Options For Securing A Release From Jail
When an individual is arrested within California, there are some options available to them in order to secure their release from custody. Some of these options will require a monetary contribution, however, some will not.
Release on a bail bond, is definitely the most often utilized option. Being able to get a bail bond, or Surety bond as it is also known, requires entering into a legal agreement with a licensed bail bond company, or bail bonds agent. Usually, the release of an accused person is organized by a family member, or even close friend. The family member, or friend, will initiate the release process by contacting a bail bonds firm. The defendant’s release from custody will occur shortly after all necessary paperwork has been filled out, and the actual bail has been set by the Judge. A bail bond is a guarantee that the accused will show up for all court appearances. If the defendant does not meet these requirements, the bail bond firm will then need to locate the missing defendant, return them to the court, to ensure they will be refunded the bail they posted on behalf of the accused.
Another option that may be available to the defendant, is to be released on their “own recognizance,” or “O.R,” as it is also known. With this option, a Judge believes that a defendant will keep their promise to appear for all required court appearances. No money is required for this option, nor is a bail bond company.
Cash Bail is one of the options that may be available to an arrested person, and also does not require the assistance of a bail bond agency. If permitted by the Court, the defendant can pay the bail in cash, or cashier’s check. If the defendant adheres to all court stipulations, the cash bail will be refunded at the completion of the case.
A further option is a Citation Release, or “Cite Out.” This is when a defendant is imply handed the written charges, together with the information relating to their court appearance, and are free to go. This can occur with minor violations.
The one option used the least, is a Property Bond Release. If a defendant opts to use this method, either the defendant, or a willing family member, will use their property assets as surety for bail. This method is usually utilized in the case of an extremely expensive bail. The property will have to equal 150% of the bail amount to enable the court to record a lien on the property. A certified appraisal will also have to be performed, as well as a title search, and equity. Should the defendant fail to honor their agreement, the court can then foreclose on the lien. As this option takes a considerable amount of money, time, and effort, it is not used that often. Most defendants prefer to be released as quickly as possible, and this option slows the process down.