In general, bail bonds and the bail bond process follow the procedures set forth by the San Jose Bonds Department of Insurance.
The process for getting bail bonds only truly varies depending on where someone is arrested for minor offenses. The wait times for release will differ depending on whether the arrested person is being kept at a local city jail inside a police station or has been transported to a county jail, even though the actual bail bonds process stays the same. Additionally, wait times might change depending on how crowded a given police station or jail is and how the staff is being used on a given day.
The price of bail and other specifics will largely not change. However, there are other circumstances across the state where the bail procedure will vary in ways that are independent of the specific site of the arrest. Here are seven distinct bail forms, each of which varies differently based on the specific crime a defendant is accused of as well as the characteristics of their citizenship.
Citation Release: A citation release, sometimes known as a “cite-out,” is a very straightforward type of bond that doesn’t need a cash payment and infrequently involves the arrest of the offender. The person who has been arrested receives a citation from the police that includes a formal court date. Since there is no financial penalty, the defendant’s decision to appear in court is entirely up to them. However, if the defendant does not show up for court, arrest warrants and further fines for failure to appear may be issued.
A surety bond essentially explains how a bail bonds company operates. A bail bondsman or other authorized third party takes on legal responsibility for the entire bail sum by becoming the indemnitor of the suspect’s total bail. The third party or bail agent keeps a fee for the service rendered.
In a few rare instances, courts will release defendants on recognizance if they promise to appear at all of their scheduled court hearings. This is typically saved for high-profile trials, cases involving famous people, or instances when the judge is presented with mitigating circumstances that demonstrate the offender poses little to no risk of eluding justice.
Property Bond: When a defendant posts a property bond, they do it on their own behalf and pledge real estate as security for the full amount of their bail. If the defendant forfeits their bail by failing to appear in court, the State is then permitted to foreclose on their property.
An arrested defendant may be subject to an immigration bond if it is discovered that they are in the country illegally. This is a federal bail bond, and the Bureau of Immigration and Customs Enforcement or the Department of Homeland Security will often be the ones to handle it.
Cash Bond: A cash bond is one where the defendant posts their own bail using money that can be shown to have been obtained legally. As an additional incentive for the arrested person to appear at court, it may also be a form of bond that the court has ordered. Some jurisdictions also allow defendants to post a 10% cash bond as a substitute for hiring a bail bonds business, known as 10% cash bonds.