California Bail Bonds - A Video

I ran across this video on YouTube.com. It discusses issues relevant to the bail bond industry in California.

DUI

With the recent arrests of Mel Gibson and Paris Hilton for DUI I've decided to write about getting arrested for DUI in relation to how it works with bail bonds. They were both arrested for a first time DUI. In Los Angeles County, the bail schedule for a first time DUI is $5,000. Typically, when a person is arrested for a first time DUI, they must be detained for a certain number of hours before they can be released either on bail or cited out. Most people are cited out if it is their first time, they are local and don't seem to be a flight risk. If the person has an out of state license or has a warrant, they will need to post bail in order to get released. The cost for a $5,000 bail bond is $500. Collateral will usually be required. That means the bail bond company will either ask someone to sign on a house, put up a pink slip or post additional cash in order to guarantee that the arrestee makes all of his or her court appearances. Once the person is either sentenced or if the case is dismissed, the bond will be exonerated. Upon verification of exoneration, the bail bond company will return the collateral. The premium is non-refundable so you will not get the $500 back. Many people get confused about this.

2% Bail Bonds???

I have heard people say they can get bail bonds for 2%. I don't think bail bond companies are selling bonds at this rate and if they are they are not doing it legally. The rates charged for bail bonds must be filed with the Department of Insurance. The lowest rate that is filed with them is 8%. There are usually conditions attached to this such as you must be a union member or the bond must be greater than $30,000 and you must have full premium and full collateral.

I have a feeling people are either misunderstanding the ads that say 2% down or there may be bait and switch tactics being used on the part of the bail agent. I have heard of people being quoted a 5% rate then being squeezed for the other 5% once the person has been released from jail.

If you know first hand of anyone offering bail bonds for less than 8%, I'm sure other people would like to know.

Bad Experiences

This is the place to share bad experiences to maybe help others from going through the same thing. Bail bonds can be confusing. Help others sort through the confusion. If you did not understand something but now you do, share it. You may be able to help others.

For example, there is often confusion about the premium and the fact that it is non-refundable. The Bail Bond Agreement or contract you sign states that the premium is non-refundable. As soon as the arrestee is released on the bail bond the premium is fully earned. Even if the person gets rearrested 5 minutes later, you don't get the premium back. The bond is good for one year. Most cases are resolved in less than a year. If the bond is not exonerated at the end of the year you must either pay the premium again, get the defendant released on an O.R. or put the person back in custody.

What if the District Attorney didn't file charges? Do I get my premium back? The answer is no. Regardless of whether the person was falsely arrested, no charges were filed or the case was dismissed you don't get the premium back.

Can I sue the police/sheriff for false arrest and make them pay the premium? You can sue anyone for anything but I've rarely heard of these types of lawsuits being successful. Your best bet would be to consult an attorney for legal advice.

Good Experiences, tips and pointers

To help other people who may be looking for a bail bond company, post comments in this section about good experiences you've had. Or maybe you learned something you now know that you wish you had known before.

There are a lot of good bail bond companies out there. Use your instincts. If the bail agent you are talking to on the phone treats you right and provides you with information and answers to your questions, that is a good sign. If the bail agent is gruff or rude call someone else. There are too many nice bail agents for you to have to deal with someone who is not nice. Think about it, you are going to be spending a large amount of money with this person/company. They should treat you accordingly.

If you decide to call around and your phone number is displayed, you may get unwanted phone calls back from the more agressive bail agents. Try to call from a blocked number.

What is a bail bond and how do they work?

Bail is the amount of money that needs to be posted in order for someone to be released from jail. The bail is a deposit to guarantee that the arrestee will make all of their court appearances. For example, if the bail is $10,000. You can either put up the $10,000 cash with the jail or you call a bail bond company. The bail bond company will put up the $10,000 for you. To do this, they charge a fee of 10%. So you would pay the bail bond company $1,000. You do not get this $1,000 back. If you posted the full $10,000 directly with the jail, you would get the full $10,000 back from the court approximately 6-8 weeks after the case is over with.

In addition to the $1,000 you pay, the bail bond company may ask for collateral. The reason they may ask for collateral is because if the person you bail out skips bail, the $10,000 will have to be paid to the court. The collateral would be used to pay the court.

The bail bond company will try to assess the risk of the arrestee showing up to court along with the financial responsibility of the person signing for the bond (the indemnitor or co-signer) to determine whether or not they will require collateral.