JR’s Bail Bonds Fontana – 24/7 Bail Bond Services
Arrests interrupt your professional and social life. Therefore, your focus should be on securing a pretrial release as quickly as possible, so that you can resume your daily life and start preparing for the trial. Many defendants in Fontana rely on posting bail to obtain pretrial freedom pending the trial. After deliberation, a judge sets bail for eligible candidates, contingent on the unique facts of their case.
Unfortunately, bail can be prohibitively expensive for you and your family to afford within a short period. Retaining the services of a bail bonds service is the most convenient and affordable way of regaining your freedom if you cannot afford bail. At JR’s Bail Bonds, we significantly lower the initial cost of regaining by posting a bond on your behalf. Additionally, our experienced bail bondsmen will explain the bail process and guide you after release to help prevent a bail violation.
Understanding Bail
Posting bail is the most prevalent way defendants obtain freedom. Bail refers to money or a bond you deposit with the court to act as insurance for your future court appearances. When you skip court or contravene other bail terms, the money or surety bond is forfeited.
Bail varies contingent on the crime and the case’s circumstances. Additionally, each county has a bail schedule that outlines nearly every crime for which bail is eligible, along with the corresponding bail amount. When setting bail, judges consider the figures set in these schedules. However, they have the discretion to increase or lower the amount based on the facts presented, the severity of your current crime, your previous sentences, and the risk of fleeing jurisdiction.
When you pay the figure set by the court through cash bail or bail bond, you guarantee the court that you will present yourself in court when requested until the case concludes. If you adhere to the court’s instructions and the case concludes, you will receive a refund of the cash bail, less court fees. Alternatively, your Fontana bail bonds service receives a bond refund. The refund happens regardless of the court’s verdict.
Bail or Aversarial Hearing
After you have been arrested, the police book you into the nearest jail or police station. If your arrest is for a minor offense, such as a first-time misdemeanor, bail can be set using the local bail schedule without a bail hearing. However, when you are dissatisfied with the bail figure and seek a reduction, or when you are charged with a serious offense like robbery with violence, a judge should determine your bail in the arraignment hearing or a formal adversarial proceeding.
The arraignment or bail proceeding must occur within 48 hours of the arrest, unless the event takes place on a weekend or holiday. Courts are closed during these days, so you must remain in pretrial detention until you appear in court for a bail decision.
A bail proceeding is a hearing where the court decides whether you qualify to post bail and regain pretrial freedom. Additionally, the judge may rule to increase or decrease the predetermined bail figure in the local county bail schedule. The outcomes of the proceedings are:
- You, the defendant, are being released on your own recognizance (OR)
- Qualifying for bail and being allowed to post an affordable amount
- Being released on other terms than financial obligations
- Being denied bail completely if you are accused of a violent felony
The factors that the judge considers when reducing bail include:
- Your capacity to pay
- The gravity of the alleged violation
- Your criminal history
- Chances of you return to court for scheduled hearings after release
- Public safety
Good Cause
When your case is for a serious or violent felony, the judge cannot lower the bail figure below the predetermined figure on the schedule unless it is for good cause or unusual circumstances are present in your case. These circumstances do not include having a good record of attending court after pretrial release or not having engaged in a new crime after the previous one. Instead, unusual circumstances or good cause mean there has been a discovery of new evidence that has substantially altered your casé’s facts or circumstances. A bail reduction because of unusual circumstances does not mean that the judge who set the initial bail made the wrong decision, overlooked facts, or contravened the law.
Even if you deposit your bail and exit police custody, a judge has the authority to order your rearrest once the trial commences.
Automatic Bail Review
In California, defendants who cannot raise bail within the provided timeline should be released without bail unless there is clear and convincing evidence that keeping the defendant in pretrial detention is necessary to safeguard the community or the alleged victim. So, when your bail is set, and you have not posted the amount or a bond within five days, the court must schedule a Humphrey hearing to rule out the fact that lack of finances is the only reason you remain in detention. If the lack of financial resources is the only reason you are in custody, you may be released without bail, but on certain conditions, such as attending counseling.
Adversarial Hearing Notice
When seeking a bail reduction for a serious or violent felony, particularly domestic abuse cases, or have breached specific terms of a restraining order, you must notify the prosecutor of the bail reduction request within at least two days. That way, they can gather evidence or aggravating circumstances to oppose the request if they deem it necessary.
Bail Increase
Another outcome of the bail proceeding is the bail increment. The same way a judge can reduce your bail is the same way they can increase it. If you are seeking a reduction and the prosecutor opposes the reduction with more convincing evidence or adverse information that the court was unaware of during the initial bail setting, you risk an increase in bail.
The judge can increase the bail figure above what is provided in the schedule, even when you cannot afford it, as long as they act within the law or do not abuse their discretion. Not affording bail does not mean it is excessively high or unlawful. It means you will remain in jail until you can raise the money or the case is resolved.
OR Release
If your defense attorney aggressively presents facts to show you have strong community ties, you are not a flight risk, and you will not threaten public safety, the judge can grant an OR release if certain conditions are met. In California, you could qualify for OR if your offense does not attract a death sentence, unless you freedom jeopardizes public safety or the court cannot guarantee your future attendance.
A competent defense can also persuade the court to lower your bail or grant an OR even when the judge is unwilling to do so by suggesting bail terms that reduce the risk of the pretrial release. These terms include:
- An obligation for the defendant to hand over their passport or driver’s permit to the court to restrict their travel
- A request to have the defendant admitted to an inpatient treatment center
- A requirement to have the defendant wear an ankle monitor or GPS device
- A condition for the defendant to wear a SCRAM or Secure Continuous Remote Monitor
There are several recommendations that a lawyer can make to convince a hesitant judge to lower bail or release you without bail.
Bail Denial
Another outcome of the bail hearing is being denied bail altogether. Securing a pretrial release after posting bail helps you reunite with your loved ones and allows you to continue with your routines, such as work, pending the trial. Pretrial release also enables you to work closely with your private defense attorney to evaluate evidence, the case’s facts, and prepare defenses to improve your preparedness for the trial. Your chances of a favorable verdict in the trial are improved if you are a free person. Unfortunately, not all defendants are eligible for bail, meaning they remain in pre-trial detention until the case is resolved. Every defendant has a right to bail, although the court can deny this right during the bail proceeding under the following circumstances:
- You are Charged with a Capital Crime
The judge considers the severity of your offense when deciding on bail. California statutes permit judges to deny bail to capital offenders. Capital offenses include aggravated murder, and the court denies individuals charged with such crimes bail because allowing them to reintegrate with the community while awaiting trial could result:
- The commission of another crime while on the outside
- Fleeing town to avoid the possible death sentence penalty upon sentencing
You will remain in pretrial detention for months or years until the case is resolved.
- There is a High Risk you Will Flee
Bail guarantees future return to court after release. Therefore, the court could be forced to deny you bail to ensure you stay in the court’s jurisdiction until the case ends. Several factors can determine whether you are a flight risk. If you lack a stable job and family, and you do not have a strong moral standing in society, the court will deem you a flight risk. Besides, if you have jumped bail in the past, you may repeat the same mistake once you are released, so the court will opt for the safer option, which is to keep you in pretrial detention until the case is resolved.
- You Have a History of Parole or Probation Violation
When the judge sentences you to probation or you are released on parole, one critical condition you must abide by is to avoid reoffending. If you reoffend, the judge can deny you bail for the probation violation charge.
- You are a Threat to Public Safety
A pretrial release offers the defendant multiple benefits, including the opportunity to reunite with family and resume work or school. Furthermore, the defendant has the means to afford the services of a seasoned criminal attorney who can assist with case preparation and the crafting of defense strategies. Despite these benefits, the judge must consider the safety of the public. If you threaten the public or the witnesses to your claim, you are ineligible for bail.
Your Bail Options
The two primary ways of posting bail once it has been set are:
- Cash Bail
When you choose to pay your bail in cash, you should deposit the entire amount with the relevant law enforcement agency or court clerk. Policies for cash bail payment vary from one court to another. However, most courts accept cash bail payments in the form of personal checks, money orders, cash, and banker’s checks.
The advantage of this bail option is that you will receive your cash back minus court charges, upon the case’s conclusion, if you abide by all the pretrial release terms. However, because many individuals who pay money have no experts, such as bail bondsmen, to guide them after release, it is easy to engage in a violation and end up forfeiting all the money they paid.
Another downside of paying cash bail is the PEN 1,275 hold, as it could delay your release even after depositing the money. The hold seeks to establish the legitimacy of the funds used for bail. You must look for bank statements, pay stubs, tax return records, and other documents that prove the money was acquired legally. This can take days, translating to a more extended stay in jail. Additionally, if you cannot prove the source of the funds, the court may decline the cash bail and could even increase the initial amount.
The delays associated with cash bail mean that even when funds are available, it is always advisable to consider alternatives, such as bail bonds. Licensed bail bondsmen will deposit a bond on your behalf, preventing a scrutiny of your financial resources, especially when charged with a drug or financial crime.
- Bail Bonds
When bail is unaffordable, or you want to avoid the risks of cash bail, you should consider bail bonds. When you hire a bail bonds firm, you pay the company a nonrefundable premium fee of 10% of the full bail. The bail bondsman then guarantees the court to repay the full bail when you fail to return for scheduled hearings after release. The bail bondsman reduces the risk of bail bond forfeiture by demanding collateral.
The Fontana Bail Bonds Process
Posting a bail bond starts with discovering the amount you must pay as bail. If you do not want to use cash bail, you can call your Fontan bail bonds firm for financial assistance. The company will appoint a bail bondsman to take up your case. Additionally, they will require you to nominate an indemnitor or cosigner, as handling the paperwork from jail can be challenging.
A cosigner assumes liability for your court appearances. Apart from sharing the details of your arrest with the bail bondsman, the cosigner is responsible for paying the premium fee and raising the necessary funds. In some cases, the defendant deposits collateral to guarantee your Fontana bail bonds company that you are not a flight risk, and if you jump bail, they can use the collateral to recoup their losses. Cosigning a bail bond is a huge responsibility, so you must understand your obligations and ensure that you trust the defendant to abide by the pretrial terms.
Your cosigner will handle all the details of the bail bond contract. Once the payment is made, a bail bondsman will post a surety bond for your release.
The Fate of Bail When the Case Concludes
Do not mistake bail as punishment for your crime. You or your Fontana bail bonds firm will receive your money back, contingent on bail type. The court has two options for dealing with the bail funds when the case concludes. These are:
Exonerate the Bail or Bail Bond
Bail exoneration means receiving your bail funds back. If you relied on the services of a Fontana bail bonds firm, an exoneration upon case conclusion means the bail bondsman will not owe the court your entire bail. The company will then return the property used as collateral to the cosigner.
Bail exoneration occurs after the trial and sentencing. The refund occurs regardless of the court’s verdict. Even when you are convicted, you will receive your money, or the bail bondsmen will have their bond exonerated. However, when you pay cash bail and part of the sentence entails monetary court fines, the money could be redirected towards payment of the court fines.
Another condition for bail exoneration is showing up for all court proceedings and the trial. Additionally, you must adhere to all the bail terms for the entire duration until the case ends.
Bail Forfeiture
A forfeiture happens when you skip scheduled hearings and trials, or contravene bail conditions. When you do this, the court will not refund your money in the event of cash bail, while your Fontana bail bonds firm will have to repay the court the full bail amount. If the bail bondsman is forced to pay the court your full bail, they will sell the collateral deposited by your cosigner to recoup their losses, meaning someone who trusted you could lose their valuable property.
Court and Jail Info
Fontana Sheriff’s Department
17780 Arrow Boulevard
Fontana, CA92335
Superior Court of San Bernardino
8303 Haven Avenue
Rancho Cucamonga, CA 91730
Find Competent Bail Bondsmen Near Me
You want a quick pretrial release after arrest in Fontana, so that you can return to your routines and work. Bail is a common way to regain pretrial freedom. However, it can be expensive for some defendants to afford. At JR’s Bail Bonds, this is where we come in. We have experienced bail bondsmen who will guide you through the bail process, deposit a bond on your behalf, and be present after release to ensure compliance with the bail terms. Call us today at 888-577-2245 to start the temporary release process.
