Frequently Asked Questions
WHAT PURPOSE DOES Newport Beach BAIL BONDS SERVE?
The main purpose of Newport Beach Bail Bonds is to ensure a defendant’s court appearance. Newport Beach Bail Bonds provides the opportunity for a defendant to secure their release from custody, see to their legal defense, and prepare for their court appearance. If a defendant fails to appear in court, it is the responsibility of an Newport Beach Bail Bonds’ agent to reprimand the defendant and take them into custody.
A FAMILY MEMBER OR FRIEND OF MINE WAS JUST ARRESTED, WHERE ARE THEY TAKEN?
This depends on where and when the arrest took place. Generally speaking, an arrested person is conveyed to the local precinct following an arrest. They are fingerprinted and all property is handed over to the police. It is not uncommon for an inmate to wait as long as 12 hours before standing before a district court commissioner. In the state of California, police have up to a full 24 hours to have an inmate before a commissioner. Calling Newport Beach Bail Bonds, will enable you to find out where an inmate is being held, and to which precinct they will be delivered to.
WHAT HAPPENS WHEN THE DEFENDANT STANDS BEFORE THE COMMISSIONER?
When an inmate is transported to stand before a district court commissioner, they will have an “initial bail hearing.” This hearing will review the charges, review their criminal history, as well as verify basic information pertaining to the defendant. The commissioner will then decide upon the bail amount, once they have perused all relevant information. Once bail is set, the case becomes active. This is the point where a bail bondsman can post the bail. Bail can not be posted prior to the bail being set by the commissioner.
WHERE IS THE INMATE TAKEN AFTER SEEING THE COMMISSIONER?
If bail is not arranged for an inmate at the time they stand before the commissioner, they will be transported to a detention center. There is a small window of time to get the person out on bail from the commissioner’s office. Which detention center they are taken to will depend on where they were arrested, and which commissioner they stand before.
WHAT IS A CASH BAIL? AND IS A BAIL BONDSMAN ABLE TO POST IT?
The posting of cash bails is a very common question that we are asked. Newport Beach Bail Bonds is unable to post cash bails. Should the commissioner set bond as cash, it means that the full amount of bail will be required in cash, paid directly to the court. A cash bond is money used as collateral to ensure the defendant appears before the court. Once the defendant has appeared before the court, the bond (in most cases) is returned to the person that posted it. There are, however, some instances where money is not returned, such as, if someone paid cash bail for child support, or failure to pay for services rendered. In these cases, the cash will be considered “restitution” and go towards the person owed the money.
WHAT IS A PRE-SET BAIL, AND HOW WHAT IS A WARRANT?
Warrants are a lawful claim to make an arrest. There are many reasons people get a warrant. The most common reason is if someone has not appeared before the court for their case, and probation violation. Normally, if someone fails to appear before a case that carries a possible jail sentence, the judge will issue a “pre-set bail.” Pre-set bails are determined by a judge and usually are not changeable. The judge will make a determination on a pre-set bail, depending on the charge that defendant was supposed to appear for, and their previous criminal record. If you believe that you may have a warrant for your arrest, it is highly advisable to inquire, and take care of it immediately.
HOW DOES ONE QUALIFY FOR Newport Beach BAIL BONDS?
Qualifying for the Newport Beach Bail Bonds, is the same as applying for a loan from a bank, or financial institution. Such criteria that can determine qualifying includes, the amount of the bond, the charges, who the guarantor or indemnitor (person signing on behalf of the individual in custody), Stability (Period of time at residence and job), Ability (Can the bond be paid in full if the defendant runs), and Willingness (Does the guarantor or indemnior have good credit and/or own assets that can be liquidated in the event the defendant disappears). Other criteria that comes into play includes the integrity of the defendant. This can include prior arrests, and for what. Employment and family obligations. Citizenship. Are they in possession of a passport? All criteria will depend on the exact nature of the crime, and the amount of bond set.
WHAT IS THE ACTUAL COST OF A BOND?
The rates on all bonds are regulated by the Department of Bonds Corporations for the State of California. The legal rate is 10% for standard underwriting. Some Surety Companies have been approved to write bonds at 8%, however, certain conditions apply. Any client that is referred by their attorney, is eligible for an 8% rate, as is a union member who can provide their union card. Standard Underwriting: 10% Example: Bond is $10,000.00 X 10% = $1000.00 plus Surety Bond cost of $10.00 to $15.00 depending of Surety Company. Exception Underwriting: (8%) Example: Bond is $50,000.00 X 8%= $4000.00 Plus the $10.00 to $15.00 Surety bond cost. *These rates are regulated by the Department of Insurance and inhered to by our corporation.
CALL US NOW AT 949-424-0390 OR SEND US A MESSAGE.
WE ARE AVAILABLE 24/7!IS THE PREMIUM REFUNDABLE?
No, the premium is not refundable.This is a cost associated with doing business when a bond is required to be posted.
WHEN IS COLLATERAL RETURNED AFTER THE CASE IS OVER?
Once written notification from the court that the case is over and the bond is exonerated has been received by us, we have 30 days to return the collateral or request for re-conveyance on recorded deeds of trust.
HOW LONG DOES A Newport Beach BAIL BONDS LAST FOR?
A Newport Beach Bail Bond is good for 1 year. Should the case continue longer than one year, the premium will have to be paid again in order to keep the bond in force.
WHAT IF THE ANNUAL PREMIUM ISN’T PAID AFTER THE FIRST YEAR?
Newport Beach Bail Bonds then has the authority to obtain an arrest warrant to take the individual back into custody for violation and default of the contraction agreement of bond.
CAN Newport Beach BAIL BONDS USE YOUR COLLATERAL?
Under no circumstances.Any collateral is kept with our insurance company.
WHAT HAPPENS IF YOU SIGNED FOR AN INDIVIDUAL WHO DISAPPEARS?
If you have signed a binding contract, and the individual has forfeited the bond by not appearing, the court allows a period of six months to find them. If they are not found within that six months, then the full amount of the bond becomes the responsibility of the signer. It is due and payable upon demand, and you are responsible for all costs relating to the bond.
WHAT IF THE CHARGES ARE DROPPED AFTER BONDING OUT AN INDIVIDUAL; DO YOU GET MONEY BACK?
Unfortunately no. Any money earned at the time that the bond is accepted by the court, is binding. Newport Beach Bail Bonds has no control over the case, or the bond after it has been posted.
WHAT HAPPENS TO COLLATERAL IF NON-PAYMENT OCCURS AFTER ONE YEAR?
Any and all collateral will remain in Newport Beach Bail Bonds’ possession until such time as payment has been received. Collateral will be returned when payment has been made.