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.
For
further details explore Bigmarco.com
