Frequently Asked Questions
WHAT IS THE PURPOSE OF Irvine BAIL BONDS?
Irvine Bail Bonds’ prime purpose is to make sure a defendant adheres to their court dates. We provide an opportunity for a defendant to be released so they can hire a lawyer and prepare for their court case. Should Irvine Bail Bonds fail to have a defendant appear before the court when required, it becomes our responsibility to take the defendant back in to custody and before the court.
IF A FAMILY MEMBER OR FRIEND OF MINE HAS BEEN ARRESTED, WHERE ARE THEY TAKEN?
Where a defendant is taken can depend on where they were arrested. Usually, a defendant will be transported to the local precinct in the district of the arrest. They will then be fingerprinted and surrender all property on their person. It is not uncommon for a defendant to sit in a precinct for up to 12 hours or more until they are presented before a District Court Commissioner. The state of California has, by law, up to 24 hours to present an inmate to a Commissioner. You can call Irvine Bail Bonds to inquire as to where someone has been detained and transported.
WHAT HAPPENS WHEN THE INMATE IS BEFORE THE COMMISSIONER?
When an inmate appears before a District Court Commissioner, it is called the “initial bail hearing.” This hearing is where the Commissioner will review the charges, the defendant’s criminal history, and other basic information pertaining to the defendant. The Commissioner will then set a bail amount based on this information. Immediately following the bail setting, the case becomes active, and it is at this time that Irvine Bail Bonds can post the bail. Bail can never be posted prior to the “initial bail hearing.”
AFTER THE DEFENDANT HAS SEEN THE COMMISSIONER, WHERE ARE THEY TAKEN?
In the event that bail has not been arranged, the inmate will then be transported to a detention center. There is really only a small window of opportunity for the defendant to be bailed out while at the Commissioner’s office. Which detention center they are transported to will again depend on where they were arrested as well as the Commissioner’s determination.
WHAT IS A CASH BAIL? AND CAN IT BE POSTED BY A BAIL BONDSMAN?
Irvine Bail Bonds is often asked this question. We can not post cash bails. In the event that a Commissioner sets the bond as cash, it means that the entire amount of the bail has to be paid directly to the court. This is done to ensure that the defendant will show up for their scheduled court dates.
Once the defendant shows for court, the money will be returned; however, there are exceptions. In some cases, the money may be held and put towards services rendered or child support as “restitution” to the person owed.
HOW DO I KNOW IF I HAVE A PRE-SET BAIL, AND WHAT IS A WARRANT?
Warrants are lawful claims to make an arrest. There are many reasons why someone will get a warrant. Most commonly, a warrant is issued when a defendant has failed to appear in court and/or a probation violation. Usually when a defendant fails to appear before the court on a charge that could carry a jail sentence, the Judge issues a “pre-set bail.” This is a bail determined by the Judge, and is usually unable to be changed. In determining a pre-set bail, the Judge will take into consideration the charge the defendant is facing as well as their previous criminal history.
If you believe you may have a warrant out for your arrest, it is recommended to make inquiries and take care of it as soon as possible.
HOW DOES ONE QUALIFY FOR Irvine BAIL BONDS?
Bail bonds are, in essence, loans. Therefore, the same basic criteria is required as if you were applying to a bank for finance. Such relevant information required and necessary for the approval or denial of any bail bond will include:
- The bond amount
- the actual charges
- who will be the guarantor or indemnitor (the person who will be signing on behalf of the defendant in custody.)
Other information will include:
- Stability (How long have they been at their place of residence and job?)
- Ability (Is the bond able to be paid in full should the defendant run?)
- Willingness (Does the indemnitor or guarantor have acceptable credit and own assets suitable to be liquidated if the defendant runs?)
Other factors that will come into consideration include the integrity of the defendant—for example, do they have a criminal history? If so, what is it? Are they gainfully employed? Do they have a family? Are they a citizen? Do they possess a passport?
All criteria will depend on the nature of the alleged crime, and the amount of the actual bond.
HOW MUCH DOES IT COST TO GET A BOND?
All bonds in California are regulated by the Department of Bonds Corporations, who regulates the rates for all bonds. Currently, the legal rate is 10% for standard underwriting. Some surety companies are approved to write bonds at 8%; however, conditions do apply. Union card holding members that can present a current card are eligible for an 8% rate, as are clients who are referred by their attorney.
Standard Underwriting: 10%
Example: Bond is $10,000.00 X 10% = $1000.00, plus surety bond cost of $10.00 to $15.00 depending on surety company.
Exception Underwriting: (8%)
Example: Bond is $50,000.00 X 8%= $4000.00, plus the $10.00 to $15.00 surety bond cost.
These rates are regulated by the Department of Insurance and adhered to by our business.
CALL US NOW AT 626-415-4062 OR SEND US A MESSAGE.
WE ARE AVAILABLE 24/7!
ARE PREMIUMS REFUNDABLE?
Premiums are not refundable. This is part of the business cost associated with posting a bond on behalf of a defendant.
HOW LONG AFTER THE CASE IS OVER WILL COLLATERAL BE RETURNED?
Once the court has issued us written notification that the case has been finalized and that the bond is exonerated, we then have 30 days to return any collateral or make a request for the reconveyance on recorded deeds of trust.
HOW LONG ARE Irvine BAIL BONDS GOOD FOR?
A Irvine bail bond is good for one year only. Should the case extend beyond one year, the premium will need to be paid again in order for the bond to remain in force.
WHAT THE ANNUAL PREMIUM ISN’T PAID AFTER THE FIRST YEAR?
Irvine Bail Bonds does have the authority to acquire an arrest warrant for the defendant, who will then be taken back in to custody and surrendered for default and violation of the contractual agreement of bond.
ARE Irvine BAIL BONDS PERMITTED TO UTILIZE YOUR COLLATERAL?
Irvine Bail Bonds is never permitted to utilize your collateral. In fact, your collateral must be in kept in safekeeping with our insurance company.
WHAT HAPPENS IF THE PERSON YOU SIGNED FOR DISAPPEARS?
As you have signed a legally binding contract that makes you responsible in the event that the defendant disappears, you will be responsible for all costs relating to the bond. The court permits a period of six months in which to locate the defendant; however, should they not be found, you will be responsible for the entirety of the bond and any associated costs.
IF THE CHARGES ARE DROPPED THE DAY AFTER BONDING, IS ANY MONEY REFUNDABLE?
Unfortunately, we have no control over the case or bond after it has been posted. Any money paid at the time the bond is accepted and remains with the court.
WHAT HAPPENS TO THE COLLATERAL THAT IS SECURING THE BOND IF NO PAYMENTS ARE MADE AFTER THE YEAR?
Irvine Bail Bonds will remain in possession of any and all collateral until payment has been received. Collateral will be returned upon receipt of payment.