Bail is simply the temporary release of a prisoner in exchange for security given.
Its sole purpose is to assure the attendance of the defendant each and every time
the court requests the person’s appearance until the judge has the opportunity to
make a decision on the case.
The bail process involves a contractual undertaking guaranteed by a bonding company,
which writes a check to the jail for the total amount of the bail and charges a
standard 10% premium established by the Department of Insurance for the state of
California. There are two parts of bail. First, the premium, which is normally
paid in advance, non-refundable and renewable on an annual basis. Collateral is
the second part that is normally provided in the approximate value of the bail amount.
A bail bond will usually require some type of collateral such as cash, real estate,
an automobile and even a signature. Retaining collateral is at the discretion of the
bonding company. Collateral should be returned when the judge makes a decision on the
case and exonerates the bond, (Relieves the Bond Company from their liability).
Every party that anticipates the return of their collateral should take the initiative
in retaining exoneration paperwork from the clerk’s office within the courthouse to
help expedite the process.
