BY |

If you or someone you care about has been arrested in San Diego, you’re likely to look into San Diego bail bonds. Thankfully, you’ve come to the right place - San Diego Bail Bonds has years of experience helping individuals post bail after arrest. We provide an exemplary service that ensures you go home without paying the full bail amount. 

Understandably, you don’t know much about San Diego bail bonds. It can be a complex subject that nobody looks into until they require a bail bond. Thanks to our experience, we’re in the prime position to educate you about bail bonds and how they operate within the context of San Diego’s legal framework. 

Here are the most important things to know: 

What Are Bail Bonds & How Do They Work?

Bail bonds are agreements between defendants and the court stipulating that the defendant will appear for trial or forfeit a predetermined sum of money. They are considered surety bonds and will be provided by licensed bail bond agencies - like King Stahlman Bail Bonds. 

A bail bond works like this: 

  • You get arrested and the court sets bail 
  • You contact a bail bond company to help post bail
  • You pay the bail bond company a fee (around 10% of the total bail amount)
  • The bail bond company covers the cost of bail 
  • The court releases you and you may go home awaiting trial
  • You attend all court appearances and bail is released when your trial ends
  • The bail bond company receives its money back from the court while keeping the 10% fee from you

Overall, it’s a fairly straightforward process when you know what happens. The purpose of San Diego bail bonds is to help people get out of jail and prepare for trial. At the same time, it allows individuals to post bail without making significant financial commitments. 

What Are The Main Laws Relating To San Diego Bail Bonds?

The California Penal Code contains most legal information about San Diego Bail bonds. There are many sections and subdivisions relating to this topic, so you can read through them all at your own pace if you prefer. 

We’ve picked some of the key laws that will concern you when applying for a bail bond: 

  • Subdivision (d) of Section 1296b of the Penal Code - This outlines that the majority of Superior Court Judges in San Diego County will adopt the same bail schedule. A bail schedule refers to how much the courts will charge for bail in California. 
  • Subdivision (g) of Section 1296b of the Penal Code - Upon posting bail, the defendant or arrested individual shall be discharged from custody. This means you are legally allowed to be removed from jail once bail has been posted. 
  • Section 1270.2 of the Penal Code - Defendants are entitled to an automatic review of their bail amount within 5 days. If you are unable to pay bail or afford a bail bondsman, you can review your bail amount after 5 days to see if the court will lower it. 
  • Section 1275.1 of the Penal Code - A judge or magistrate is legally required to examine the bail before accepting it to ensure all funds were obtained legally. If the funds were deemed “illegally obtained” the court reserves the right to hold the bail. This means the individual cannot be released until an investigation is over. If it’s ruled that the funds were legally obtained, the hold must be released. If it was illegally obtained, the court can either revoke bail or increase the bail amounts. 
  • Sections 1320 & 1320.5 of the Penal Code - It is a crime to willfully fail to appear in court when required to do so under section 1320 of the California Penal Code. Should you fail to appear in court after posting bail, section 1296 stipulates that all the money and surety bonds paid are transmitted to the clerk of the court. In simple terms, you won’t get the money back - nor will your bail bond agent. 
  • Subdivision (a) of Section 1300 of the Penal Code - All bail agents may choose to surrender the defendant back to custody within 48 hours. To do this, they must have just cause. If a bail agent cannot prove that there was just cause, the court has the power to order the bail bond agent to refund part or all of the fee paid by the arrestee. 

There are also laws written in the Bail Schedule from the Superior Court of California County of San Diego. It’s worth reading through this document as it provides details on bail charges for multiple felonies. Moreover, one law worth noting is that jailers are allowed to “stack” bail when an individual commits more than one crime. They are charged individuals for the crimes committed, with bail amounts stacked on top of one another. 

However, it sets requirements for when bail stacking is and isn’t permitted. Here are the rules explaining when bail SHALL be stacked: 

  • When offenses are committed against separate victims or on separate dates, or
  • When separate sex acts are committed on the same victim, or
  • When offenses committed in a single occurrence are a separate class of crimes, e.g., a drug offense and theft offense

On the other hand, the law states that bail stacking is NOT allowed: 

  • When lesser offenses are charged along with a greater offense
  • When one criminal act is charged under many criminal statutes
  • When a course of criminal conduct violates more than one statute but is an indivisible transaction, or
  • When the theft of and possession of the same property are being charged

In these cases, the San Diego County Court rules that the highest bail shall be imposed, rather than stacking. 

What Are The Laws Regarding Bail Bond Agencies In San Diego?

As well as having a stream of laws relating to the bail bond process, bail bond agencies themselves must adhere to strict legislation. 

The following requirements are in place for a bail bond agent to legally practice in San Diego: 

  • Must be 18 or older
  • Must be a California resident
  • Must undertake a minimum of 20 hours of pre-licensing classes
  • Must pass an official examination
  • Must be licensed by the California Insurance Code
  • Must provide clear information about their name and license when operating online
  • Must follow the code of ethical conduct outlined by the California Department of Insurance
  • Must adhere to strict financial requirements to prove their financial stability

Bail bond companies are also required to follow some guidelines: 

  • The company must be based in California
  • Every employee must be a licensed bail bond agent

How To Ensure You Find A Legally Licensed San Diego Bail Bonds Agency

There are multiple reasons you need to find a legally licensed San Diego bail bonds agency. Under California law, bail bonds are only accepted when provided by a licensed bail bond agent. 

Consequently, it is very common for scam artists to take advantage of people in jail. They see your desperation to post bail and pose as a bail bondsman. From here, it’s a simple case of charging your fee before disappearing without a trace. 

You can avoid this by doing one simple thing: ask the bail bond agent for their license. When dealing with a company, ask for the licenses of any employees you’re in contact with. Legitimate bail bond agencies will have no trouble showing you the license numbers and employee IDs. However, rather than taking this as proof of legitimacy, you should use the Check License feature from the California Department of Insurance. 

This lets you type a number in and search through the department’s database. All bail bond agents with an in-date license will be listed here for you to see. It confirms that the agent is legit, so you can go ahead. 

Find The Best Bail Bond Agency in San Diego

At San Diego Bail Bonds, we aim to provide the best bail bonds service in San Diego. If you need help getting out of jail - or have a loved one in need of posting bail - we are more than happy to help. 

When you choose to partner with us, you will benefit from the following: 

  • Decades Of Experience - We’re a family business with over 75 years of experience helping people in San Diego with bail bonds. 
  • 24-Hour Bail Bonds - Our agents are on call 24/7, so you can contact us and we’ll be ready to assist ASAP. This ensures you get your bail bond sorted right away, rather than spending the night in jail. 
  • Low Rates - We pride ourselves on offering the lowest rates possible for San Diego bail bonds. 
  • Affordable Payment Plans - All of our clients can opt for some affordable bail solutions with our diverse Payment Options. We offer discounts to certain members of society and a diversity of payment plans. 

Don’t wait any longer to get the help you need. Call us on (619) 233-3383 to speak to a licensed bail bond agent!