After an arrest, many suspects prioritize securing a pretrial release as quickly as possible. You can secure your pretrial release by posting bail. Some opt for bail bonds, especially when bail amounts are unaffordable.
Understanding how bail and bail bonds work can help you and your loved ones make informed decisions after facing arrest. If the bail amount set by the judge is too high to pay out of pocket, a Seaside bail bonds service could offer a more affordable alternative. At King Stahlman Bail Bonds, our bail bondsmen will help you understand the local bail bonds process. We will also take the necessary steps to secure your release.
Understanding Bail
It is a monetary guarantee intended to ensure your appearance in court, which may be paid directly to court. It allows you to be released from custody while awaiting trial. It is not considered a punishment or a fine. Bail ensures you will be present at all your scheduled court sessions.
If the full bail is paid directly to the court and you appear for all required hearings, most or all of the amount is reimbursed at the conclusion of your case, though administrative fees may apply. The Eighth Amendment to the U.S. Constitution prohibits excessive bail, meaning bail should not be set at an unreasonably high amount solely to detain a defendant.
The Process for Setting the Amount of Bail
A variety of considerations go into the judge’s decision on setting bail. Factors include the crime's severity, criminal history, flight risk, and any potential threat to public safety. While judges refer to the Monterey County bail schedule, they have the discretion to adjust the amount based on your case's specific facts and circumstances. The court may use financial resources as a factor when deciding bail.
What a Bail Bond Entails
A bail bond is a contractual agreement between you, a licensed Seaside bail bondsman, and the court in which a Seaside bail bondsman agrees to post bail on your behalf. They also promise the court that you will be present at all required court hearings. Rather than paying the bail set by the court, you or a co-signer give the bondsman a premium fee, usually 10% of the set bail, which is non-refundable. This acts as the service fee.
By issuing the bond, the Seaside bail bondsman assumes responsibility for the set bail amount if you fail to attend any court hearing. California law generally allows the bail bond company up to 180 days to locate and surrender yourself to jail or file a motion to vacate the forfeiture if the court declares a forfeiture due to nonappearance.
If they do not find you within the allowable period and the forfeiture is not set aside, the Seaside Bail Bonds Company may be required to post the full bail amount. The bondsman may then pursue reimbursement from the co-signer or recover any collateral pledged to secure the bond.
How the Seaside Bail Bonds Process Works
After your arrest in Seaside, you will be held in a nearby jail for booking. The process involves collecting personal details, recording the charges, taking fingerprints, and taking your photos. After booking, the initial bail amount is set using a standard bail schedule. The judge may later review and adjust the amount based on case-specific factors.
If paying the entire bail on your own is impossible, you or their family can contact a licensed Seaside bail bondsman. The bail bondsman assists the family in completing the necessary paperwork, which includes signing the bail bond agreement.
Your co-signer is a friend or family member who agrees to take financial responsibility if you fail to appear in court, which may include repaying the full bail amount or forfeiting collateral. The co-signer pays a non-refundable fee of about 10% of the bail and may need to provide collateral if the bail amount or flight risk is significant. After processing, you are released from custody, provided you attend all required court hearings.
Bailing Conditions
When granted bail, you must obey the rules the court sets. The primary requirement is to be present for every court date. Additional rules may include restrictions such as:
- Not leaving the state without permission
- Obeying all laws
- Avoiding contact with victims or witnesses
- At times, the court may require you to maintain employment or stay in school
- Avoid drugs or alcohol
- Submit to random testing
- Surrender your passport
- Obey a curfew
- Wear an ankle monitor
If you violate the conditions of release, the court may revoke bail and order you back into custody. If a bail bond was used and you fail to appear in court, the co-signer is legally responsible for paying the full bail amount.
Can the Amount of Bail Be Decreased?
If the bail amount appears excessive or unjustified, your defense attorney can request a bail reduction at a review hearing. At the hearing, the attorney could argue that you are unlikely to flee by pointing out your strong community ties, such as a long history of living in the area, having family members, or having a steady job.
They could also argue that you are not a danger to society and that paying the bail would be difficult. Sometimes, if the prosecution’s evidence is weak or the bail schedule is not applied correctly, these can be reasons to request bail reduction. You want to hire a skilled attorney in Monterey County, as understanding the local courts can help your case.
What is Bail Forfeiture
If you fail to appear in court without a legally acceptable excuse, the court may order bail to be forfeited. If the bail was posted through a bond, the Seaside Bail Bonds Company may ultimately be liable for the full amount unless you are returned to custody within the statutory deadline.
If the bail is forfeited and you cannot pay, the co-signer may be liable for the full amount and risk losing any pledged collateral. If you inform the court immediately that you had an emergency, it may prevent you from losing your property.
Court and Jail Information
Monterey County Jail
1410 Natividad Road, Salinas, CA 93906
Monterey County Superior Court
240 Church Street, Salinas, CA 93901
Find a Seaside Bail Bonds Company Near Me
If you or a family member is arrested in Seaside, CA, securing a prompt release from custody is a priority. A seasoned Seaside bail bondsman can provide you with the information you need. At King Stahlman Bail Bonds, we have experience assisting defendants with Seaside bail bonds. Our bail bondsmen, who are available 24/7, are on standby to help you secure a pretrial release. Call us at 619-232-7127 for a case review and help with fast bail bonds.
