Los Angeles Criminal Defense Lawyer Blog

If you are arrested for a crime in Los Angeles, you may be required to post bail if you want to be released from jail while awaiting your court appearance. (See our Feb. 16 post for an explanation of bail and how to post bail in Los Angeles.) When a Los Angeles defendant lacks the cash resources to post bail themselves, he may use the services of a bail bondsman.

"A bail bond is a contract between the government and the surety," explains expert Los Angeles criminal defense attorney Stephen Rodriguez. In Los Angeles, a bail bondsman guarantees the court that the defendant will appear as required. If the defendant fails to appear, the bail bond company, also called the surety, must pay the court the full bail amount.

Bail bond companies charge a premium for their services, usually 8% to 10% of the bail amount. As criminal defense attorney Rodriguez explains, "This premium is the bond seller's fee for taking the risk that the defendant won't appear in court. A bail bond may sound like a good idea," Rodriguez warns, "but buying a bail bond may cost you more in the long run. The premium you pay the bail bondsman is nonrefundable."

When a defendant doesn't have or cannot raise enough cash to cover the bail amount, a bail bondsman will accept real property or possessions of equal or greater value, deducting the amount of any outstanding loans. The mortgage due on your home or loan amounts still due on possessions offered as collateral for bail -- the unpaid amount on a car loan, for example -- are deducted from the value of the item.

When offering property or possessions as collateral to obtain a bail bond, it's important to understand that if you default on your bail bond, you lose the entire item, including the value of any payments you have made. For example, if you've paid off half your auto loan and use your car as collateral for bail, then fail to appear in court as required; you lose your car, including all the money you've already paid toward the loan. If a parent, relative or friend pays your bail or pledges his home, car or other possessions as collateral for your bail bond and you fail to appear, he could lose his assets.

If you are arrested in Los Angeles, consult the knowledgeable criminal defense attorneys at the Law Offices of Stephen G. Rodriguez. Rodriguez and his associates regularly secure their clients' release without posting bail, saving their clients thousands of dollars that can be applied to their defense. Risking losing your savings, home, car or other valuables to a bail bondsman should only be considered as a last resort.

If you commit a crime and are arrested in Los Angeles or anywhere in California and are not released on your own recognizance, you will have to post bail or stay in jail until your trial. Bail is cash or a cash equivalent that must be paid to the court and is held by the court to guarantee your appearance in court, both before and after conviction. If you appear in court as required, your bail is refunded to you. However, if you fail to appear in court, your bail is forfeited and you lose either the cash or the assets used to guarantee the cash amount set forth in your bail agreement. Bail is the court's way of providing an incentive for a defendant to appear in court as required.

If you are arrested for a crime in Los Angeles, the amount of bail that must be paid is determined on a uniform, preset, county-wide schedule. Bail can be paid with cash, a personal check or by pledging real or personal property in an amount equal to the bail amount. "In some cases, the equity available in real property must be twice the value of the cash deposit required for bail," cautions expert Los Angeles criminal defense attorney Stephen Rodriguez. Real and personal property can include your home, land or other real estate you own, jewelry, your car and other personal possessions of value. The amount of the potential loss and the defendant's presumed desire to keep his assets is what makes the bail system work in Los Angeles and everywhere else in the country.

Bail is generally required if the prosecutor considers you to be a flight risk. That is, if the Los Angeles County prosecutor is afraid that you might fail to appear in court or might flee the county's jurisdiction before your scheduled appearance. Preparing for and going to court are expensive. The prosecutor's office will make use of bail requirements to ensure that their and the court's time and money are not wasted. The experienced criminal defense attorneys at the Law Offices of Rodriguez, Lewis & Kahn understand Los Angeles and California bail law and regularly secure their clients' release without posting bail.

In courtroom dramas you hear attorneys arguing with each other about bail. The prosecutor argues for a high dollar figure; the defendant's attorney, for a low figure or none at all. The judge bangs the gavel and says, "Bail is set at . . ."

When a person is arrested, he can be held in jail until he:

• is given a citation and released; or


• is released on his own recognizance, which means he is trusted to appear on his scheduled court date; or


• posts bail.

Bail is like an insurance policy. It is cash or a cash equivalent held by the court to guarantee the defendant's appearance. If the defendant fails to appear on his scheduled court date, he forfeits the money. In California, bail can be paid with cash or a check or the individual can pledge real or personal property, although often the value of the pledged property must be equal to twice the bail amount.

When the bail amount is high and the defendant cannot raise the money on his own, he goes to a bail bond company. The bail bondsman pays the court a designated percentage of the bail amount, in effect entering into a contract with the government to guarantee the defendant's appearance, and the individual is released. If the defendant flees or fails to appear, the bond company must pay the court the full bail amount. Bail companies generally charge a non-refundable 8% to 10% of the total bail amount to assume this risk.

Raising bail through a bail bondsman can be expensive. In Los Angeles, a bail amount of $50,000 can require a payment of $5000 to a bonding company, even if you show up in court. Bail bondsmen often require that a family member or friend co-sign the bond. If the bond is high or the defendant is considered a flight risk, the bondsman may also require the co-signer to pledge collateral, such as cash, a property deed or a valuable possession, on which he places a lien. If the defendant fails to appear and the bondsman has to pay the bail amount, he will collect from the co-signer, taking his property if necessary.

Bail bonds are expensive and you or your co-signer could lose your cash or collateral or both. You will lose the hefty 8% to 10% fee charged by the bail bond company, even if you appear in court as scheduled. Before you contact a bail bondsman, talk with experienced criminal defense attorney Stephen Rodriguez about your options. If bail is necessary, he will recommend a bond company that will handle your case with care and professionalism.