An Explanation of How Bail Bonds Work

How can someone be released after being arrested by an Irvine police officer?

Depending on the crime committed in Orange County, there are generally 3 options available and all of them have their own advantages, including:

1. Release on Own Recognizance (R. O.R) 

2. Cash Bail.

3. Surety Bond.

Surety Bond

Not everyone in Irvine can afford to pay the money for the release of the defendant as security and in this case, the alternative is the surety bond. When going down this route, a contract will be made involving an admitted underwriter that has assets evaluated to equal the bond’s value. In case the defendant doesn’t appear at his scheduled Orange County court appearance, then the bond forfeiture is going to fall upon the bail agent’s shoulders, who becomes responsible for paying it. His guarantee is made by putting up property as collateral.

Since this is a service, the defendant needs to pay a certain fee for it. By using his property as collateral and by involving the defendant’s friends and family, the bondsman has the guarantee that the accused won’t fail to be present in court at his appearances.

When this procedure is concluded, a bond will be posted by the Irvine bail bonds agent for the entire bail amount, which gives an assurance the accused will be present in court as scheduled.

Since there’s a lot of money involved, financial agents have a pecuniary interest in keeping an eye on the defendant and making sure that every time they are directed by the judge to be present in court, they will be there. If the defendant skips though, the Irvine bail bonds agent has the finances and time to take action in order to bring him to court.

What fees are charged for surety bonds?

The bail fee in California is generally 10% of the entire bail amount, but one should note this is subject to underwriting criteria and a minimum fee. As an example: If someone driving in Irvine gets arrested for a DUI, and a bail amount of $35,000 is set, the charged fee is $3,500.

Can I get a partial or full refund of my premium?

After the money for assurance is posted with the Orange County court or even the Irvine  jail, the 10% fee is fully earned. The money goes to the surety companies and Irvine bail bonds agent, since this is the way they earn their living.

What is collateral?

Collateral is described by something that has enough value to secure a bail bond from a financial point of view.

What can the defendant use as collateral?

There are many things people can use as collateral and some of them include electronics, boats, properties, jewelry, credit cards and so on.  As a last resort, some people in Orange County will go to a pawn shop.

How long until the collateral is returned?

While many Irvine residents are a bit impatient and nervous about their collateral, this is generally refunded the minute the court has concluded the defendant’s case, when all the fees have been fully paid and the bonds exonerated.

What is bail and how does it work?

When someone commits an offense in the state of California and is arrested for it, before getting incarcerated in the Orange County jail or local station lock-up the individual will first of all need to be booked into the Irvine jail. After that, his case will be analyzed and he’ll generally have a few options for release before the Orange County judge will reach a conclusion for his specific case. The reason bail is used is because it’s a very strong guarantee that the defendant appears in court at a date and time set by the judge.

Cash Bail

In a cash bail the defendant is required to pay the full amount ordered by the judge in order to be released. Until he appears in court so the case can be concluded, the money will be held by the court. Full cash bonds almost always guarantee the individual will appear in court, because of the great amount of money involved. If the accused appears for all of her\his court appearances, then typically the money bail is returned at the end of the trial.

R.O.R.

While waiting for his trial, the defendant can be released through a special pre-trial release program that is administered by the Irvine Police Department or by the Orange County courts. Most of the times the members of these programs will take it upon themselves to interview the accused and take the necessary steps to ensure the defendant is released on their own commitment. This means there is no cash security that may ensure the accused will return to court.

These interviews are typically carried out over the phone, without the interviewers knowing too much about the defendant’s background. The purpose of the interview is to find out whether the accused will appear in court or not. In general, the information the interviewer receives from the detainee is not verified and because no bond, property or cash is posted to guarantee his appearance in court, the detainee will face no financial hardships for his conscious decision of skipping court.

Does being released from jail take a long time?

First of all, there are 2 types of jails, including the Orange County and the local city jails.

When it comes to the Orange County jail, the Sheriff is in charge of it, while the Irvine jail is operated by the Irvine Police department. When an offender is booked into an Orange county Jail (his warrants were checked, he got photographed and fingerprinted) it usually takes between 20 to 45 minutes for him to be set free after he or one of his relatives has contacted an Irvine Bail Bonds agent.

On the other hand, being booked into an Orange County jail means that the defendant needs to wait a bit more until he can be set free on bail. It generally takes from two hours to eight hours for most cases, but the period is extended to twenty four hours. While there are efforts made in order to make the process a bit faster, the Orange county jail and city jail function at a different pace and they can’t be rushed. Irvine Bail Bonds makes every possible effort to ensure a speedy release for the defendant and in many cases they are released in just a few hours. Contact us NOW so that we can offer you complete assurance that we’re going to accompany you at every step of the process, so that you can return home to your family and friends as soon as possible. We’re conveniently located in Irvine, California.

by Sarah Torres

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