If you have a loved one at the West Valley Detention Center, you may be wondering about how you can get them out of custody and back home. The only way to get out of custody before a court date is through bail. It can be confusing for someone not familiar with the process, but don’t worry! You’re in the right place! We’ll help you understand everything you need to know about bail and getting your loved one out of the West Valley Detention Center.
What is Bail?
Bail is an amount of money a judge charges a person who’s been arrested in exchange for their liberty until the end of the court process. Following the court process, whether guilty or not, the bail will be returned in full, assuming the accused showed up to all necessary court dates.
How does bail work?
Bail is posted within a few days of the initial arrest. In some cases, the judge may even decide not to post bail at all and require that the accused remain in prison during the whole pre-trial period. This is usually when a violent or very serious crime is involved. However, most of the time, bail is set using the appropriate schedule that bases bail off of the misdemeanor or crime in question.
Once bail is set, all that has to happen is that the bail amount is paid to the county, and the accused individual is released. After the court process has concluded, assuming the accused arrived to all court dates, the bail amount is returned. However, this process can take up to 6 months following the end of the trial.
There are a number of different types of bail that can be paid. The most commonly used bail is a surety bond. Learn more about all of the types of bail by reading on:
Surety Bail Bond
This type of bail is more commonly known as simply a bail bond. A surety bail bond can be used to pay any amount of bail. However, this type of bail is especially useful when the person accused or their family can not afford the amount of bail required.
Typically, a friend or relative of the accused contacts a bail bond agent or bail bondsman such as Herbert Bail Bonds. A bail agent is essentially a special type of insurance company that promises to pay the full value of the bail if the accused person fails to appear at assigned court dates. With this type of bail, the person or their family only pay a small percentage of the full bail amount. The standard rate for a surety bail bond in California is 10% of the full bail amount. However, 8% is offered to arrestees who are AARP members, union workers, veterans or represented by private counsel. If you’re not sure if you apply for the discounted rate, be sure to ask. Depending on the bail amount, the bondsman may request collateral such as car or property should the accused fail to meet court dates and as a result forfeit the full bail amount that had been paid.
This type of bail is exactly what it sounds like. Either the arrestee or their family pays the full amount of the bail in cash or as a cashier’s check. Cash bail must be held by the court until the court processing is over. After the trial is over, if no court dates were missed, all of the money is returned. If not, then the money is forfeited.
Sometimes when crimes are minor or the arrestee is suspected of a nonviolent crime, the judge may choose to release the person on his or her own recognizance. That essentially means that the person is released without paying bail, but promises to show up at all court dates. However, failure to show up to court can result in a subsequent arrest without bail. Many factors come into play when a judge decides to authorize personal recognizance. Violent crimes typically don’t qualify for personal recognizance. However, everything depends on the judge.
In place of a cash bond, an inmate can sometimes provide property titles that make up the bail amount. When a property bond is used, the court gets a lien, which is a legal claim, that is placed on the property. Then, if the accused doesn’t show up to court, the court can foreclose the property in question and keep the money needed to meet bail. This isn’t allowed in all courts and restrictions apply. However, Herbert Bail Bonds can help you sort out this issue. Allow us to help you with a property bond so that you or your loved one can get out of custody as soon as possible.
Still confused? Let Herbert Bail Bonds help you with all of you bail questions. We’ve been working in the bail bonds business since 1970 and have seen it all! Our years of experience have prepared us to provide accurate and helpful advice that can point you in the right direction of getting your loved one out of custody and back to their life.
The West Valley Detention Center and San Bernardino’s judicial system in general can feel complex, confusing and intimidating all at once. However, with the help of a professional in bail bonds, you can navigate your way through the system with confidence.
At Herbert Bail Bonds, we understand that you may be worried about getting your loved one out of custody and you don’t always have thousands of dollars on hand to pay bail. Even knowing that you’ll get the money back after the court process, parting with such a sum of money as required by most bail amounts can put your family in a difficult position. Don’t suffer alone! Allow Herbert Bail Bonds to help you secure your loved one’s release and get your life back to normal. Give us a call at 800.775.6798. We look forward to serving you.