Gold Country Bail Bonds

Bail Reductions

admin — Tue, 02 Mar 2010 09:00:34 +0000

Bail allows a defendant to be released from actual custody on the posting of a bond, cash deposit, or other security deemed sufficient to guarantee to the court that the defendant will return to answer to the charges levied against him/her. The word bail as used in California law (called statutes) has several different meanings. People often get confused when they hear the word bail. Bail can refer to security posted guaranteeing appearance, or the surety or bondsman who posts security with the court to guarantee appearance. There are three distinct types of bail in California.

Cash Bail, the putting up of money with the court for the entire penal amount of the bail set.
Property Bond, the use of real property rather than money. Generally a more complicated and time consuming process.
Surety Bail, the use of a surety bail bond via a bail agent, or bail bondsman. Commonly a bail bond agency charges only a percentage of the penal amount of the bail set.

A reduction in bail can come at different times depending on the complexity of a case. Bail can be reduced at arraignment, the conclusion of the preliminary hearing, on the filing of an information or indictment; however some judges are reluctant to reduce bail at arraignment because they know very little about the case. As of arraignment they usually don’t have the police reports to review, the judges tend to avoid making a decision on bail without facts. At this point a bail review, or bail study is generally requested by the judge, a Probation Officer will review the facts and make a report back to the court for a further bail hearing.

A good guideline of how courts set bail is described in the California Constitution, Article I Section 12. In part it guides the court on factors to be considered in the setting of bail, and the reduction of bail. Three factors to be considered are;

Seriousness of the offence (s) charged.
Defendant’s criminal record.
Probability of the defendant (accused) returning to court.

Hearings on bail motions (increase or decrease) are generally informal. Most bail motions are made either orally or in writing. Written motions are generally more complex; include memorandum of points and authorities, and declarations of supporting facts. Some courts even require actual testimony, affidavits, or declarations. The assistance of an attorney is advisable.

The judge has a lot of discretion when setting bail amounts. The California Constitution uses the word “may” with regards to excessive bail. May is a word that gives judges their wide range of discretion. Bail reduction hearings are common place in the courts; some hearings are more complex than others. Judges often have their own mindsets on how bail should be set. Each judge is different; it’s not uncommon to have a different judge review bail on the same case.

Bail and Electronic Monitoring – Pretrial Releases

josh — Fri, 26 Feb 2010 00:39:19 +0000

In some cases electronic monitoring can utilized for bail reductions. By offering the option of an ankle bracelet a number of our clients have had more success requesting bail reductions. We offer two options for ankle bracelets, the first operates on GPS and cell phone signals allowing clients to go to work or school and continue to be monitored. The second option is more of a traditional house arrest system which operates on radio frequency with a base station located in the house.

If you have a friend or loved one in jail and your lawyer wants to try for a bail reduction don't forget this valuable tool. It may be the determining factor in their release.

How is Bail Amount Determined? Bail Schedule

admin — Thu, 28 Jan 2010 23:12:45 +0000

There are many factors that come into account when an arresting agency decides on how much bail the accused must pay to be released from jail. For most crimes, bail amounts are derived from a document called the "bail schedule" a list of crimes with corresponding bail amounts decided by the district attorneys office and local judges. However, the bail schedule does not list bail amounts for ALL crimes. In this case bail will be decided by the Judge. Here are some examples

How the Jail handles the bail amount totals varies from county to county. Some counties maintain the policy of "Stacking" bail. In this system all charges carry a specific amount and are added together, the sum is the amount that the accused must pay for release. Other counties may use only the highest bail amount to determine the total bail.

How to Determine Bail in El Dorado County

El Dorado County is a little Different than most counties in their policy of determining total bail amounts. All misdemeanor counts of a crime are stacked (bail amounts are added together) and felonies are only stacked if the crimes occurred in succession of time ex. burglary, led to hit and run, hit and run led to evasion. Warrants are always stacked for they are different case numbers.

Searches and Search Warrants

josh — Fri, 04 Dec 2009 23:43:57 +0000

Every person has a Constitutional right protecting them against unreasonable searches and seizures. (Fourth Amendment) The Fourth Amendment was ratified as a means to guard against abuse of the writ of assistance, better defined as a “general search warrant” in the American Revolutionary times. The Fourth Amendment specifies all searches and arrest warrants be sanctioned judicially, and supported by probable cause. In 1961 the Supreme Court ruled the 4th Amendment to applicable by way of Due Process outlined in the Fourteenth Amendment.

The 4th Amendment specifically only applies to government employees, and does not protect you from searches and seizures (reasonable or unreasonable) conducted by a private citizen, and only applies to criminal law with no protection under this amendment for civil law.

The Supreme Court has ruled that searches and seizures can violate the reasonableness required pursuant to the 4th Amendment in certain cases. However, not all actions by governmental authorities to obtain or collect information and evidence on a person constitute a search. The actions of governmental authorities are what trigger the protections guaranteed pursuant to the 4th Amendment. If no search occurred, there may be no necessity (requirement) for a warrant. On the contrary if a search occurred there may be a necessity (requirement) for a warrant.

In 1968 the Supreme Court ruled that in certain circumstances police officers (governmental employees) can conduct limited warrant-less searches with suspicion levels less than that of probable cause in certain circumstances. In certain situations officers may conduct a “pat down search”. This activity is primarily done for the safety of the officer (s) and to determine if a “suspect” has a weapon of some sort. An officer needs to articulate specific facts in order to justify their actions; a vague hunch does not work.

The 4th Amendment mandates a law enforcement officer receive permission from a court of law (Judge or Magistrate) in order to lawfully search and seize evidence in the course of investigating a crime. The permission granted by the court is called a warrant. When a law enforcement officer conducts a search and seizure without a lawfully issued warrant it may be considered unreasonable and or unconstitutional. However there are certain exceptions that allow un-warranted searches and seizures.

Prior to 1914 evidence was allowed to be admitted into a criminal case no matter how it was obtained. The Supreme Court adopted the “exclusionary rule” in Weeks vs. United States. Other decisions came shortly after giving further protection of the 4th Amendment. One such ruling dealt with tips resulting from illegally obtained evidence is also inadmissible in trials, known as “fruit of the poisonous tree”. The main function of this protection is to deter law enforcement officers from violating suspects 4th Amendment rights.

Through the years courts have established exceptions to the warrant requirements, for example: Plain view, with probable cause and a reason to be present an officer may seize objects that are in “plain view”.

Open field, fields, water, woodlands etc. may be searchable without a warrant. The expectation of privacy level is far less than that of a person’s home, person or vehicle. The Supreme Court has ruled in a 1924 case that the 4th Amendment protection does not extend to open fields.

Curtilage, the outdoor area’s immediately surrounding a home may be protected, and considered an extension of a person’s home. Therefore subject to privacy protections afforded in the 4th Amendment. To fall outside of the realm of cartilage interpretation there may need to be a great distance, fence, plants, etc to separate the area and be considered an open field.

Exigent circumstances, an exception to the warrant requirement may be an exigent circumstance. This happens when a law enforcement officer reasonably believes there is a need to protect life or property. When a search is not motivated by intent to arrest or obtain evidence an un-warranted search may not violate persons 4th Amendment rights.

Vehicles, persons in automobiles generally have a lesser expectation of privacy. A vehicle usually does not serve as a person’s residence or repository of personal belongings. A law enforcement officer needs some sort of probable cause and a reasonable belief the vehicle, occupants, and/or contents are connected with criminal activity. As a general rule items in “plain view” may be seized with out a warrant. Searches at time of arrest, its common and has been found to not violate the 4th Amendment to search an individual incident to an arrest. Two major factors come into play, 1. Officer safety, the officer needs to check for weapons. 2. Preservation of evidence, the officer needs to gain control of evidence to prevent destruction by the arrested party.

Example; It’s reasonable for the officer to search the area within the arrestee's immediate control, that is, the area from which the defendant may gain access to a weapon or evidence. A search of the room in which the arrest is made is therefore permissible, but the same is not true of a search of other rooms, as the arrestee would not probably be able to access weapons or evidence in those rooms at the time of arrest. Borders & Airports, a person, vehicle, and personal effects may be searched without a warrant at any United States boarder or international airport. The “border search” exception even relaxes the necessity for probable cause. While at a border crossing or international airport any person may be searched at random with virtually no violation of his/her 4th Amendment rights. However a search that intrudes on a person’s dignity and privacy must be supported by reasonable suspicion.

Misc. exceptions, some of the other exceptions used for the basis of a warrant less search are; Public Schools, Government Offices, Jail and Prison Cells, Searches Made With Consent.

Fourth Amendment protection does not apply to an arrest and or seizure by a private person. (Citizens Arrest) Most states have laws governing the specific circumstances when a private person may arrest another. Some general examples of when a private person would make an arrest would be when a felony or misdemeanor crime has been committed and possibly witnessed by the arresting citizen. The arresting citizen should have a reasonable belief that the person arrested has committed the crime. A private person making a citizens arrest has no qualified immunity and may face a civil lawsuit if they’re mistaken.

This information has been provided as a reference, and should in no way be relied upon as legal advice. If you have questions or concerns of a specific matter you are encouraged to seek the advice of a competent attorney.

Want to become a Bounty Hunter Like “Dog”?

josh — Thu, 29 Oct 2009 02:22:09 +0000

Well maybe not exactly like Dog, but a bounty hunter just the same. The job of a bounty hunter is to arrest fugitives running from the law. It is a dangerous? Sometimes sure, but that's half the draw right? If you think that a career as a bounty hunter is right up your alley here are the steps needed to do it legally.

Advice: Fugitive Recovery agents come through our office all the time trying to get business. We have only used a few. If you want to get into this business be ready to bring something extraodinary to the table. You must be effective and be able to back it up time and time again. Remember, it takes years to build a great reputation, and only a day to ruin it. That being said, here are the legal requirements.

Complete a 40- training course at an accredited community college that teaches individuals how to become a Fugitive Recovery Agent. This course should include a course about the power of arrest course pursuant to Penal Code Section 832.
Complete a 12-hour, pre-licensing bail education course that is compliant with the Insurance Code Section 1810.7. Go to bailschool.com to see class schedules.
If you are planning on carrying a weapon you must complete the P.C. 832 Firearms course. You must obtain a firearms permit from your county sheriff and carry the permit with you wherever you go.
Complete an 8- hour course that focuses on duties of a security guard and the power to arrest.
Complete the training course successfully to become licensed.

After you have completed all the requirements above you can start make contacts in the bail industry and offer your services as a fugitive recovery agent. This business can be lucrative, it is competitive. In order to break into this business you must be persistent, resourceful, and able to bring results every time. Remember, the act of physically restraining the Fugitive and bringing him/her back into custody is only the end of the hunt. First you must convince a Bail Agent to entrust their liability to you, then find out where the Fugitive is residing. My advice is to plan your strategy on all these fronts before you start taking classes. Don't start this endeavor until you are sure you can stick with it for the long haul. Good Luck and Happy Hunting.

Warning: Bail agency backgound check

admin — Thu, 22 Oct 2009 21:26:45 +0000

Warning: It does not make us proud to advise you there are some bail agencies in the community who will take advantage of unknowing consumers. We are proud to say that most bail agencies are honest and fair with the public. Some are not. It is to your advantage to protect yourself and your family by following a few simple bail bonds consumer tips and bail bonds process.

Make sure you only deal with a licensed bail agent. Ask to see the bail agent’s license and identification prior to any bail transaction. Ask the agent if their license is restricted or in full force. Use this link to check the agent’s license status. http://www.insurance.ca.gov/0200-industry/0070-check-license-status/
Make sure the bail agent charges you only legal rates. The premium charged for a bail bond is normally 10% of the full bail amount. Only select bail agencies are approved to charge a discounted rate of 8%. (Gold Country Bail Bonds is one of the few approved for this rate.) Any additional charges should be itemized and explained to your satisfaction.
Make sure you are given itemized receipts for all charges.
Make sure you are given copies of all signed contracts and agreements.
If financing is provided, make sure you understand the terms of the financing agreement prior to signing and be sure you are given copies of anything you sign.
Make sure the bail agent you contract with will be available to you after the bail bond has been posted. Part of what you pay for is service. Any professional bail agent will be available for questions or concerns throughout the entire process.

Advice: As an informed bail bond consumer, you will have the tools necessary to make the right decisions. Make sure you feel comfortable with the bail agent you choose. Go by your gut instinct. If it feels right, it probably is. If it doesn't feel right, walk away and call someone else. At GOLD COUNTRY BAIL BONDS, we pride ourselves on being professional, straight forward and honest. For immediate assistance, please feel free to contact us.

Arraignment, What Happens, the Process

admin — Wed, 21 Oct 2009 23:53:49 +0000

When a person is arrested the process actually brings about various steps to take or procedures to follow. These steps should be considered a way to protect the rights of the accused. First, following the arrest, comes the process of being booked, arraignment will follow. An arraignment can be defined as the process of reading the criminal charges (complaint) against the defendant in a formal manner. The defendant has the right to be accompanied by an attorney.

An arraignment hearing may be combined with a short hearing to determine the bail amount, and/or if bail will be allowed or not. At this step in the process the defendant has a chance to enter a plea; any of the following pleas are common in a criminal proceeding: no contest, not guilty, or guilty.

When the arraignment takes place depends on different factors. The major factor is the defendant’s custodial status. If the defendant is in custody, arraignment takes place within 48 hours. (Not including weekends and Court holidays.) In the event that the case is not disposed of at arraignment that will be the time when the court sets the next hearing date. Constitutional rights grant the defendant the right to a speedy trial. Prompt arraignment helps to insure that the defendant’s right to speedy trial are met.

Arraignment occurs when a judge, court clerk, or prosecutor reads the complaint to the defendant in court, and asks how the defendant would like to plea to the charges. Generally in both misdemeanor and felony cases the defendant is provided a copy of the complaint outlining the specific charges levied against them.

The filing of a complaint is followed by arraignment. If the defendant is being held in custody, the California Penal Code requires that arraignment be held without unnecessary delay. Unnecessary delay means no more that 48 hours after arrest. When the defendant is not held in custody no specific statutory deadline applies. If the defendant posts a bail bond after arrest but before arraignment the arraignment can be set at a date in the future.

There can also be consequences for unnecessary delay between arrest and arraignment. If a delay occurs a lawful arrest may convert to an unlawful detention. An unreasonable delay in bringing a defendant before the court may be grounds for a civil suit; however it may not be grounds for a dismissal of the criminal case.

The defendant’s attorney can seek a petition for a writ of habeas corpus for the release of the defendant if he is not arraigned or released within the applicable statutory time periods.

Your Miranda Rights

josh — Thu, 15 Oct 2009 21:18:50 +0000

Your Miranda Rights, named after the 1966 U.S. Supreme Court case of Miranda v. Arizona. If you have been charged with a criminal offense, you may likely benefit from consulting with a criminal defense lawyer. Compiled below are some basics concerning your right to remain silent, this information is exactly that, “information” and should not be relied upon as legal advice.

The police must advise suspects of their Miranda Rights, the right to remain silent, the right to an attorney, the right to an appointed attorney if they can’t afford one, prior to conducting custodial interrogations of a suspect. However, If the suspect is not “under arrest” (i.e.: in police custody) there is no need for the police to warn a suspect of his/her Miranda Rights.
The police have become very aware of when they have to advise suspects of their Miranda Rights. Police may question a suspect, intentionally telling the suspect, "You are not under arrest at this time”. After the suspect answers questions voluntarily, sometimes even if he refuses, he is still arrested. The questioning being non-custodial may even be admissible in court. After the arrest the police may have no interest in further questioning, and therefore may never advise the suspect of his Miranda Rights.
Occasionally, a suspect makes a voluntary statement after the arrest. Police rarely warn a suspect not to make any voluntary statements. However, if a statement from a suspect leads to the discovery of additional evidence, even though the statement itself was received in violation of the Miranda Rights ruling the prosecution may still be able to use this evidence against the suspect at trial.
If a person suspected of a crime chooses to remain silent after receiving the Miranda Rights warnings, their silence cannot be used against them in court.
If you learn you are under investigation for a crime, you can prevent pre-Miranda silence from becoming an issue by advising the police, “My attorney advises me not to talk to the police without him present.” It’s perfectly acceptable making your attorney be responsible for your choice to remain silent.
If police try to ask questions after your arrest, they should cease all forms of questioning if you exercise your Miranda Right to remain silent or you request your attorney to be present during questioning.
A person being questioned by police needs to be aware they use different and sometimes very convincing techniques to change a suspects mind about remaining silent. One technique is to simply use silence against a suspect to coerce them to tell their side.

When in doubt you should contact an attorney before entering into questioning with the police. If you have something to say that will exonerate you from the accusations an attorney can assist you to convey your information to the police.

Discounted premiums for AARP members, families and friends

josh — Wed, 14 Oct 2009 21:18:24 +0000

Gold Country Bail Bonds now offers an industry first for AARP members, families and friends to receive a 20% discount on bail bonds premiums. That’s right, a bail bond for 8%. You can even take advantage of our client friendly premium financing program which allows you to make payments on your discounted bail bond premium at zero (0%) percent interest.

With our AARP discount bail program Gold Country Bail Bonds offers an instant 20% discount to AARP members, low monthly payments at 0% interest, fast friendly service anytime 24/7 local and nation wide.

Not a member of AARP? Not to worry, Gold Country Bail Bonds offers other discount bail bond programs to union members, active or retired military, or persons retaining a lawyer.

Our discount programs have been carefully engineered with you “our client” in mind. Our bail bond premium discount programs are offered to anyone participating in the transaction. (Co-signors and defendants qualify for a discount) Call us and let one of our experienced agents assist you with one of our discount programs.

How to get your Gun Back

josh — Wed, 14 Oct 2009 21:16:51 +0000

You must complete a “Law Enforcement Gun Release Application”. Send the application along with the appropriate processing fee to the Department of Justice. The processing fee for a Law Enforcement Gun Release Application is $20.00 for the first firearm (long gun or handgun), and $3.00 for each additional handgun listed on the application.

If the court or agency in possession of your firearm determines that the firearm was reported stolen, the fee for the stolen firearms(s) will be waived. You must send documentation from the court or agency confirming that the firearm was reported stolen along with the Law Enforcement Gun Release Application to quality for the fee waiver.

Once DOJ receives your Law Enforcement Gun Release Application, a firearms eligibility check will be conducted to determine if you are lawfully eligible to possess firearms. You will receive a notice of the results. If this notice states that you are eligible to possess firearms, you then take the notice to the court or agency in possession of your firearm to claim it. The notice must be presented to the court or agency within thirty (30) days of the date of the notice. Failure to do so will result in the need to submit a new application and fees to undergo another firearms eligibility check.