California Bail Bonds and Bail Bondsman
by Emily Stone BloggerIn the State
of California, the California Department of Insurance (CDI) licenses and
manages bail bond agents. To become a practising
bail bond agent in California, the agent must possess a valid bail agent permit
license. This enables the license holder to solicit and sell bail on account of
a surety bonding organization. The California Penal Code, sections 1268-1276
specifically.5, set forth the laws and regulations related to the usage of
bail.
Bail is
guaranteed by the Eighth Amendment to the
United States Constitution which provides for the citizen's legal right of
"innocent until proven guilty" in a court of law. The purpose of bail
is certainly to enable the charged to prevent incarceration by publishing bail
as set by the courts just before the determination of guilt or innocence.
Alternatively, the courts whose job is normally to enforce and administer the
rules need some assurance that the accused will be present at all court
proceedings to face charges and offer a protection. Bail is normally set based
on the criminal offence as a guarantee the charged will follow due process
as arranged forth by the legal system.
The amount
of bail charged will vary depending on the crime, prior flight and convictions
risk of the defendant. This is frequently known to as the bail schedule as
established by county courts in California. On the other hand it is up to the
discretion of the court where the criminal arrest was produced to determine the
bail amount using the bail schedule as guidelines. Some charges such as capital
crimes are ineligible for bail. Under California law, all misdemeanours are qualified for bail.
Regardless of whether the person charged is found guilty or innocent
ultimately, the amount of the bail paid is refunded by the courts at the final
result of the legal proceedings. If the accused fails to appear in court on all
planned dates, the courts will issue a warrant for the individual's police
arrest and forfeiture of the bond amount to the state of California.
In those
cases where an accused cannot make bail, they can utilize bail agency or
bondsman to post bail. A bail bondsman is usually an essence an insurance agent
that addresses the expense of a defendant's bail for a specific fee. He or she
is normally assuring that the defendant will show up in court to face due
procedure related to the charges filed. The bail bond fess is usually set in
the state of California at ten percent but can be lower or higher based on the
bail bondsman.
A bail bond
is sometimes referred to as a surety bond specifically in those situations that
involve the use of collateral to secure
payment of the bond amount. Not all bail agents accept security for payment of
the 10% charge. Some agents shall offer payment plans that involve an agreed
upon schedule for fee payment.
If the
defendant "skips bail" or does not appear as specified by the courts,
California allows bail agents to use bounty hunters to apprehend that person
and deliver them to the courts for incarceration. Bounty hunters required
special training and licensing to become a bounty hunter. Just like bail
agents, bounty hunters want qualification from the California Department of
Insurance to operate.
805bail.com specializes in providing California Bail Bonds. We also provide 24/7 Bail Bonds Services in various cities in Ventura County, Santa Barbara County and Los Angeles County. Call us today to know more about our Bail Bonds services.
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Created on Oct 25th 2017 07:52. Viewed 545 times.