Answering the top four Bail Bond Questions

Luna Bail Bonds in San Jose, Hollister, Redwood City and all around the bay understands that bail can be a confusing subject. That’s why we are doing our best to clarify everything for you. No more confusion. Bail bonds simplified.

Question: Are the bail amounts different throughout California or are they all the same for the same crime?
Answer: All bail amounts come with an assumptive bail rate, which is kind of like a recommended starting rate for the bail. However, each judge and each jurisdiction in California treats bail differently. As such, no two localities will be the same when it comes to granting bail, just as no two judges will be the same.
In terms of the assumptive bail rate schedule, these are the rates that it is recommended that a judge start the bail at. For example, if a person is arrested and booked for perjury, the assumptive bail rate is $25,000. Perjury is a penal code violation 118 and is a felony offense. Different judge, however, regard perjury differently. As such, which one judge may grant bail at $25,000, another judge might find reason to grant the bail at $30,000.
When determining the amount of bail, the judge will take the circumstances of the case into consideration. For example, if a defendant is arrested for perjury, the judge might look at whether or not the individual was aggressive in court or said slanderous things. If the individual committed or possibly committed other penal code violations or displayed a hostile attitude, then it is likely that the judge will set the bail at a higher rate than if the defendant was peaceful and simple in his perjury.
The judge will a lot look at the history of the defendant. If the defendant has a particularly moving story for why he or she committed a crime, then chances are good that the judge will allow bail to be set at a lower rate, or may even allow the defendant to be released on his own recognizance. For example, if a young child was arrested for stealing food for his starving family, then chances are good that the judge would not require the boy or the family to pay bail, even though burglary is a violation of penal code 459, which is a felony offense and comes with a $30,000 bond.
As you can see, the bail amounts differ throughout California based on the schedules and attitudes of each locality. The bail amounts also vary greatly according to the style of each judge as well as the particulars of a case.
In order to increase your chances of getting a lower bail rate, it is important to consult with your attorney (the court will assign one to you) and to behave with all arresting officers and court representatives.

Question: Are There Actual Studies About What Happens when a Person is Released on his Own Recognizance Versus When a Person is Released on Bail? If so, what are the findings?
Answer: Yes there are. Though many individuals have criticized the existence of private bondsmen, several individuals have provided credible contentions manifesting the advantages of surety bonds over the release on own recognizance system. This debate has waged for a number of years, and often the criticism of either side of the debate relies on theory. However, two articles, namely those of Dr. Michael Block and Eric Helland and Alexander Tabarrok, present comprehensive evidence to establish the supremacy of surety bonds over release on own recognizance.
Helland and Tabarrok in their article entitled, "Public versus Private Law Enforcement: Evidence from Bail Jumping," explore the reasons for the increased efficiency of surety bonds. Helland and Tabarrok write of the extensive powers of a bondsman, stating, "Bond dealers and their agents have powerful rights over any defendant who fails to appear, rights that exceed those of the public police. Bail enforcement agents, for example, have the right to break into a defendant’s home without a warrant, make arrests using all necessary force including deadly force if needed…"
Besides these potent powers exerted by bond dealers, they also have more time and resources to dedicate to ensuring their defendants serve under the court’s jurisdiction, and as Helland and Tabarrok state, "In contrast [to bond dealers] public police bureaus are often strained for resources and the rearrest of defendants who fail to show up at trial is usually given low precedence." In comparison, the rearrest and recapture of these defendants is the sole priority of bail agents.
Correspondingly, Block, who is a professor of Economics and Law, provides additional insight supporting surety bonds. Block examines statistics provided from the 12 largest counties in California, citing that increased failures to appear in court of those released on their own recognizance compared to surety bonds. Furthermore, Block writes of the increased cost effectiveness of surety bonds, stating, "We find that if Surety Bond releases comprised 52% rather than 45% of all releases in California’s 12 largest counties in 2000, the budget savings in these urban counties would have been over $1.3 million…In addition, we estimate there would have been a savings in social costs due to a reduction in the number of fugitives of about $13.3 million."
Identifying both the economic and statistical advantages of surety bonds, Block’s article corroborates with Helland and Tabarrok, maintaining the superiority of private surety bonds over defendants released on their own recognizance.
Question: How to bail bonding agencies make their money?
Answer: Bail bonding agencies are organizations that step in to lend money to defendants when they would like to be released from jail. Most bail bonding agencies will charge about ten percent of the amount of the bail in order to fork over the full amount of the bail. As such, if a defendant has a bail set at $100,000, then bail bonding agency will charge the defendant $10,000 as a down payment for the full amount of the bail. The bonding agency will give the court the full $100,000, but only as a guarantee that the defendant will show up to court to stand trial.
In the event that the defendant fails to show up to court, the bail bonding agency will lose the full bail bond.
However, if the defendant does show up to court, then the bail bonding agency will get a refund of the amount of the bail bond that is equal to one hundred percent, minus some administrative fees. However, the down payment that the defendant has to make is not refundable. Therefore, if the defendant makes a $10,000 for a $100,000 bail, that defendant will lose all $10,000, even if he or she shows up to court.
Defendants do not have to use bail bonding agencies. In fact, it is cheaper if a defendant can fork over the full amount of the bail on his or her own. When a defendant can pay the full bail amount, as long as the defendant goes to trial on his or her court date, he or she will get a full refund of the bail amount. However, most people do not have enough money in order to post bail, so they require the assistance of a bail bondsman.
If a defendant works with a bail bondsman and does not actually go to court to stand trial, the bondsman will likely send a bounty hunter after the defendant. When the bounty hunter finds the defendant, he can arrest the defendant and make him or her return to jail. In such a case, the bonding agency may receive a refund of the amount of the bail bond. The U.S. is the only country that allows bounty hunting.
Bonding agencies may also make money if a defendant puts up real property as collateral for bail. If the defendant fails to show up to court, then the bail bonding agency may take the real property and sell it for more than it bought it for. Such is the case when a bonding agency takes out a lien on a house and sells the house at foreclosure for the cost of the lost bail bond money.

Question: Does a judge always grant bail for a murder defendant? If so, exactly how much can he pay to walk free?
Answer: There are a number of penal code violations for which a judge will not allow bail. Murder is one of them. Prior escape from a prison or a jail might also be one of them. There are a variety of different penal code violations that are associated with murder and manslaughter. Each penal code violation is treated differently and is associated with a different level of bail.
With special circumstances, a straight-up murder will have no bail. It is a felony penal code violation of penal code 187. However, if a judge does grant bail for any reason, the assumptive bail rate will begin at $1 million. However, in many cases, the bail rate will be higher and will include bail for charges such as kidnapping, possession of a weapon, and more.
As far as other criminal offenses that involve taking a person’s life, here is a brief overview of each"
• Gross Vehicular Homicide – which is usually a DUI with gross negligence – is a felony that has an assumptive bail of $50,000. It is penal code violation 191.5
• Voluntary manslaughter is a felony and a violation of penal code 192a. The assumptive bail is $60,000.
• Involuntary manslaughter is a violation of penal code 192b and has an assumptive bail of $25,000.
• Manslaughter caused by driving a vehicle with gross negligence (but not a DUI) is a violation of penal code 192c1 and has an assumptive bail of $50,000.
• Vehicular homicide – which is a DUI without gross negligence – has an assumptive bail of $50,000 and is a violation of penal code 192c3.
• Manslaughter with a vessel is violation of penal code 1922.5 and can be either a felony or a misdemeanor. Assumptive bail is $50,000.
You can see that in many cases when a life is taken either voluntarily or involuntarily, the judge will grant a bail. However, when it comes to murder, the judge will either deny bail or set it at a very high level.
When bail is set at $1 million, a defendant will have to spend at least $100,000 to get out of jail as a down payment to a bail bondsman. That money will not be returned to the defendant either.

For more Bail Bond information visit http://www.lunabailbonds.com.