Frequently Asked Bail Bond Questions

Five release options are available: cash bond, surety bond, property bond, own recognizance (O.R.), and citation release.

• Cash Bail Bond: To be released on cash bail, someone must post the total amount of the bail in cash to the court. This aims to secure their return to court on an appointed date and after that until the case is concluded. If the defendant shows up for his / her scheduled court appearances, the cash is returned to him/her. The cash bond is forfeited to the court if it fails to appear.
• Surety Bail Bond: An alternative to cash bail is posting a surety bond. This process involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. The bail agent ensures the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. The bail agent's guarantee is made through a surety company and/or by the pledge of property owned by the agent.
• Property Bail Bond: In rare cases, an individual may obtain release from custody by means of posting a property bond with the court. Here, the court records a lien on the property to secure the bail amount. If the arrestee subsequently fails to appear at the scheduled court date, the court may institute foreclosure proceedings against the property to obtain the forfeited bail amount. 
• Own Recognizance (O.R.): Another method of release pending trial is through a county or law enforcement-administered pre-trial release program. Usually, the staff members of these programs interview individuals in custody and make recommendations to the court regarding the release of these individuals on their own recognizance (i.e., without any financial security to ensure the interviewee's return). 
• Citation Release: This procedure, known as the "Cite Out," involves the issuance of a citation by the arresting officer to the arrestee, informing the arrestee that he or she must appear at an appointed court date. The Cite Out usually occurs immediately after an individual is arrested. Such an arrestee's appearance in court depends exclusively upon the integrity of the arrestee and his or her voluntary return to court.

Forfeiture occurs if a defendant fails to appear in court as scheduled. In this event, the bail bonds company has approximately six months to "surrender" the defendant to the court with no financial consequences. If this does not happen, the bond is payable to the court by the bail bonds company.

A "premium" is the amount paid to a bail bonds company for the many services and financial risks assumed by the bail bonds company on behalf of the defendant. This premium is usually 10% of the amount of the bail. This is similar to the payment of any premium for an insurance policy.

Yes, Bail Bond Agents must undergo a background check, pass a four-hour examination, and obtain a California Department of Insurance license. To maintain the license, agents must attend eight hours of continuing education a year.

Per state law, a bail agent charges the amount of the premium.

A Bail Contract spells out the relationship and obligations of the defendant, the court, the bail bonds company, the surety insurance company behind the bond, and the indemnitor of the bond.

A bond is in effect until the defendant completes his obligations to the court. This usually means it ends when the defendant appears in court when scheduled.

With his / her money on the line, a bail agent has a financial interest in supervising bailees and ensuring they appear for trial. If a defendant "skips," the bail agent has time and the financial incentive to find and bring them in. Significantly, commercial bail bond agents profit only when the defendant shows up for trial. At Jose A. Gonzalez Bail Bonds Inc., we also provide various social services and community resources to help the defendant and his family in numerous ways.

Relatives and friends of the defendant usually supply collateral and provide added financial security to ensure that the defendant appears in court when he or she is supposed to. Collateral can be in the form of anything of financial value legally pledged to back up the promise that the defendant will appear on his or her appointed court date.

This is considered a "forfeiture."

No. The premium amount is for the many services the bail bonds company provides to release the defendant from jail and make sure he appears in court. The premium is not refunded when the defendant appears in court - even if the charges are dropped.

Collateral is returned to its owners immediately following the court's payment of all premiums and the "exoneration" of the bond.

A bond is "exonerated" when the defendant appears in court as scheduled. This means that neither the people who supplied collateral nor the bail bonds company has any further financial obligation to the court about the defendant's case.

Misdemeanors are crimes punishable by up to one year in the county jail, such as petty theft and drunk driving.

Felony crimes are punishable by one year or more in a state prison. Examples of felony crimes are rape, murder, and armed robbery.

The person arrested.