What is the New Upcoming California Bail System All About?

Posted by Ronald D. HeddingOct 08, 2019

It appears that California is attempting to do away with bail bondsmen.  What they're doing — again, it seems because everything hasn't been all structured up 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

Also, many things that are being done in the federal court that appear may be considered in the state courts across California. One such thing is what's called a signature bond, where the person signs and says that they will promise to appear in court.

The person can do it.  That's called a signature bond, where, for example, they sign something saying that if they don't appear, they owe the court $25,000.00. In a typical domestic violence case, the bail is usually set at around $50,000, which is relatively high. The bond companies typically want some collateral and charge anywhere from seven to 10 percent for the premium.

Another option is to have someone the person knows to 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 whatever amount of money they signed for, and then the government would then try to collect that money against 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 bondsmen and collateral, seems to make more sense to me than the federal system. This change has left me with many questions.

It appears to be targeted at bail bondsmen throughout California. In Los Angeles, bail bondsmen are viewed as seedy and do not operate in a way that promotes justice.

While it seems that the government is targeting bail bondsmen, there's still a chance that this new system could be fought and potentially defeated. The future is uncertain, and legislators and voters often overlook the implementation of new systems. However, there's always the possibility of change.

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 for oneself.

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