Los Angeles Bail Bonds …just another day

There has been an uptick lately in bail scams in Los Angeles County.  Yesterday afternoon, as a client was getting out of their car to come into my office in El Monte, a truck pulled up and asked the people if they were getting a bail bond (talk about gorilla marketing!).  They told them not to go into my office, they can write the bond.  They proceeded to tell them that they could do it faster (I guess because they were on the street) and would do it for a $1,000 discount (which is illegal, by the way).  The public needs to be aware of these people and not deal with “bail agents” who work out of their car on the streets.  The bail industry has a hard enough time keeping it’s image above water without these hoodlums running around making us all look like decrepit, money grubbing, con artists.

Apparently this may come to pass.

I have a client who had a traffic ticket.  He was given a fine by the Court and told to pay it by a certain date.  On that date, he asked for an extension.  On the extension date, he asked for another extension.  On the date of the extension’s extension, he did not bring the money to pay his fine.  The Judge, clearly upset, took him into custody and set bail at $25,000.

When we contacted the Los Angeles County Jail to get the bail information, they informed us there was an INS hold on him.  I contacted the family and found out that he was having issues with his visa.  He already had an attorney and had a hearing date set for a few weeks down the road.

He now sits in the County Jail, unable to make bail, waiting to see if he gets deported.  Strange, but true.

Well, sir, that is a good question!

Strictly speaking, the answer to you question is a resounding…. NO!  In the State of California, you can us:

1. your real estate to post bail (Property Bond)
2. your hard earned cash for the full amount of the bail (Cash Bail)
3. a bail bondsman’s money (Surety Bail)

The above three (3) choices can have a big impact on your life for very different reasons.

If you go with option 1. (Property Bond) You may have to spend a little more time in jail while waiting for the jurisdiction you are residing in to come up with a valuation of your property and a ruling as to whether or not it is sufficient to cover the bond.  The period of time in history being “The Great Recession” makes it much more precarious to get the valuation you want to be able to use your property.

If you go with option 2. (Cash Bail) you are putting your full faith and trust in the court system.  Not only do they hold your money without giving you any interest, any fine or restitution can be taken from the money you have put up with the court.  The court being a part of the State and the State being in a financial mess, I wouldn’t want them controlling a large sum of my money with the ability to hold as much as they want in “fines”.

If you go with option 3. (Surety Bail) you get to play with someone else’s money.  Sure, you have to come up with the 10% fee on the bail, but the other 90% never comes into play as long as you make your court appearances.  Bail bonds companies usually charge 10% of the total bond amount.  This is regulated through the California Department of Insurance.  If the bail is set at $30,000, it would cost the person assuming responsibility for the defendant (indemnitor), $3,000 to bail out their friend or family member. This is a fee to the bondsman for assuming the liability of the full $30,000.

There you have it.  You don’t have to use a bail bondsman to get out of jail, but it sure does make sense to use one…

Martin Luther King Jr’s struggle against racism was aided by the bail agents willing to help out those incarcerated by the powers that be.

A bail bond is a contract guaranteed by a bail agent and a defendant who is posting bail. The agent is guaranteeing the court that the defendant will appear in court whenever summoned by the judge until the case is adjudicated.

A panel of judges determines the total amount of the bail considering the seriousness of the charges that the defendant is being accused of. A bail agents fee is ten percent of the total bond which is determined by the panel of judges.

Insurance companies provide bail bonds through a bail bondsman who acts as an agent for a company to secure the release of an accused defendant pending trial.

A bond is usually good for one year and if a case goes beyond that point, an additional premium has to be produced in order to keep the bail bond working. The additional fee is up to but not more than another ten percent of the original amount of the bond.

Most jails accept bail bonds 24 hours a day, 7 days a week, 365 days a year. Most bail agencies are open on the same hours.

It is up to the defendant to decide which release option fits him or her personally. There are many different types of release options that one can choose from including cash option, security bond, property bond, own recognizance, and citation release.

There are a few things that one needs to take care of before hiring a bail bond agent. One should only hire a licensed bail agent and prior to any transaction, one should ask to see the agent’s license and identification.

The bail agent provides an avenue for the incarcerated person to be out of custody until his/her day in court, allowing the defendant to continue his/her day-to-day life until the criminal matter is resolved. The bail agent will provide the following:

• Receipts and copies of all signed documents.
• Information regarding the status of the bond and changes in assigned court dates.
• The status of any costs due, as imposed by the court.
• Assistance in locating the defendant should a forfeiture occur.
• Appearance before the court regarding the bail bond when such appearances are necessary (sometimes requiring the hiring of legal counsel).
• The timely return of collateral upon exoneration of the bond.

Bail agents are licensed and regulated by the California Department of Insurance. You can obtain the licensing status of a bail agent by contacting the CDI Consumer Hotline at 1-800-927-4357 or by visiting CDI’s Web site at www.insurance.ca.gov.

Length of the contract. The bail bond runs for the length of the case that is being bonded. However, the agreement may provide for the payment of premium at inception, and upon “renewal” on an annual basis. Once paid, premium for a bail bond is not refundable.

Reduction of Responsibility. Although not usually the case, a court may reduce the amount of bail required. If a bail reduction occurs, the bail agreement should be amended to reflect the reduced exposure of the bail agent and surety insurer. A bail reduction does not result in a refund of premium paid, although it may result in a partial return of collateral. If a bail reduction occurs, it should result in a reduced renewal premium. Under any circumstances, where a bail reduction has occurred, the bail agent and insurer cannot recover more than the amount to which they are actually exposed, plus necessary related expenses.

The Eighth Amendment to the U.S. Constitution requires that bail not be excessive. This means that bail should not be used to raise money for the government or to punish a person for being suspected of committing a crime. The purpose of bail is to give an arrested person her freedom until she is convicted of a crime, and the amount of bail must be no more than is reasonably necessary to keep her from fleeing before a case is over.