Being arrested and taken in for booking can be a stressful experience, especially if you are a first-time offender. However, there’s a way you can be released from custody and resume your day-to-day activities while awaiting your court proceedings— this is by posting bail. If you cannot afford the amount of money the court requires as bail, a bail bonds agency can step in and post the bail for you.
With bail bond agents across Buena Park, CA, 24 Hour Online Bail Bonds is an easily accessible bail bond company for locals. Not only do we help you walk out of jail, but we also inform you about the critical aspects of bail bonds, so you know how to handle a similar situation in the future.
The Bail Process
The bail process in Buena Park starts with an arrest. If the police suspect you have committed a crime, they will place you under arrest. You’ll then be taken to the local jail, where you’ll be booked. The arresting officer does the following during the booking process:
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Take your personal info, including name, gender, and age
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Take a mugshot and fingerprints
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Record details about the crime you’re being accused of
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Check the database to see if you have any outstanding warrants or priors
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Search your person
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Seize your personal effects, including keys, wallet, and phone
Booking can take a few to several hours based on the busyness of the station. After the booking process, you’ll be placed into a holding cell or jail until you’re arraigned in court. During the arraignment, the judge decides whether or not you’re eligible for bail or release you on your own recognizance. If the judge decides you aren’t eligible for bail, you’ll remain in custody until your trial is over.
Ways Through Which You Can Be Released From Custody
In Buena Park, we have three primary ways through which you can be released from custody after an arrest. They are:
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By citation
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Through Own recognizance release
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By making bail
Citation Release
Release on citation is an option granted to arresting officers. Here, the arresting officer won't take you to jail after they've arrested you. Instead, you're simply issued a citation and permitted to go home with the promise that you will appear in court at a later date. A citation is simply a written notice. Essentially, you're released at the scene of the arrest. Citation Release is generally used for minor cases, like a first offense DUI or traffic violation. You must not pose any danger to the community and be non-violent to stand a chance of being released on citation.
Own Recognizance Release
After you've been booked into the police database, you may be released from custody by the mere promise that you'll appear in court. This is known as release on your own recognizance (OR release). Here, you’ll be asked to sign a written citation promising that you'll attend court. The judge will grant you OR release if the following doesn't apply:
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An OR release would not reasonably ensure your appearance in court
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You've been charged with a crime punishable by death
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Your release would compromise public safety
The judge decides whether or not to release you OR during the first court appearance (arraignment). Based on the kind of charges you face, a formal adversarial hearing may be held before you're released OR. Crimes that require an adversarial hearing include, among other, assault and battery, a violation of criminal street gang laws, PC 459 burglary.
Otherwise, at the arraignment, your lawyer will give reasons in support of an OR release. For instance, they may argue that since you don't have any history of failing to appear in court, you won't fail to show up if released OR. They may also argue with proof that you are not a threat to public safety. The lawyer can also suggest various conditions to the judge to agree to release you OR.
On the other hand, the judge may ask the prosecution what they think about granting you OR release or whether they have any information that would help them (the judge) determine whether to agree to the release.
California law usually requires that judges release the accused on OR. However, a judge may require a defendant to post bail if charged with a serious crime.
Posting Bail in Buena Park
Making bail involves posting security (in the form of money or property) to guarantee that you'll appear in court. The judge dictates the amount you're supposed to pay as bail during the arraignment. To decide what amount to set as bail, judges in California refer to the bail schedule— a list of offenses with the recommended bail amount for every offense. Every California county has its bail schedule, and judges in Buena Park use the Orange County bail schedule. A judge has the discretion to impose a bail amount that's higher or lower than what's indicated on the bail schedule or set the exact amount indicated. In other cases, a judge can deny bail altogether. When granting or denying bail or reducing/increasing the amount, the judge takes into account the following:
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Your criminal history— the judge may increase your bail amount if your criminal record is extensive
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Flight risk— the judge may deny or increase your bail amount if there’s a chance you’ll skip the jurisdiction or fail to appear in court as required.
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Your family responsibilities— when determining the amount to impose as bail, the judge also considers your family obligations, including whether you’re a caregiver, parent, or spouse. If that’s the case, they are likely to set your bail at a lower amount.
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Your community ties— if you have strong community ties, the judge might impose a lower amount of bail. Having an established business in the community is an example of having strong community ties.
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Whether you pose any risk to the community, supposed victim, or yourself— the judge will also consider whether you're a danger to the community, yourself, or the alleged victim. If you are, they will likely impose a higher amount of bail.
We have three ways to make bail in Buena Park:
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Cash Bail
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Property bond
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Bail bond
When it comes to cash bail, you have to deposit the whole bail value in cash with the court, although some Buena Park courts accept personal checks, credit cards, money orders, or traveler's checks. If you fail to attend court, you'll forfeit the cash, and the judge may issue a bench warrant for your arrest. And if you attend all the court hearings and comply with the judge's requirements, the money will be returned to you after your case is resolved.
A property bond involves giving your property to the court as an assurance that you'll attend court. The property you can place as a bond includes a house, vehicle, jewelry, and any other item of value. The court will place a lien or claim on the property. Most courts require that the property’s value you're posting as a bond be twice the bail amount. For instance, if the bail amount is $200,000, the property's value must be $400,000.
If you fail to honor your promise of attending court, the court will seize the property you placed as a bond and compel you to surrender ownership. It may then sell the property to recover the bail amount. Therefore, you have to think carefully before placing your property as a bond. This option of making bail should be the last resort that you should go for only if you can't post a surety bond or cash bail.
A bail bond is also called a surety bond. Here, a Buena Park bail bonds company comes to your rescue if you can't pay the imposed bail amount. You, your family member, or your friend reaches out to a bail bondsman/agent working for the bonds company to post bail on your behalf. The bail agent may need you or the person guaranteeing your bond (co-signer) to pay a specified amount of money referred to as the premium.
The agent may also require you/your co-signer to provide collateral to secure a bond. There are so many bail bond agencies in Buena Park, but only a few are reliable. Thus, you want to ensure you've chosen a reliable company that's willing to do everything legally possible to secure your release from custody.
The Cost of a Bail Bond in Buena Park
Usually, the bond premium is 10 percent of the total bail amount. The California Department of Insurance regulates this amount, applying to all bond agencies. But based on given factors, this premium can be lowered to 8 percent instead of 10 percent. Factors that can lead to a premium reduction include:
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You have retained a lawyer to take over your case
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You're a union member at work
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You're an active U.S Military member or a veteran
Bond Collateral
The collateral you give to the bail agent for them to post the bond for you may be in many forms, such as real estate, cash, or a vehicle. The agent requests collateral to secure the bond if the bail amount is substantial or there's a high risk. Additional factors determining whether the agent will require collateral are your credit history, employment, residence history, criminal history, and for how long your co-signer has known you.
If the bondsman accepts money as collateral, they may need you to deposit the cash into an escrow account. And if it's a property, the bonds company will place a lien on it until you pay the premium fee in full and the court exonerates the bond.
After you pay the premium in full and the court exonerates the bond, the bonds company will free the collateral. If the bond is forfeited, you may lose the collateral— the company will sell it to recover the bond's value. Before giving any property as collateral, we advise you to read the contract carefully.
Eligibility for a Bond In Buena Park
When you/your co-signer reaches out to a bail agent, they'll ask you multiple questions. These questions may seem personal, but they're necessary for the bondsman to assess the risk involved in granting the bail bond. The bondsman’ will need you/co-signer to provide your name, where you're being held, and the charges you face. The bondsman may also need to know your/your co-signer's credit rating, homeownership, employment, citizenship, and family status. This info helps the bondsman decide whether to grant a signature bond or demand collateral.
The paperwork required to secure a bond is minimal. The agent will give you/your co-signer an application form to fill and prepare a contract that you/your co-signer will be required to sign. After which, you will be given a receipt. Additional documents may be involved if the collateral is necessary. After the paperwork is done, the agent comes to where you're being held to post the bond amount.
Except in a few cases, it generally takes around twenty minutes to process the bond paperwork. And after the bond is posted, you'll be out of jail within four hours. But if the jail isn't so busy, you may be free in less than thirty minutes.
Cosigner Requirements
Several requirements have to be met for a person to cosign a bond in Buena Park. The person should be above eighteen years and a legal United States resident. Additionally, a bail agent may demand that the person intending to cosign a bond have these documents to be eligible to cosign a bond:
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Proof of their residency— such as utility bills
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Proof of income, including recent pay stubs
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A valid ID document such as a driver's license or state identification
A cosigner must also be capable of providing this information:
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The accused's booking number
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When the accused was born
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Where the accused is being held
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The charges the accused is facing
Cosigner Responsibilities
A cosigner is also called an indemnitor. It’s a person who signs the bond contract on a defendant's behalf. When a cosigner signs on your behalf, they're agreeing to be legally and financially responsible for making sure you fulfill your promise to show on all court dates. Additionally, they're accepting responsibility for paying the entire bond amount if you fail to show up in court. The indemnitor will also be the one to pay the premium and any other fees necessary to process the bond.
As a cosigner, you need to ensure you know the accused well. Since you'll be taking a substantial financial risk, you should be sure that the person you're bailing out will fulfill their promise to appear in court as required. Once the accused's case is resolved and they have made all appearances, the court will exonerate the bond, and you would've fulfilled your responsibility as the cosigner. You won't have any debt with the court.
The premium the agent is paid before they agree to post the bond has to be fully paid regardless of how the case will turn out. If your cosigner is making payments via a payment plan, they have to continue doing so until they finish paying the entire premium. After paying the premium, you or your cosigner won't owe the bail agent anything else, and the agent will close your file.
Skipping Bail
Failure to attend court after release on bail is in itself a criminal offense. This could happen if you fail to honor your promise to show up in court on the set dates:
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Bond forfeiture
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Prosecution for the underlying charges will continue
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The court could impose more charges for skipping bail
Considering that skipping bail is an offense, your innocence concerning the underlying charge won't be a valid defense for failing to appear.
The prosecutor must show that you intentionally skipped bail. It must be clear that you knew when you must attend court but opted not to show up. Sometimes, the judge may need the prosecutor to show that you were notified when to appear in court. You can use various defenses to prove why you failed to show up.
It could be you weren't aware of the exact date you were to appear or missed attending because of circumstances beyond your control. The prosecution won't be capable of showing that you willfully and intentionally missed court, provided you acted responsibly later and did what you could to make things right with the court.
Jail Information
Buena Park Police Department and Jail
Phone No.: 714-562-3901
Visiting Hours: Daily 9.00 a.m. to 10.45 a.m.
Orange County Central Men's Jail
Phone No.: 714-647-4666
Women's Central Jail
Phone No.: 714-647-4666
Theo Lacy Facility
Phone No.: 714-935-6940
Court Information
North Justice Center
Phone No.: 654-622-8459
Find a Reliable Buena Park Bail Bond Agent Near Me
If you’ve been arrested in Buena Park and are looking for a bail bond company to bail you out, look no further. 24 Hour Online Bail Bonds is here to help. We boast professional and reliable bail agents who will walk you through the bond process with confidentiality and ensure you are out of jail without any unnecessary hardships. What’s more, we offer flexible payment plans and financing options, our services are fast and affordable, and we design them with the client in mind. Contact us right away at 800-930-8999 to talk to one of our agents and obtain the bond that’s most convenient for your situation.