If a person is arrested for a crime in the State of California, usually they will be taken to a local law enforcement station for booking, prior to incarceration in a station lock-up or county jail. Once arrested and booked, the defendant (the person arrested) has several options for release pending the conclusion of his or her case.
The bail system is designed to guarantee the appearance of a criminal defendant in court at the time the judge directs.
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There are five basic release options available to a defendant after their arrest. Cash bail, surety bond, property bond, release on his or her own recognizance (O.R.), and release on citation ("Cite Out").
To be released on cash bail, an individual must post with the court the total amount of the bail, in cash, to secure his or her return to court on an appointed date, and thereafter until the case is concluded. Full cash bonds provide a powerful incentive for defendants to appear at trial. If the defendant shows up for his/her scheduled court appearances, the cash is returned to him/her. If s/he fails to appear, the cash bond is forfeited to the court.
An alternative to cash bail is the posting of a surety bond. This process involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. A 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.
For this service, the bail agent charges a premium which is !0% of the full bail amount. This premium is regulated by the Department of Insurance which means that all bail agents will charge the same 10% premium. Although all bail agents charge the same premium, there may be additional fees that vary in cost such as bond or posting fees.
To be released by posting a surety bond, the defendant, a relative or friend of the defendant, contacts a bail agent. Before posting a surety bond, the bail agent conducts a detailed interview of the proposed guarantor of the surety bond, as well as the defendant and relatives of the defendant, as part of the underwriting procedure for bond. In addition to this information, the bail agent may also ask for collateral to secure the bond.
Involving the family and friends, as well as securing collateral, the bail agent can be reasonably assured that the defendant released on bond will appear at his or her appointed court date(s) each and every time, as required until the case is adjudicated.
If an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the defendant's return to court.
It is then the bail agent that puts his/her money on the line as a guarantee to the court that the defendant will return to court each and every time they are required to do so. A bail agent has a financial interest in supervising bailees and ensuring that they appear for trial. If a defendant fails to appear in court or "skips," the bail agent has time and a financial incentive to find the defendant and bring him/her in. Bail agents have highly efficient methods to get defendants to court.
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 defendant subsequently fails to appear at the scheduled court date, the court may institute foreclosure proceedings against the property to obtain the forfeited bail amount.
Another method of release pending trial is through a county or law enforcement administered pre-trial 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 defendant's return).
Citation release 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.
This usually occurs immediately after an individual is arrested. As a consequence of the failure to follow complete booking procedures, the true identity and background of most individuals released on citation is never established. This results in the release of numerous arrestees who may have outstanding bench warrants pending or who may present a significant danger to society.
Accordingly, in these cases involving citation release, the arrestee may never be placed in custody, and like the own recognizance release, such a defendant's appearance in court depends exclusively upon the integrity of the alleged felon and his or her voluntarily returning to court.