JR’s Bail Bonds Fountain Valley – 24/7 Bail Bond Services
Undoubtedly, most people are unaware of how the bail process works until they find themselves in a difficult situation where they or their loved ones are required to post bail to secure their freedom after an arrest. While this is understandable, educating yourself on the arrest and bail process can be helpful in the future, especially when you or a loved one is under arrest.
An arrest can happen to anyone, and when it does, you should know what to do to expedite your release process. In addition to impacting your freedom, being stuck in jail could affect several aspects of your life, including your employment. At JR’s Bail Bonds, we understand that you are innocent until proven guilty.
If you are in jail as a suspect in a criminal case, we can intervene and offer quick Fountain Valley bail bonds, allowing you to remain out of custody pending the verdict in your case.
Scenarios When the Police Can Lawfully Arrest You Without a Court-issued Warrant
Before we discuss bail and how to post it after an arrest, it’s essential to understand how an arrest can occur. To lawfully arrest you as a suspect in a criminal case, the police must follow specific procedures. For example, a police officer requires a valid court-issued arrest warrant to arrest you for an alleged offense, unless under particular circumstances, which we will discuss below.
A judge can issue an arrest warrant, authorizing the police to arrest you and bring you into legal custody, based on the following factors:
- Evidence presented by the police officer or a district attorney
- Grand jury indictment
If a police officer fails to follow the lawful arrest process when arresting you, the court could consider any evidence obtained against you inadmissible. That means that the prosecution team cannot apply that particular evidence against you in court. That is why it is critical to understand what constitutes lawful arrest.
Generally speaking, a police officer can lawfully arrest you without a warrant under the following circumstances:
You Committed a Criminal Offense in His/Her Presence
When a police officer sees you committing a crime, he/she can make a warrantless arrest on the spot. For example, when a police officer is conducting his/her usual patrol in the neighborhood and he/she meet you assaulting another person with a dangerous weapon, the officer can arrest you on the spot for assault and battery.
You Committed a Felony
A police officer has the authority to arrest you if he/she has reasonable suspicion that you committed a felony. That is true even though you did not commit the alleged offense in the officer’s presence. For example, if there is an ongoing investigation and the officers have sufficient evidence to suggest your involvement, a police officer can arrest you without an arrest warrant.
He/she Has Probable Cause to Believe You Committed an Offense
A police officer can lawfully arrest you without a court-issued warrant if he/she has probable cause to believe you committed a misdemeanor or a felony. Even when a police officer legally arrests you without a warrant, he/she must provide evidence to the court to show that he/she had probable cause for your arrest. If the officer lacks probable cause for your arrest, you cannot lawfully remain in legal custody.
Generally speaking, the standard of probable cause relies on enough evidence to believe you committed a crime, not necessarily to secure a conviction against you. A police officer can demonstrate probable cause for your arrest through any of the following:
- Informants, victims, and witnesses
- His/her observation, including your physical appearance and breath odor
- Circumstantial evidence that shows that a crime has occurred
As discussed above, there are specific scenarios in which the police can arrest you without a court-issued warrant. However, regardless of how your arrest occurred, the arresting police officer must uphold your constitutional rights in every stage of the process, including the right to:
- Hire a criminal defense attorney
- Stay silent
- Right to not answer any of the officer’s questions
Being under arrest can be frightening, and you may not know what to do immediately. However, with the legal assistance of a credible criminal defense attorney, you can maneuver the process seamlessly to secure your release.
What the Judge Will Consider at Your Bail Hearing
If you or someone you care about is under arrest in Fountain Valley, the prospect of staying behind bars as the alleged charge continues can feel overwhelming. Fortunately, the bail hearing offers you the opportunity to secure a pretrial release as your case progresses through the various stages of the criminal court process.
To avoid staying in jail for a prolonged period after an arrest in Fountain Valley, your bail hearing should occur within forty-eight (48) hours, unless the arrest occurred on a public holiday or the weekend. The bail hearing will be your initial court appearance. However, the court may sometimes allow a criminal defense attorney to attend the hearing on your behalf.
The purpose of this hearing is to allow the judge to determine if you qualify to post bail and the amount you should pay to secure your pretrial release. Some of the factors that will come into play when making this decision include the following:
Your Criminal Record
If you have a prior criminal history, especially one for a similar crime, or failures to attend your scheduled hearings, the judge will consider you a high-risk offender and likely deny you a release on bail.
The Seriousness of Your Offense
The seriousness of the alleged offense can significantly influence the judge’s decision during the bail hearing. If the alleged charge is a serious or violent felony, the judge could be less inclined to grant you a release from jail on bond.
Whether You are a Flight Risk
The judge will consider your likelihood of showing up for the scheduled hearings after securing your freedom. If you are a non-citizen, the court will consider you a flight risk, meaning there is a chance you could skip bail after securing your pretrial release.
Whether You are a Threat to the Safety of the Public
Public safety is a critical consideration when determining your eligibility to secure your freedom on bail. If the court considers you a threat to public safety due to the nature of the alleged offense, he/she could deny you bail. That is necessary because the safety of the community and the public is critical.
Tips on How to Prepare for the Bail Hearing Following an Arrest in Fountain Valley
Preparing thoroughly for the bail hearing could significantly impact the outcome of the proceeding. Here are some key steps to take for the possible outcome in this initial court proceeding:
Hire a Criminal Defense Attorney
Retaining the services of a skilled attorney is one of the best decisions you can make following an arrest in Fountain Valley. In addition to being your legal counsel, the attorney you hire can investigate your case and help craft compelling evidence and arguments that can help convince the judge you are an excellent candidate for bail.
Gather Evidence Relevant to Your Case
With the legal assistance of your attorney, you can collect evidence that can help strengthen your case and increase your chances of qualifying for a release from jail on bail. Examples of evidence that could work in your favor include any documentation that shows you have strong community and family ties and proof of employment.
Gather Character References
If you have evidence that can help prove you are a person of great character, the court could allow you or a loved one to post your bail to secure your freedom. Letters of support from your colleagues, family, community leaders, and employer(s) can positively influence the court decision during the bail hearing.
Since your appearance in court during the bail hearing is not mandatory, you should consult with your attorney to know whether your presence at the proceeding is necessary.
Possible Outcomes of the Bail Hearing
Depending on the evidence and arguments presented by the prosecutor and your attorney, the judge could decide to do the following:
- Grant Bail With Certain Conditions
When the court grants you bail, the judge will set various conditions that you must abide by, including the following:
- Agree to regular check-ins with a bail officer
- Agree to participate in the recommended treatment program
- Agree to remain within a set geographical location
Violating or failing to comply with these requirements can make the judge revoke your bail and order the police to arrest you.
- Deny Bail
When the judge denies you bail, you will remain in legal custody without bail until your offense trial date. The judge is more likely to make this decision if he/she believe you are a threat to public safety or a flight risk.
- Grant an Own Recognizance (O.R.) Release
In some instances, the court could decide to grant you an O.R. release, allowing you to secure your pretrial release without posting bail. However, not every defendant qualifies for this pretrial release option. The court is more likely to grant you an own recognizance release if you do not have criminal record and the alleged offense is non-serious.
- Set Your Offense Bail Amount
When the judge grants you a release on bail, he/she will set the specific amount that you should pay for your unique case, based on the following factors:
- Your ability to pay
- Your offense’s seriousness
- Your attorney’s arguments
Once the judge sets your bail, you can post it immediately using cash or a banker’s check to secure your release. However, if that is not an option because the bail is too costly or you are not ready to risk your money for your freedom, you can secure your freedom by posting a:
- Property bond — A property bond will require you to surrender a property whose monetary value is enough to cover your bail. When you fail to return to court as scheduled, the court will seize the property
- Bail bond — To secure Fountain Valley bail bonds after an arrest, you have to work with a bail bondsman. A bail bond is typically an agreement between the bail bondsman, the court, and you, the defendant. In this agreement, the bail bondsman will sign a promise to settle your full bail when you fail to appear. Conversely, you will sign a promise, agreeing to make your court appearances and accepting the possible repercussions of skipping bail
Potential Consequences of Skipping Bail in Fountain Valley
Securing Fountain Valley bail bonds or posting cash bail does not mean that the alleged case is over. When you agree to post bail to secure your freedom, you are promising the court that you will attend all the scheduled proceedings to challenge the alleged violation. When you skip bail, you could face the following consequences:
A Re-Arrest
The court will issue a bench warrant, authorizing the law enforcement officers to take you into custody, if it finds that you have violated the conditions of your release, especially by failing to attend your hearings.
Additional Criminal Charges
According to Penal Code 1320.5, failing to make your court appearances after posting bail is a criminal offense. If the underlying offense is a misdemeanor, you will face misdemeanor penalties when the prosecutor secures a PC 1320.5 violation conviction against you. However, if the underlying offense is a felony, you will face harsher penalties, including up to three (3) years of jail sentence.
Adverse Effects on the Underlying Charge
Skipping can make the underlying criminal case harsher, lessening your chances of winning the case. Due to that, the judge could award a harsher sentence following a conviction for the underlying offense because your failure to make your court appearances shows the court that you are a notorious offender.
A Negative Criminal Record
Like any other criminal offense, a PC 1320.5 violation conviction will become part of your criminal record and affect several aspects of your life. For example, a criminal record could make it challenging to find reliable employment or post bail when arrested in the future.
What You Can Do After Skipping Bail
As you can see above, skipping bail is not a wise decision due to the potential legal repercussions. When you skip bail or fail to attend a scheduled court hearing for whatever reason, the steps you take immediately could impact the case’s outcome. Here is what you should do to increase your odds of securing a favorable outcome after missing a scheduled court date while out of jail on bail:
Contact Your Criminal Defense Attorney
Seeking the legal advice of an attorney would be helpful after missing a court date. Your attorney can offer you the much-needed legal guidance and representation in the case to stand a chance of securing a desirable outcome, including reinstatement of your bail or modified bail conditions.
Surrender to the Police Voluntarily
If feasible, surrendering yourself to the police or the court voluntarily can increase your odds of securing a favorable outcome after missing a court date. Voluntarily surrendering yourself to the law enforcement authorities after skipping bail shows your willingness to comply with the terms of your release on bail.
File for Bail Reinstatement
With the legal assistance of your criminal defense attorney, you can request the court to reinstate the bail on the same conditions or modified terms. If that is not a viable option, a seasoned attorney can help request that the court reschedule your court hearing dates.
Inform Your Bail Bondsman
Securing Fountain bail bonds means the bail bondsman will be liable for your bail amount and court appearances after securing your freedom. Hence, he/she will expect you to keep him/her updated on any issue that could affect your ability to attend the scheduled hearings.
If you are sick or someone you care about has suffered an injury in an accident, requiring your assistance, you should inform the bail bondsman if this issue could make you miss a court date. A reliable bail bondsman can work with the court to reschedule your hearings.
It is worth noting that a bail bondsman has the legal right to seize any property or asset you or your cosigner surrendered as collateral for your release from jail on bond. Hence, complying with the terms of your release from jail is paramount following an arrest.
Generally speaking, being proactive can help mitigate the negative repercussions of missing a court date after posting bail. If you are unsure about what to do after missing a court date, your attorney can provide guidance. A credible attorney can help mitigate the potential consequences of skipping bail.
Find a Credible Bail Bondsman Near Me
When you are in legal custody as a suspect in a criminal case, it can feel like your world is falling apart, but you have options. Since it could take a few days, weeks, months, or years to receive a verdict on your case, you should post bail to stay out of legal custody as your case continues.
We invite you to call our bail bondsmen at JR’s Bail Bonds at 888-577-2245 for swift Fountain Valley bail bonds. Once you contact us, we will reach out to you to begin the bail bond process immediately, ensuring you are released from legal custody as soon as possible.
