What is the New Upcoming California Bail System All About?

Posted by Ronald D. HeddingOct 08, 2019

It appears that California is attempting to eliminate bail bond agents.  What they're doing — again, it seems because everything hasn't been fully structured and set up — but it looks like it's very similar to the federal system, where a bail bondsman is not used. California will become the first state to abolish bail for suspects awaiting trial under a sweeping reform bill. It's called the California Money Bail Reform Act.

When the judge sets bail, the bail is set, and either there is no bail where the person can't get out, or they're set at a property bond.  For example, where the person can put up a property and deed over that property to the state, and then if the person skips the bond or doesn't show up to court, the state can foreclose on that property and collect their money for the bond.

California Money Bail Reform Act

Additionally, many actions taken in federal court and those appearing in state courts across California may be considered. One such thing is what's called a signature bond, where the person signs and promises to appear in court.

The person can do it.  That's called a signature bond, where, for example, they sign a document stating that if they fail to appear, they will owe the court $ 25,000. In a typical domestic violence case, the bail is usually set at around $50,000, which is relatively high. Bond companies typically require collateral and charge a premium ranging from seven to 10 percent.

Another option is to have someone the person knows do a signature bond, or multiple people could do a signature bond.  Again, that means if the person doesn't show up for court. The person who signed the signature bond would be responsible for the amount of money they signed for, and the government would then attempt to collect that money from the person.

Signature Bond

For instance, an individual might be required to provide a $25,000.00 signature bond. Upon signing the bond, as long as the person fulfills their obligation to appear in court, there should be no issues.

As someone who has been involved in the legal system for twenty-five years, I find it difficult to understand why California is changing its bail system. The current system, which involves bail bond agents and collateral, seems more sensible to me than the federal system. This change has left me with many questions, particularly about its potential impact on the criminal justice system.

It appears to target bail bond agents throughout the state of California. In Los Angeles, bail bondsmen are often viewed as unscrupulous and do not operate in a manner that promotes justice. However, they play a significant role in the current system, and their potential elimination raises important questions about the future of bail.

While it seems that the government is targeting bail bondsmen, there is a possibility that this new system could be challenged and potentially defeated. The future is uncertain, and it's crucial for legislators and voters to closely monitor the implementation of new systems. However, it's important to remember that change is always a possibility.

While the implementation of a new bail system may initially cause upheaval, it also presents an opportunity for change and improvement.  With time and effort, it can be understood and managed. Engaging the services of a skilled criminal defense attorney can significantly aid in securing bail, gaining release, and ensuring justice.

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