Thursday, April 23, 2015

San Diego Bail Law

Bail and bail bonds have in all the states, each state has its own set of laws, statutes and licensing needs. In San Diego, there are two entities that set bail bond laws and regulations. In essence, San Diego Insurance Department licenses and regulates bail bond agents, while the San Diego Penal Codes sets forth all of the laws allowing and governing the use of bail.
Basically, bail is something which is set in form of money by the presiding court or magistrate to guarantee that the defendant will appear in court to face legal proceedings for the crimes charged. The amount of bail charged can be different depending on the type of crime committed, prior convictions and flight risk of the defendant. But there are also some crimes that are not bailable including capital offenses are ineligible for bail. Under California law, all misdemeanors can be bailed. The amount of the bail paid is refunded by the courts at the conclusion of the legal proceedings, no matter if someone found guilty or innocent. If the defendant does not to appear in the court as per scheduled dates a warrant is being issued for arrest and forfeiture of the bond amount to the state of California.
The basic idea behind the bail is a legal right “innocent until proven guilty" guaranteed by the Fifth Amendment of the United States Constitution. Also, the courts who have to implement enforcement and administer the law need some guarantee that the accused will appear in court to face charges and provide a defense. The bail schedule is to manage with the risk of any mishap and negative impact to society due to the nature of the crime and the individual's legal rights. But it is up to the discretion of the court to figure out the bail amount using the bail schedule set by county of the court as only a form of guidance. If a defendant or his or her attorney thinks that bail amount is more than it should be, they can file a motion for reduction of bail and if not granted make an appeal to that or another court for appeal for bail reduction.
In some scenarios for example where a defendant cannot make bail, he or she can make use of bail bondsman or agency to post bail. A bail bonds is sometimes considered as a bond assurance specially in those cases that has the use of collateral to secure payment of the bond amount.
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