– We’re with David Shapiro,
David is a criminal defense attorney in San Diego, he’s
agreed to answer an online question that was posted. This specific question
was to related to bail. David, with that said,
here’s the question, and this is from
Michael, Michael said “My grandson was
arrested for fighting “and asked me to
bail him out of jail. “I’ve never dealt
with this before. “I have no idea
of what bail costs “how to pay bail, or
what happens afterward. “What does it mean to bail
out of jail? What do I do?” – Okay, Michael, let’s first
start assuming that this is a California State court case. What bail is, is this: Bail, the purpose of bail is
to ensure, basically, that the person is going
to come back to court and to protect the community. So, the purpose of
bail, sir, is two-fold. To ensure your grandson
is gonna come back and to make sure that there’s
enough of an investment and conditions
related to that bail so the community kind of
feels like they’re safe and can be equally as safe
if he’s out of custody as opposed to being in jail. So, when you bail someone out you could go pretty
much one of three ways. The least common way is
to use a property bond. So that’s if the bail is
$10,000, you need to show $20,000 of equity in a property. That takes some time, you
have to get stuff appraised and it’s just more of
a headache, really, than it needs to be. The second way to go about
bailing someone out of custody is if you post that money. So, say the bail is $10,000,
you post $10,000 bail. Now, it’s worth noting
that whether it’s property, a lien on your property, or
whether it’s the cash bail that you post, if the person
does not show up to court and bail is forfeited
that money gets kept, that lien on the
property gets kept. No matter happens with the
case, if the person shows up and even if they’re convicted,
at the end of the case that bail will be what’s
known as exonerated. What that means is you
would get that money back in its entirety, the lien
would be lifted off your home or property or whatever
the case may be. The third and most common
way people bail out in California,
particularly in San Diego, is through a bail bondsman. Bail bondsmans basically
will take anywhere from seven to 10 percent of the bail, they keep that for
their own payment and they put up the rest
as basically a surety that the person, in this case your
grandson I believe it was, would actually come back. So, say your grandson’s
bail is 10,000. If you’re like, hey, I
don’t have $10,000 liquid to post cash bail or I
don’t have that property or don’t want that
burden on my property, I just wanna go through
a bail bondsman, then what you do is you
contact a bail bondsman and in all likelihood they
will charge you, like I said seven to 10 percent. So if it’s a $1,000 bond, you
pay the bondsman, lets say keep the math clean,
10%, that’s $1,000 goes to the bondsman. That bail company
will put up the rest assuming your grandson,
obviously as a condition of your grandson showing up. Your grandson shows up, he
does what he needs to do, the case is done. Whether it’s dismissed,
whether he’s convicted, somewhere in between,
whatever happens. At the end of the case you
don’t get that $1,000 that you paid the bail bondsman back. That’s a cost of doing
business with the bail bondsman for them to put up that
other 9,000 as a surety. Okay, so a lot of times
people have that situation where they bail a
loved one out of jail and no charges are
filed, and they’re like, hey but I had to pay $5,000
to the bail bondsman. There’s no court, why do
I need to keep doing that? Well, that’s a contract between
you and the bail bondsman. So you could be sued civilly
if you don’t, basically, adhere to the terms of
your contract with them. It’s not really something
I get too involved in but it’s something
to be considered. You’re on the hook for 10% if
you go through bail bondsman no matter what
happens with the case. If your grandson wouldn’t
show up at court in the future then the bail bondsman may
come after you for some money if you’re the third
party involved here basically to help defray or
deflect some of their costs that the court may
impose on them. – Excellent, well if you have
any other questions for David just post them at the
comments section below. Thanks for the answer, David. – Yeah, my pleasure, and
again if you have any other further questions regarding
bail or anything else for that matter feel
free to reach out to me or my staff at six one
nine, two nine five, three five five five.