knows your whereabouts.
Generally, federal courts have stricter bail conditions than state courts. A federal court will assign a federal officer to supervise you before your trial. Here are other release conditions you could release for a state or federal bond:
- A requirement to surrender your passport and other travel documents to ensure you remain within the court’s jurisdiction
- To surrender any gun in your possession and not to acquire one during the bail period
- To refrain from drug or alcohol use (in case of a drug- or alcohol-related crime) and to submit to random alcohol and drug tests
- To refrain from contact with some people, or visits to some places, even when they are related to your family or employment
- To find a permanent job and remain in it for the period of your case
- You may be required to remain within a specific area and promptly update the court with any changes to your address
- To register and complete a drug or counseling program
- To submit to mental or psychological tests if the court needs them from time to time
- To wear a GPS tracker or monitoring device if there are concerns that you could commit another crime, or flee
- To abide by a particular curfew
Find a Reliable Bail Bondsman Near Me
If you or someone you love is facing charges for a state or federal crime, you could be eligible for a bail release. You can post your bail if you can financially do it, or seek the help of a reliable bail bondsman. Bail bondsmen offer federal and state bail bonds at different rates. They will ensure you understand the services available, the bail process, and the conditions of your release.
At King Stahlman Bail Bonds, we know all the differences between federal and state bail bonds. We also understand the process for posting them and the requirements. This information can benefit you and your family and inform your decision-making. We can review your case to advise you on the type of bail you need and its requirements. Call us at 619-232-7127 for more information about your case and our services.
