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How a Bail Works |
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| How a Bail Works |
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When an individual is arrested for a crime in the State of California, typically that person will be taken to a local law enforcement
station for booking, prior to incarceration in a station lock-up or county jail. Once arrested and booked, the defendant has several options for release pending the conclusion of his or her case.
The bail system is designed to guarantee the appearance of a criminal defendant in court at the time the judge directs. |
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| What are the Release Options? |
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The five basic release options available to an arrestee are:
- Surety Bond
- Release on his or her own recognizance (O.R.)
- Release on citation ("Cite Out")
- Property
- Bond and Cash Bail
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| What is a Surety Bond? |
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An alternative to cash bail is the posting of a Surety Bond. This process involves a ontractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the defendant fails to appear for their scheduled court appearances. The bail agent's guarantee is made through a surety company and/or by the pledge of property owned by the agent.
For this service, the defendant is charged a premium. To be released pursuant to the posting of a surety bond, the arrestee, or a relative or friend of the arrestee, typically contacts a bail agent, an individual licensed by the State of California to post surety bonds. Prior to the posting of a surety bond, the bail agent undertakes a detailed interview of the proposed guarantor of the Surety Bond, as well as of the arrestee and relatives of the arrestee, as part of the underwriting procedure for bond.
By involving the family and friends, as well as through the acceptance of collateral, the bail agent can be reasonably assured that an individual released on Surety Bond will appear at his or her appointed court date, as required until the case is adjudicated.
After this procedure is concluded, if an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the arrestee's return to court.
With his money on the line, a bail agent has a financial interest in supervising bailees, and ensuring that they appear for trial. If a defendant "skips," the bail agent has time and the financial incentive to find him/her and bring him/her in. Significantly, commercial bail bond agents profit only when the defendant shows up for trial. Judges acknowledge that bail agents have highly efficient methods to get defendants to court. |
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| What is “Own Recognizance”? |
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Another method of release pending trial is through a county or law enforcement dministered pre-trial release program. Usually, the staff members of these programs interview individuals in custody and make recommendations to the court regarding release of these individuals on their own recognizance (i.e., without any financial security to insure the interviewee's return).
The interview process is often conducted over the telephone, with little inquiry to the individual's background to determine whether the detainee is likely to appear in court and with virtually no verification of information provided by the detainee. Since no money or bond is posted to secure the detainee's appearance in court, he or she faces no personal economic hardship from his or her conscious failure to appear. |
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| What is a "Cite Out"? |
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This procedure, known as the "Cite Out", involves the issuance of a citation by the arresting officer to the arrestee, informing the arrestee that he or she must appear at an appointed court date.
The "Cite Out", usually occurs immediately after an individual is arrested. As a consequence of the failure to follow complete booking procedures, the true identity and background of most individuals released on citation is never established. |
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| Copyright © 2009-2010 Mad Dog Bail Bonds. All Rights Reserved. |
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