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The Bail Process

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Being under arrest is probably everyone’s nightmare because the outcome of the alleged case can affect your freedom and reputation. If you are unlucky to find yourself in police custody in the Brea area, you should begin to find means to secure your freedom as soon as possible. Since you are not yet guilty of the alleged charge, the court will allow you to post bail to stay out of police custody as your case progresses.

At Doweny Bail Bonds, we understand the reason why your freedom is of utmost importance during these challenging and frustrating moments. We provide 24/7 services to our clients to help them secure bail bond services at any time of the day or night to secure their freedom as soon as possible.

In this article, you will find valuable information to aid you in making a knowledgeable decision about what to do after an arrest to obtain your freedom.

Understanding the Arrest and Booking Process

The criminal justice system starts with an arrest when a police officer takes you into custody and uses his/her authority to restrict your movement. The key issue in any arrest is whether the arresting officer had probable cause or not. To make a lawful arrest without violating your constitutional rights, a police officer must have probable cause to do so or an arrest warrant from the court.

A probable cause is a mere reasonable suspicion and belief that you are about to commit a crime or you are a suspect in a crime. For instance, a police officer may have probable cause or reasonable suspicion to arrest you at a DUI checkpoint if he/she finds illegal drug substances in your car.

Although you might be able to challenge the legality of the arrest later, you should comply with the officer’s instructions during an arrest. However, you should be mindful of your constitutional rights to avoid being another victim of police misconduct even if you are nervous and scared already.

Right to have a public defender by your side if you cannot afford the services of a private attorney.
Right to remain silent.
Right to know anything you say can act as evidence against you in court
Right to make a phone call before going to jail or detention hall

Once you are under arrest, you should comply with the officer’s instructions until you arrive at the station. At the station police station, you will pass through a procedure known as booking, where the arresting officer will do the following:

Record your fingerprint information
Record your personal information, including your name, physical characteristics, and date of birth
Check your criminal history.
Thoroughly search your person and seize any contraband or illegal substances associated with your offense.
Record or note down information associated with your offense

After the arrest and booking process, the arresting police officers may release you to go home if your case is minor or non-severe. However, they will give you a written citation that you should sign to promise that you will show up in court for your case hearing at a later date.

If your case is severe or violent, signing a citation or promise that you will appear in court for your case hearing will not be enough to secure your freedom. In that case, the arresting officer will keep you in the detention hall, where you will remain before your first court appearance, also known as the arraignment.

Arraignment/Bail Hearing in Criminal Justice System

Bail is the surety money that you should pay the court as an assurance that you will show up for your future court proceedings/hearings after obtaining your freedom from police custody. If you fail to show up during your future proceedings as required by the law, the court will forfeit your bail money.

The judge will decide the amount you will pay as bail to secure your release from police custody during the bail hearing or the arraignment, which typically happens forty hours after the arrest. At an arraignment, the judge will:

Explain your legal rights
Read the alleged charges against you
Inform of your rights to have a public defender to represent you if you don’t have a private attorney
Give you a chance to enter a plea.
Determine your custody status or eligibility for a bail

When determining your custody status and the amount you should pay as bail, the judge will consider the factors below:

Your community ties
Your criminal history
Your likelihood of showing up for your future court hearings
Your unique case facts
Seriousness and severity of your case

Various Types of Bail You Should Know

If you have to post bail to secure your release from police custody, you should know which type of bail to choose. Depending on your unique case circumstances and your financial capability, the court will allow you to post any of the following types of bail bonds to secure your freedom following an arrest:

Cash Bond

If your case is severe and the judge considers you a flight risk, he/she will require you to use cash to secure your bail. That means you should have the required total bail amount in cash upfront to secure your freedom, though some courts in Brea may accept a credit card, debit card, or a certified check.

If you don’t have sufficient funds to pay your cash bail, you may want to speak to a reliable bail bond company or agent with your location. A bail bond agent can assist you in paying the required bail amount at a reasonable fee to obtain your deserved freedom as your alleged case continues.

Surety Bond

A surety bond, also commonly known as a bail bond, is one of the most common types of bail since most people cannot afford to pay the required cash bail amount. A surety bond is typically an agreement between you and the bail bond company. The agreement is that you will pay a particular percentage of the required total bail amount (usually 10%), and they will cover the rest of the money.

Since the bail bond company will be liable if you fail to attend your court hearings as required, they will require collateral from you or your co-signer, for example, a real estate, vehicle, or any other kind of property.

Property Bond

Instead of posting bail using money, you may also be eligible to use your property like jewelry, house, vehicle, or land as collateral to secure your freedom from police custody if you don’t have the required bail money. However, this means of securing bail may require more time to process because the court will have to assess your property thoroughly to know its value.

The value of the asset or property you will choose to use as collateral must double your original required bail amount. Like when using cash to post your bail, you must comply with the court requirements and attend all your court hearings to receive your property back upon settlement of your case.

Using your property to secure your bail should be your last option because there could be irreversible consequences if you fail to attend your case hearing or comply with other court requirements.

Federal Bond

A federal bond is vital for any person facing a federal criminal offense like armed robbery, kidnapping, or homicide. Due to the nature and severity of these cases, a federal bond tends to be more expensive than other types of bail bonds.

Unfortunately, if you fail to post bail after arrest, you will have to stay in the detention hall with other inmates before your case is determined. Hence, most people requiring to post bail after an arrest will work with a bail bond company to make the bail process efficient and stress-free during these challenging moments.

A reliable Brea bail bond company or agent can make your bail process efficient and affordable to secure your freedom as soon as possible to go back to your family.

How to Find a Reliable Bail Bond Agent/Company After an Arrest

Once you are in police custody, you should worry about your freedom as your case continues because you are not yet guilty of the alleged charge. Brea has several bail bonds, but finding a reliable and credible service provider can be challenging.

When finding a credible and reliable bail bond’s agency to post a bail bond on your behalf, it is wise to consider the tips below to make the process less overwhelming and narrow down your options

The Bail Bonds Agency Licensing Credentials

A professional and dedicated bail bond company will comply with every legal requirement for conducting this business, including having a valid license. If your prospective service provider is unlicensed, you should worry about the quality of services to expect.

In a case where your freedom is at risk, it is wise to avoid settling for the services of a bail bond company without a license because that is one red flag about their quality of services.

The Bail Bonds Agency Experience in This Industry

To find a reliable service provider in this industry full of mediocre experts, you should consider your prospective bail bond company experience. You want a bail bond company that understands the bail process and the need for speedy actions to secure your release from police custody.

For that, you must find a bail bond company or agent with more than five years of experience in this industry to be sure of the best services you need to secure your bail or release from police custody.

Whether the Bail Bonds Agency is Available 24/7 or Not

Since police arrests are not limited to any time of the day, a reliable and professional bail bonds company should be there for their clients around the clock, seven days a week, even on holidays when most businesses are unopened. Time is of the essence when you or your friend is in police custody for any criminal allegations. If your prospective bail bond company is unresponsive to your text message or call, you should consider finding a different service provider that offers a prompt response to your concern

Whether the Bail Bond Agency Offers Bilingual Services or Not

Since there are people from different races and ethnic groups around this region, a reliable bail bond company should be there, even for non-English speakers. If you aren’t conversant with English, you should find a bail bond company with receptionists who will understand your concerns and speak the language you will understand best.

A bail bond company with a bilingual receptionist shows they are ready to accommodate and help even non-citizens seeking to post bail to stay out of police custody.

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