Did you know a defendant getting a pre-trial release does not need to commit any fund but simply promise to appear in the court hearing? The funding for a pre-trial release depends solely on taxpayers.
The defendant doesn’t have to contribute anything for their release. There is a greater chance for the released defendants to evade the law and run away as a fugitive. In that case, only local authorities are responsible to search for the fugitives and return them to law. But, this is on their low-priority list.
Commercial bail is a better alternative to pre-trial release. This video explains the important but lesser-known facts about a pre-trial release.
What is a Pre-Trial Release?
A pre-trial release is a government organization that obtains the release of defendants from a local jail.
- The defendant does not have to commit any funds
- They only need to promise for appearing in the court.
What Are the Benefits of a Pre-Trial Release?
Pre-trial release agreements are almost similar to bail bonds. A pre-trial release has several benefits:
- Funded by taxpayers
- No one is financially responsible for the defendant after their release
- Can be used in violent, felony cases
When is a Pre-Trial Release used?
To obtain the release of individuals charged with:
- Violent Offences
Who pays for a Pre-Trial Release?
Pre-trial release programs are funded by taxpayers. The defendant doesn’t have to contribute to for the release.
What happens after a defendant is released?
Defendants must promise to appear in court at their hearing.
Who is financially liable for the defendant after release?
No one is financially responsible for the defendant or to ensure that they appear in court.
Who finds defendants who fail to appear?
Local authorities are called upon to find and return the defendants.
What is an alternative to Pre-Trial Release?
To do his or her job effectively, a bail bonds agent must be able to keep accurate and highly detailed records. Inaccurate records can lead to excessive financial losses.
Maintaining an accurate database of all files — that includes defendant’s names, addresses, personal contact information and prior charges, — not only helps keep a bail bonds agent up to speed on his cases but also allows him the privilege of knowing whether or not a potential client may be a flight risk.
How Document Management Helps Bail Bonds Agent Battle Better:
Digital Software Saves Space
Storing documents on digital software saves space and allows information to be transferred quickly and efficiently from the office to agents who are already in the field.
Enter All You Need Electronically. Software that has been designed exclusively for bail bonds agents allows for all of the information to be entered onto the computer.
Save Paper. An electronic signature can be added and the necessary number of paper copies can be printed out. This saves paper and eliminates the need to continually purchase extra office supplies.
Secure Data With Safe Backup. Investing in digital software allows the bail bonds agent the benefit of convenience. Information that is stored digitally on software programs is safely backed up and stored so that it cannot be accidentally erased or moved without the knowledge of the person entering the information.
Cloud Storage Makes Information Accessible
Cloud storage frees up space on the agency’s hard drive. By storing documents in the cloud, a bail bonds agent is protected from accidents such as fire, tornado or water damage that can ruin computer hard drives or destroy paper copies.
Keep All Documents Password Protected. Documents stored in the cloud can be accessed by electronic devices at any location outside of the office as long as the proper password or means of authentication has been used.
Send Documents Anywhere in the World. Not only does cloud storage protect an agency’s files, it also allows files to be sent from one location to another, even if they are hundreds of miles apart.
Simple Categorization. One of the biggest benefits of cloud storage is that all files can be categorized as the agency chooses; making it easy to locate and send the right information each time it is needed.
Secure Documents of All Sizes. Most companies offer several different sizes of cloud storage for the yearly subscription price. This guarantees the bail bonds agent that their records will be protected from both human error as well as natural disasters.
Document Management Saves Time
When a bail bonds agent stores documents electronically, it eliminates the need to search through dozens of paper files.
No Need to Spend Time on Locating Files. Time is of the essence, especially if a defendant has failed to appear in court. The time it takes to locate a file can mean the difference in whether or not the defendant is detained. Storing documents in this manner also saves times when it comes to filing paperwork with the courts.
Speed up Processing Time. An electronic file can be sent and processed in a matter of minutes, compared to a paper file that must be filled out, copied and then taken to the jail or the court and manually processed.
Ensures Compliance with State Laws
When bail bonds software is used to store documentation, it is easy to ensure that the agency has complied with all of the state’s laws concerning the receipt and processing of the defendant’s information.
All Documents Meet Legal Requirements. A software program for the bail bonds agency is written so that the document is universal and meets the requirements of the state in which it is used. When a bail bonds agent uses such a program, it must be filled out accurately for the agent to be able to save it.
Rules Differ from State to State. While the majority of states are similar in their requirements and the laws that govern bail bonds and bail bonds agents, there can be subtle differences. Bail bonds software programs are written for each state so that the level of compliance is consistently met.
Skipping out on your court date when you’ve been bailed out of jail is a serious matter. If you skip the court date, a warrant is going to be issued for your arrest, and you can forget the possibility of getting bailed out for a second time. If you’ve been thinking about skipping your court date, you should seriously reconsider. As tempting as it may be to skip court to try to avoid negative consequences, you’ll just end up making the situation worse. If you find yourself facing a court date following bail, take the following steps to help the process go as smoothly as possible.
Get to know your legal representation
You and your legal representation will both feel more relaxed and comfortable working with one another in court if you’ve spent a little bit of time getting to know each other first. Don’t be afraid to open up and give them the information that they need. While some questions may seem trivial or off topic, you never know how they may be able to help you in the courtroom.
Make sure that you know exactly what you need to provide
Talk to your legal representative about the documents that they need. Most likely you’ll be expected to show a government issued picture ID, social security card, proof of residence, and proof of employment. You’ll also have to offer your personal contact information so that they can get in touch with you as needed.
If you’re having trouble keeping track of the documents, ask for a printed checklist that has suggestions for each item (i.e. a recent pay sub for proof of employment). With a checklist in hand, you’ll save time gathering your documents. As a result, the process will go more quickly because your representation won’t have to spend weeks down tracking down the necessary papers. The more that you can do to speed up this process, the better.
Related Articles: Is Bail Criterion Different in Each County?
Always provide original copies
It may not seem like a big deal to give your legal representation the original copies of your required documents, but it saves them from a lot of hassle. For example, a client could decide to doctor up a utility bill to fake residency in a given location. If the doctoring job is done well, it could be very hard for legal representation to tell that it was a fake document. By the time they figured it out, the client would be long gone. Your representation will make photocopies of your documents and return the originals to you right away.
Offer additional records and items as requested
There are a number of other documents that legal representation may wish to obtain, including a passport, booking sheet, cell phone downloads, and GPS ankle bracelet. These items may seem like overkill, but they are simply a means of securing more basic information about and providing a means of tracking a client in the event that he or she tries to leave town or even leave the country before the court date.
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Agree to personal information verification
Many clients provide false contact information, including addresses and phone numbers to prevent their legal representation from being able to get in touch with them. As such, it is not unusual for representation to verify this information early in a relationship with a client. For example, you may be asked to call a business phone line with your cell phone so that they can verify the phone number via caller ID. In the event that you need to move or change a phone number before your court date, make sure to let your representation know as soon as possible.
If your representation seems suspicious about any of the contact information that you provide, resist the urge to get defensive. Many legal representatives deal with clients who are not truthful. They are simply trying to cover their backs and verify that everything that you say is true so that they can proceed in a proper, timely fashion.
Signature Bail Bonds has been in the bail business for nearly two decades. We strive to make getting out of jail as simple and stress free as possible. You have our personal guarantee that you will always speak to a licensed agent and receive service from our owner, Luis Mier. Our services are available to you 24 hours a day, seven days a week. Give us a call today at 714-240-2245 to learn more about how we can help you.
Having a trustworthy relationship with your bail bonds company can be the difference between obtaining appropriate legal coverage and being in the position to repay a cost for bail. While there are many companies listed in articles that advertise as being legitimate, this is not always the scenario.
Always be sure to appropriately research these companies, especially when considering the effect that their business may have on your well-being, or that of someone that you love.
A little research – Refer to a company search with the Better Business Bureau. Not only will you be able to identify a company rating by way of individuals who have directly utilized these bail bonds companies, but you can view any formal complaints that have been lodged against the company.
Clear and easy process – Confer with the bail bondsman about the process and what needs to be done. This will provide the necessary information in determining what company knows what they are doing, but it will also let you know if there is anything that you need to be concerned about. Trust in your company is of the utmost importance and can be eliminated if the company does not handle this initial conversation appropriately.
Make use of web – Reputable bail bonds companies can be found online with higher consumer ratings. Utilize this tool for efficiency.
Go for a licensed one – Ensure that the company with which you are working is licensed. Not only is this a legality, but it ensures that they know what they are doing so that you do not get yourself into any further legal issues. This can be researched online through the state department.
If you have are in need of a trustworthy and reputable bail bonds company, do not hesitate to contact Signature Bail Bonds to meet your every urgent legal need.
Drug possession charges are often very serious for offenders, and even more so for repeat offenders. However, that doesn’t mean that you can’t fight a charge before you go to court or when your court date finally shows up.
While you may not escape unscathed if you were found with drugs in your possession, there are some benefits to fighting a case. In cases with mitigating circumstances, you may even be able to fight and win the case – if you do your homework and prepare the right way.
Use this guide to educate yourself on how to fight a drug possession charge in the state of California after you hire a bail bondsman:
What are the California Drug Laws?
Both the federal government and the state of California generally determine penalties for drug possession based on the amount of the drug a person has in the possession at the time of the arrest and the ‘schedule’ of the drug. Drugs are scheduled – basically meaning that they are ordered – from schedule I to schedule V.
Schedule I drugs are those that tend to be the most addictive and have the highest risk of dependency. These drugs include cocaine, heroin, most hallucinogenic drugs, methamphetamine and certain types of amphetamines.
Schedule II drugs are dangerous and have a risk of abuse, but they may have medical benefits. These include methadone and surprisingly, opium and some types of amphetamines.
Schedule III drugs have a moderate risk of abuse but tend to be less dangerous, resulting in a reduced likelihood of overdose. These include anabolic steroids, ketamine and testosterone as well as some types of depressants.
Schedule IV drugs are typically prescription drugs – things like Xanax, Clonazepam and tranquilizers. They still pose a threat and risk of dependency, though they have legitimate medical uses.
Schedule V drugs are ones can be prescription-based or over the counter drugs. For example, both codeine and Tylenol are schedule V drugs, though having any prescription drug that wasn’t given to you by a doctor or pharmacist can still land you in hot water. Obviously over the counter drugs like Tylenol won’t get anyone arrested for drug possession and a bail bondsman is not needed.
What are California Drug Penalties?
After you are arrested for drug possession you will likely be able to get a bail bondsman to help you get out of jail so you don’t have to wait on a court date. However, a bail bondsman won’t help you to understand the charges against you in most cases.
While a lot of the penalties that can be levied against a person have to do with their criminal record, there are some benefits to hiring a lawyer to fight the case. Even if you’re convicted, you may be able to get a sentence that doesn’t include jail time.
Using Proposition 36, your attorney may be able to help you get one year of drug treatment in return. The level of care and cure required for the inpatient and outpatient rehab treatment or other types will be determined by the Department of Health. You may also be eligible for drug court, which allows you to live at home, getting monthly drug tests, effective sessions on addiction and judicial reviews along with enrollment in a 12-step program.
Finally, some people charged with drug possession in California may be able to get away with a deferred entry of judgment which means that you have to go through drug treatment for six months clean and sober. After an additional year of remaining arrest-free, the case may be dismissed.
Can You Beat Drug Possession Charges in California?
Many people who get arrested for drug possession want to know if they can actually beat the charges levied against them in court. Unfortunately the answer isn’t completely black and white, but there are times when you can beat a drug possession case if you hire a competent attorney who understands California drug laws.
The biggest reason people are able to fight drug charges in the state of California is medical marijuana use. After all, the state does allow people to have a certain amount of marijuana in their possession if they are prescribed cannabis by a doctor. Still, individuals without a license may be able to fight charges if they only had a certain amount on them at the time of the arrest.
If you find yourself in trouble with the law, or your family member, friend, or loved one has a run-in, you may be wondering how a bail bonds hearing works. In most cases, a bail bonds hearing is part of the process after an arrest, although that isn’t always the case with very minor crimes, where individuals are released without bond to attend a hearing at a later date.
However, understanding the bond process is not always easy, and it can be a little scary for many people who find themselves in trouble with the law, or for the individuals looking to help someone they care about stay out of jail.
Use this guide to help you understand how a bail bonds hearing works and what the process will be like. While bond hearings vary from place to place, they generally follow the same basic pattern everywhere.
Before a bond hearing
In most states, bail is set without a bail bonds hearing for minor crimes that are not likely to result in serious jail time. For example, the state of California has a bail schedule that has a set amount during specific times of year. Other states and counties have this system as well, though it isn’t a universal system that is used all over the country.
In places where there is no bail schedule in place, a bail hearing will be necessary to determine the amount the defendant must put up in order to be released.
Individuals who are being held in a federal jail also need to have a bond hearing before they can be released in all cases, because the offenses that put somebody in federal jail are generally much more serious.
Most areas hold bond hearings several times per day because they have rules that require the hearing to happen within 24 hours of the arrest. However, there are some areas where bond hearings can take up to two to three business days, particularly in bigger cities where immediate bond hearings may not be possible because of the amount of arrests being made each day.
An attorney may be able to help you move your bond hearing up if you have one and can contact them. The same attorney may be able to help you get a reduced bond amount so that you don’t have to pay as much back or put up as much collateral.
A bond hearing is set after a person is arrested to figure out how much money they should have to pay in order to be released from jail. While most people don’t pay a bond out of pocket – they go to a reputable bail bondsman instead – the court does get that money from somebody, at least in the form of a promissory, which is not from the issuer.
Bonds are given partly in order to ensure that a person who is being released from custody will show up for the court day. If they do not show up in court on the date set for arraignment or trial, they will forfeit their bond and whatever collateral that they put up with a bondsman.
How do bond hearings work?
A judge is usually present during a bond hearing since they typically take place within a court room. However in some cases, the judge may not actually be there in person in court and bond hearings can be done with the judge in a remote setting. While this isn’t relatively common, it does happen from time to time, especially in areas where a lot of bond hearings are scheduled on a regular basis.
During the bond hearing, variety of factors will be taken into account to see if the person being held requires bail bonds, how much the bond should be, and if they can be released at all. Among the most important factors is the nature of the crime, which is generally related to how serious the crime committed was. Serious offenses are more likely to result in higher bail amounts, or no bail at all.
The judge will also look at a person’s ties to the community, history of violent behavior, overall mental health, and prior criminal record. In drug or alcohol-related cases, a history of substance abuse may also be taken into account.
Generally, the more responsible a person’s past is, the more likely they are to be released without bail bonds.
Seeing or hearing that a loved one has been arrested never sounds pleasant. Regardless of what happens in the end, you will need to bail your loved one out of jail so that they can consult with attorneys and prepare a case for themselves.
Here are some steps to follow to free your loved one from jail:
Start at home
When you become aware that your loved one has been arrested, the first thing that you should do is go home. You will likely be taking and making numerous calls. One of those calls may be from the budget underwriter, who may need to contact you to exchange information numerous times throughout the ordeal.
Additionally, your home phone number is typically listed as your primary phone number in the phone book. Also, you have more privacy in your home than you have anywhere else, so you can hold meetings with privacy.
Collect the right information
The most important thing you need to do is figure out where your loved one is being held. It may be in the police station if they were arrested after hours or they may be in a local correctional facility awaiting trial. Obtain a list of offenses and the amount of money that you will need to ensure the release of your loved one.
Exchange the right information
The budget underwriter needs to know how to contact you as he will probably be doing it numerous times. To ensure that information is obtained as quickly as possible, give your budget underwriter one number to work with and proceed to answer questions as briefly and as accurately as possible. Do not be afraid to use ‘Yes’ and ‘No’ to keep the conversation short and sweet. The sooner your budget underwriter has all the information, the sooner your loved one can be released.
A false arrest occurs when somebody is held without legal authority. A bail bonds agent will be responsible for somebody that they bail out of jail until they are due for their court appearance. They are legally allowed to apprehend a defendant that they are responsible for, providing they meet certain criteria. Otherwise it will be considered a false arrest.
Terms of Apprehension
The California Penal Code states that the bail agent should always have a copy of the bail paperwork when they are tracking down their defendant. If they don’t have this paperwork, then the defendant is legally allowed to walk free, and the bail agent holding them could receive penalties and criminal charges.
The authority who released the defendant must have a certified copy of the bail bonds agreement. The name of the defendant must be clearly stated and the document must be endorsed by the bail bond agent. The name of the authority must also be listed.
Rules and Regulations
It’s the job of the bail agent to understand their right to arrest defendants. Some bail agents will abuse this power and will apprehend people without the legal authority. This can lead to criminal charges as defendants will have the right to take matters further and challenge them in court.
If you are out on bail and a bail bond agent tries to apprehend you without presenting the information that’s required, then they will have no right to arrest you. If you are in need of a bail agent, then it’s important that you choose an establishment who knows the laws properly and will ensure that they strictly abide by the rules. In order to do this you must check to make sure that the bail bonds agents have the relevant licences and experience.
President Obama has signed 23 executive actions related to prevention of further gun-related violence into law. This, obviously, was in response to the Newtown Conn. massacre of twenty children and their teachers on December 14, 2012. However, more is to be done and additional gun control proposals have been outlined by the President to be acted upon by Congress. These include: the elimination of loopholes and required background checks for all gun sales, the prohibition on high-capacity magazines to be reinstated as well as the renewal and strengthening of the ban on assault weapons.
Word on the Hill is that the Democrat from California, Sen. Dianne Feinstein, will formally roll out gun legislation in segments over the next several months. This will include the most hotly debated and seemingly divisive issue of the ban on assault weapons and the limiting of ammunition clips to 10 rounds. Also it is anticipated that Feinstein will bring forward a package that will look at creating a system of background checks that will be applied consistently for all firearm sales in retail stores, gun shows and private exchanges.
There is no doubt, based on the debate thus far, that this is a contentious issue along party lines. However, it has become clear that the Democratic Party may not be as united a front in support of Obama’s proposed legislation as first thought. Especially those democrats who are up for re-election in 2014 in gun friendly states. Those folks are weighing their options, wondering if a vote for gun control is an invitation to lose their congressional seat.
Most surprising among those weighing options is the Senate Majority Leader Harry Reid from Nevada. Reid has always been a supporter, both strategically and substantively, of Obama’s programs. And yet, with this issue he has diverged from his party. He went as far as to say that such legislation may well be “futile.”
At this most important time in our history the Democratic Party has an obligation to protect the interest of the greater good over the job security of a few. Perhaps, if our government leaders could embrace the philosophy and way of being of those teachers that sacrificed their lives in Newtown to save their students, the right choice would be self-evident to them as it seems to be to the majority of Americans.