Your Right to Bail

Your Rights

In the United States of America, you are presumed innocent until proven guilty. That is the fundamental cornerstone upon which release on bail, prior to trial, rests. As a citizen of the U.S., because of the Eighth Amendment, you have the following unalienable rights:

  • The right to know the charges.
  • The right to be presumed innocent – Detention without specific charges is prohibited.
  • The right to non-excessive bail.


Arrest and Bail Bonds

Q: What is a Bail Bond?
A: A bail bond, technically called a “surety bond”, is a contractual undertaking guaranteed by a state licensed bail bail bondsman who is backed by an insurance company. The bail agent guarantees to the court payment of the full amount of the bond if the defendant fails to appear for their scheduled court appearances. For your protection, always deal with licensed bail bond company.

Q: What is the cost of a Bail Bond?
A: In most states, including California, the cost of a bail bond is 10% of the bail. Note that each state sets their rates and the rates are non-negotiable. There are no hidden fees or taxes for a bail bond. By example, if the bail is set at $25,000, then the fee charged is $2500, no more and no less by law.

Q: Can I find Cheap Bail?
A: The cost of a bail bond in California is set with the Department of Insurance at 10% of the total bail amount. We often get the questions from potential clients: “Can you do it for less?”, “Would you take 5% if I pay cash?” Any agent offering bail at 5% in the State of California is simply acting illegally or deceptively.

We understand that you want your bail bond at the lowest cost. If possible, you want “Cheap Bail Bonds” We will work with you to find the best situation to obtain bail in a legal manner.

Q: Do you offer 5% Bail or Negotiate Premium?
A: We do not negotiate bail premium. Some people may not care if paying an illegal 5% bail bonds premium is against the law. However, we ask you to consider carefully the position in which unlawful bail puts you. If a bail agent is breaking the law by price-cutting, will the same agent return your collateral? Will he or she surrender the defendant back to the court without cause? 5% sounds like a great deal, but what will it really cost you? Please be careful and think through your options before accepting a cheap bail bond offer.

Q: How do I pay for the Bail Bond?
A: When arranging bail, companies generally need payment in advance of “posting” a bond for the release of a detainee. We accept cash, Visa, MasterCard, American Express and Discover. Most of our clients pay using credit card.
At Scott Haynes Bail Bonds, we know the cost of the bail bond is more than many people have at hand. Therefore we offer various payment options, flexible financing and payment plans when acquiring a bail bond. In many cases, we can offer no collateral bail bonds.

Q: What happens when a person is arrested?
A: When an indivual is arrested, generally, they will be taken to a local law enforcement station for processing and booking. Processing and booking includes fingerprinting, pictures, and nation-wide computer database searches. It can take many hours, but in smaller jails generally happens more quickly. Bail cannot be arranged until the arrest process is complete.

Q: What is a “Cite Out” or “Cite & Release”?
A: A Citation and releaseinvolves the issuance of a citation to the arrestee, informing the arrestee that he or she must appear for an appointed court date. This is typical for more minor infractions such as traffic violations. No bail bond is required.

Q: What is “O.R.”?
A: Defendants can be released on their Own Recongnizance, also known as “OR”. This is usually reserved for lesser crimes. Only a judge can decide to release a detainee on OR. In such a case, the defendant is released with a written promise to appear in court and no bail is required.

Q: Can I just pay the jail for the full amount of the bail?
A: Yes, you can. To be released on cash bail, an individual must post the full amount of the bail with the court in the form of cash or cashiers check. In order to post cash bail, an individual should check with the bail clerk to verify forms of payment accepted in an individual jurisdiction as different courts may have other options or restrictions. The source of funds for large bail generally must be verified to ensure that funds come from legal sources.

Q: What is the procedure for bailing somebody out of jail?
A:Generally, a bail bond company will be contacted by phone to begin the bail procedur. During the initial phone consultation, most companies will ask for information about your situation in order to determine the risk involved in the bond and begin the approval process.

Once the bail bond is approved, the customer will need to sign basic bail bond documents including an application, Indemnity Agreement, and receipt. After the paperwork is finalized and payment has been made, a licensed bondsman will “post” the bail bond at the jail.

Q: Do you offer financing or payment plan options?
A: We realize that the cost of a bail bond may be more than you have readily available. If you qualify, we can work out a payment plan.

  • We do not charge a fee for financing.
  • We will work out payments that you can afford.
  • We offer no collateral bail bonds to qualified applicants.
  • We accept cosigners (make sure you understand your bail bond indemnitor responsibility before you sign).

Q: What happens if the defendant is not bailed out?
A: If the defendant is not bailed out he or she will generally remain in custody until the matter has been resolved in court.