LA Property Bonds
Any home owner can sign for you to get out of jail instead of paying bail bond
Keep your money you can be released with just a signature
Property bond service will handle all the details
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Under penal code 1298 a homeowner can sign for you release
About Pre-trial release from jail.
Bail is to ensure the defendants appearance at trial. A bond guarantees the individuals appearance and guilt or innocence has no bearing on the return of the bond posted. Historically in England it was held that an individual may be held without bail upon the Kings command.
Parliament argued that the King did not have such authority. The English Bill of Rights established the right to bail. It was written for the protection of the citizens. The United States adopted similar rights under the 8th amendment of the Constitution and is a part of the Bill of Rights. However bail can be denied when the charges are sufficiently serious, most commonly in Capital cases. The Bill addresses the right against excessive bail and cruel and unusual punishment.
Most of the 58 California counties established a dollar amount for the offense charged. This became known as the county bail schedule. In the majority of cases individuals would finance said bail bond through a bail bond Company, which are licensed through the California Department of Insurance. 10% was the usual amount charged by a California bail bond company. However, the legislature under Penal Code 1298 allowed for the use of government bonds and equity in real property to be used as a guarantee.
Each county has a different set of policies and regulations related to the posting of a Property Bond. The majority of the 58 counties have an amicable attitude to the property bond procedure. In some cases the county wants County Counsel to review the documents and approve the property bond. In other counties the Criminal Law Clerk has a check off list of documents and procedure.
However, there are counties that under local rules attach so much red-tape to the process that it nullifies the purpose of the law and intent of the California Legislature. For example, the county requires the hearing to be a 10 day-noticed motion with notice to the District Attorney, requires a Title Insurance policy in the full amount of the bail, or requires that the Title Company be an Alta associate. None of this red-tape is required under Penal Code 1298.
The law in simple terms
A hearing is held before a magistrate who determines the value/equity and approves the bond. Witnesses may be called to testify, usually that they own the property and that they understand the responsibility they are undertaking.
Bail plays an important role in the criminal justice process. It helps the defendant by limiting the jail time and also helps to ensure that defendant(s) will appear for court hearings throughout their case.
A bail bond is a contract with the court against an amount that provides a guarantee that the defendant will appear for the court hearings. Paying a bail bond secures the release of a suspected person. In any criminal procedure, the prosecutor files the charges within 48 hours of the arrest and issues a date for arraignment (The first appearance of the defendant in the court).
It is important to file for a bail bond in arraignment. Court accepts different kinds of bonds. According to California Penal Code §1298, a property can be posted instead of cash bail. Property bonds are useful when you don’t have enough cash available.
Regardless of the verdict at the end of the case, the property will be released to the original owner as long as the defendant appears for the court hearings. The main advantage of a property bail bond is that it allows you to use what is at hand to get your friend or family member out of jail.
Obtaining a property bond involves several steps; we can assist you with all these. The process typically requires the following: First, the value of the property is verified, either through an assessment by a court-appointed appraiser or through paperwork that confirms the value.
This can include mortgage/conveyance certificates, the property’s deed, the title history, a list of current lien holders, and/or declarations made on tax documents.
Your equity will be determined, and if you have enough to finance the bond, paperwork will be done, then presented to the judge to consider for bail release. We will do all the required paperwork and of course, will assist at every stage for getting a property bond issued.