FAQ and Links

If arrested, what are the available release options?

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

Surety Bail 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 guarantees to 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.
Money-Cash Bond: To be released on cash bail, someone must post with the court the total amount of the bail in cash. The purpose of this is to secure his or her return to court on an appointed date and thereafter until the case is concluded. If the defendant shows up for his/her scheduled court appearances, the cash is returned to him/her. If she/he fails to appear, the cash bond is forfeited to the court.
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 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 pretrial release program. Usually, the staff members of these programs interview individuals in custody and make recommendations to the court regarding release of these individuals on their own recognizance (i.e., without any financial security to insure 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 voluntarily returning to court.

What does "forfeiture" mean?

Forfeiture occurs if a defendant fails to appear in court as scheduled. In this event, the bail bonds company has approximately six months (depending on the State and type of bond) 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.

What is a "premium"?

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. The amount of this premium is usually 10 percent of the amount of the bail. This is similar to payment of any premium for an insurance policy.

Are bail bond agents licensed and registered?

Yes, bail bond agents must undergo a background check, pass a four-hour examination and obtain a license from the California Department of Insurance. To maintain the license, agents must attend six hours a year of continuing education.

How much does a bail agent charge?

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

What is a bail contract, and what are the main terms?

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 indemnitors of the bond.

What is the duration of a bond?

A bond is in effect until the defendant completes his obligations to the court. This usually means that it ends when the defendant has appeared at the final scheduled court date. Most Surety Bail Agreements are “per annum” (must be renewed at anniversary date).

What does a bail agent do for the consumer?

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

What is "collateral"?

Collateral is usually supplied by relatives and friends of the defendant and provides 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 that is legally pledged to back up the promise that the defendant will appear on his or her appointed court date.

What happens if the defendant fails to appear?

This is considered a "forfeiture."

Is the premium paid refundable?

No. The premium amount is for the many services provided by the bail bonds company 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.

When do I get my collateral back?

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

What does "exoneration" mean?

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

What is a "misdemeanor" crime?

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

What is a "felony" crime?

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

What is a defendant?

The person arrested.