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Have you or someone you love been arrested in San Diego? If so, you’re passing through a stressful moment in your life, and it’s easy to panic about the situation. You’re unsure what will happen next and fear that you’ll have to spend a lot of time in jail. Especially when the court administers a bail amount that you simply cannot afford. 

Thankfully, San Diego bail bonds can help. A bond exists to assist people who can’t afford to post bail, though many individuals don’t understand how everything works. After all, when would you ever come across this in any other aspect of life? It’s a rare situation to be in, so allow us to explain how San Diego bail bonds work. 

This guide will tell you how the bail bond process works in San Diego, as well as all the legal requirements related to the procedure. If you need assistance with bail bonds, feel free to contact us today. We’re more than happy to help in any way that we can. 

San Diego Bail Bonds - What Is Bail?

First of all, we must discuss bail. What is it, and are bail and bail bonds the same thing? While the terms are used interchangeably by some, it’s important to note that they do differ. 

Put simply, bail is a sum of money one must pay the court to be released from jail. As per San Diego County laws, jailers are legally required to accept bail and release persons held in custody upon felony, misdemeanor, and infraction charges. If you are charged for multiple offenses, you’ll receive different bail charges for each offense and must pay them all to be released. 

What determines bail? 

A long list of factors will determine your bail amount, but it usually relates to the crime severity. Minor crimes will elicit smaller bail sums while major ones can be in the millions. It is believed that the average cost of posting bail in San Diego is anywhere between $20,000 to $50,000. Also, keep in mind that repeat offenders will have higher bail than first-timers. This is because they’ve already been arrested, so they’re deemed a greater risk. 

What happens after bail is set? 

When bail is set, you must pay the entire amount if you wish to be released from jail. Failure to do so will mean you must stay behind bars until court dates. If you believe you’re innocent, this can mean spending unnecessary time in jail. Bail exists to help people get out and prepare their cases. 

However, what happens if you can’t afford bail? $20,000 is a lot of money - even half of that is too much for the average person to spend in one go without warning. This is where you’ll turn your attention to San Diego bail bonds. 

Bail Bonds Explained

A bail bond is a way of posting bail without paying the whole amount. You will use a licensed bail bond agency - like San Diego Bail Bonds - to cover the costs. The bail bond acts as a guarantee between the bail bond agency and the courts, ensuring that you will attend all pre-determined court dates and will follow all rules relating to being released on bail. 

The person who has been arrested - you or your loved one - will not have to post bail. Instead, you will pay a fee to the bail bond agency, which is normally around 10% of the bail amount. If we take prior figures into account, you’d pay $2,000 rather than $20,000. Immediately, this becomes a more manageable financial situation for everyone involved. 

Should you attend all court appearances, the full bail amount will be waived, and the bail bond agency is not charged. They will retain the 10% you paid them as their fee - it’s how bail bondsmen in San Diego make money. 

However, if you break the terms of your bail agreement, the court may hold onto the full bail amount. This will mean the bail bond agency has paid in full and could take legal action to ensure you cover these losses. In some cases, this may involve seizing your property or assets - it depends on the type of bail bond you’ve chosen. 

The Two Main Types Of San Diego Bail Bonds

Typically, a bail bond agency will offer two types of bonds for San Diego residents: 

  • Surety Bonds - This is the traditional bail bond and it works as discussed above. You pay a fee and the bail bond company pays the rest. Money is then returned to the company if you attend your court appearances. 
  • Property Bonds - In some cases, you may opt for a property bond. Here, your property is used as collateral for the bond. If all goes according to plan and your bail is waived at the end of your trial, then nothing happens. However, if the full bail amount is kept by the court, the bail bond agency can use your property as collateral. They’ll seize ownership of it and can sell it to regain the money they lost. 

In most instances, it is much smarter to obtain a traditional surety bond when posting bail. Property bonds or bonds when other assets are used as collateral carry more risks. 

The San Diego Bail Bonds Process & Legal Procedure

Now that you understand how bail and bail bonds work, let’s look at the San Diego bail bonds process and legal procedure. We will provide a timeline of what happens before, during, and after obtaining a bail bond. 

Step 1: Booking

Once you’ve been arrested, a police officer will take you to jail for booking. The police booking procedure enables the jail to officially document your arrest. They must state why you have been arrested and will take down your personal information. This includes: 

  • Full legal name
  • Current legal address
  • Documented date of birth
  • Mugshot
  • Fingerprints

Step 2: Setting Bail

Following the booking procedure, a judge will determine bail for your case. This is the fee you must pay to be released. At this point, you’re able to contact your attorney or someone in your family. Remember, severe crimes will yield higher bail, as will crimes committed by repeat offenders. 

Step 3: Posting Bail

The next step is to post bail so you can get out of jail and back to your home/family. If the amount is small enough for you to cover, you can pay in cash. This will technically be a cash bond as the court will hold the money and return it when your case is closed. 

Nevertheless, most individuals are encouraged to obtain a bail bond. Contact a reputable bail bond agency in San Diego to start the whole process. The current San Diego County laws state that bail is only accepted once the incarcerated individual has cleared the wants and warrants process. 

Before accepting bail and releasing you from jail, the court will run a check to see if there are any outstanding arrest warrants either within the state or from other parts of the country. If there are, bail will not be posted and you’ll have to face trial for whatever the warrants pertain to. 

When everything goes according to plan, the bail bond company can contact the jail and arrange your release. They will post bail after you have paid their fee (usually 10%, but can be higher if you’re a repeat offender) and you are cleared to leave. 

As per the San Diego County Sheriff’s Department, established procedures are in place for the acceptance of bail. This is done to eliminate duplicate bonds and includes the following: 

  • All bonds are verified, date/time stamped, and entered into the JIMS one at a time with a bail bond agent present
  • The processing of any bond will not be delayed under any circumstances
  • Once verified, bonds are processed immediately
  • Bail is accepted up until 03:00 hours on the scheduled court date

Step 4: Leaving Jail & Attending Court

With bail posted, you’re allowed to leave jail under certain stipulations. In San Diego, it is illegal to move out of state unless you’ve received written confirmation from the court. If it’s discovered that you crossed state lines, your bail may be rescinded as it is considered a breach of your agreement. 

Additionally, bail is void when you are arrested for other crimes during this period. 

If you stay within the state of California and don’t commit any crimes, the only other thing to be aware of is court dates. You must attend all of them. If you miss one, your bail will be canceled and the court will retain all the fees. This will put you in trouble with the bail bond company as they can force you to pay the full bail amount. 

So, always make sure you know your court dates - most bail bondsmen in San Diego will work closely with you and send reminders to ensure you always attend court. They may also come and take you to court personally and have the right to hire bounty hunters to track you down if you don’t respond to their messages. 

Attend your court dates and bail will be returned to the bail bond company following the conclusion. Contrary to popular belief, it does not matter if you win or lose the case. As long as it ends, the court won’t hold onto the bail amount. 

Legal Requirements For San Diego Bail Bond Agents

During the process outlined above, there will be a moment when the San Diego Sheriff’s Department will verify the validity of your bail bond. This is done to ensure that bonds are only provided by legitimate bail bond agencies. 

The legal requirements are listed below: 

  • Bonds are only accepted by authorized bail bond agents in the state of California
  • Bail agents must provide an ID card stating they are a licensed bail agent within the California Department of Insurance
  • Bail agents must have a valid state driver’s license/ID card to confirm their identity

It is also noted that bail bonds cannot be withdrawn by the bail agent unless there are unforeseen circumstances. This mainly means the bail bond company posted bail, but it was then discovered that you had a pre-existing arrest warrant. In this case, the company is contacted by the court and offered the chance to withdraw their bond. 

How To Select The Right Bail Bond Company in San Diego

If you need a bail bond company to help get you out of jail, you’ll be faced with numerous choices in San Diego. The question is, how do you pick the right one? Here are some crucial considerations to help you make the best decision: 

Must Offer A 24/7 Service

You never know when you’ll be arrested - it could be in the middle of the night or early morning - so you need a bail bondsman who will instantly be available. At San Diego Bail Bonds, we offer a 24/7 service in San Diego. This means you can obtain a bail bond at any time of day. 

Needs To Provide Payment Options

For some, paying the bail bond fee is still a considerable financial commitment. You need to hire a bail bond agency that provides different payment options. We’ve got a plethora of bail bond payment options and deals for you to explore. This includes multiple payment plans and discounts for military members and members of unions. 

Must Be Experienced And Legitimate

Finally, you must choose a San Diego bail bonds company with years of experience and proof of legitimacy. Our track record speaks for itself as we’ve helped thousands of people across San Diego with bail bonds. We’re officially licensed and authorized to operate throughout the state of California and can provide evidence of this upon request. 

Get Help With San Diego Bail Bonds Today

Don’t waste time if you or a loved one has been arrested. Contact San Diego Bail Bonds today and we’ll help you get out of this horrible situation. We provide FREE estimates and the lowest rates possible.