An often unknown fact is that bail bonds and bondsmen play a different role in federal court than they do in state court. In contrast to the procedures in state court, it’s not easy to get a bail agent to go to jail and help a loved one get out. In federal courts, the bonds used are either signature bonds or property bonds.
Signature bonds are unsecured bonds resembling a promissory note, typically signed by an accountable third party.
Property bonds are secured by the property, nearly always real estate.
Possibilities for bail in federal court take a few days or maybe weeks to submit and involve a complicated procedure. A property bond needs a current appraisal.
It needs the filing of notarized documents with the county recorder’s office also an updated lot book report from a title company. Every step should be done properly and in order. Determination for bail is often made by the judge handling the case.
The process is complicated and it requires a bail bond professional to handle the signature and property bonds. A bail bond professional has in-depth expertise with this process and can do an excellent job.
How Will the Court Determine the Bail Amount?
There are two different scenarios during which you will be brought into court in a federal case, each entailing a different bail posting procedure.
The first and clearly better way to be brought in to a court hearing is on a summons, meaning you will have likely worked out a pre-indictment resolution of your case with the U.S. Attorney’s office. The resolution will refer to a bond amount and to an arrangement for you to appear in court on a given date. Also, you'll have the appraisal and necessary documents ready so that a bail bond professional can post the bail in one or two days.
In the second scenario, you are arrested and brought into court in a federal case. In this case, bail is going to be determined at a detention hearing before a federal magistrate judge. The judge will come to a decision as to whether or not you're a flight risk and whether or not you are a risk to the community.
The problem of flight is determined based on a variety of factors including:
- Prior criminal record
- How long you have lived in the district
- Community and family ties
- Employment and education
- Whether or not you travel often
- Whether or not you have a passport
- Whether or not you have warrants or failures to appear
- Whether you have ever used any aliases
The court will want to find out whether or not you've got any financial resources. The court will take into account if you or a family member are willing to post equity which may be available in real estate.
Whether or not you'll be thought of as a danger to the community depends primarily upon your charges and any previous criminal conduct. If somebody is seen as a danger, a bond won't be granted.
The court can typically release you straight off with the signature of an accountable third person pending the completion of the bond posting.
The court can set specific conditions of bond. These conditions nearly always involve pretrial services report, similar to being on probation during the trial. You'll stay inside the district in which you're charged unless you've got permission from the court to travel outside. You have to stay away from any bus station, train station, airport or seaport; and you have to surrender your passport to the court. Drug tests are needed in cases where there's info or allegations of drug use. Violation of any of the terms or conditions may cause the court to revoke the bond and arrest you.
Contact a San Diego Bail Bonds Professional to Help You Through This Process
When it comes to cases of protecting your rights, is important to arm yourself with the necessary knowledge. King Triton Bail Bonds is here to help you when you need it most. We understand that when people make mistakes the system can make it difficult for them to get out of jail. This is where our expert bail bondsman is ready to assist you in this hard time. We will listen to you, gather the information on the case, assess the situation, and give you the best possible assistance. Once your loved one or friend is released from jail we will handle the paperwork and remind you of your pending court date.
Ian Pellegrini is a San Diego bail bondsman and is ready and prepared to help anyone in the County. His experience as a bail bondsman allows him to get your loved one or friend out of jail as quickly as possible.