If you or a loved one faces an arrest for violating California drug laws, you could be detained in jail until the judge schedules the trial. Fortunately, most drug crime defendants are eligible for a release. The court required you to post bail in exchange for your release before trial.
Bail money guarantees your attendance to all your court proceedings since drug crimes are serious and carry significant penalties, the bail for these offenses may be significantly higher. This helps discourage a defendant from fleeing.
For most defendants, posting bail in cash for a quick release may not be possible. This is because the full bail amount must be submitted to the court before a release. Therefore, posting a drug bail bond becomes the most favorable option to secure a release. This involves contacting a surety company experienced in posting bail bonds for defendants facing drug crimes for their assistance.
Understanding Drug Bail Bonds
When you are arrested and charged with different drug-related offenses, the court requires you to post bail for a chance at release with a pending trial. The judge sets your bail by considering other case factors, including crime severity. California law is strict for individuals facing drug charges. For this reason, your bail may be too high, making it impossible to raise the money on short notice.
A drug bail bond is a contract between a bail bond company, the court, and a defendant facing charges for a drug crime. Most defendants opt for a bail bond to secure a release with a pending drug crime charge if they do not have sufficient funds or property for bail. Common drug crimes for which you could be charged under the California Health and Safety Code include:
Possession of a Controlled Substance
California HSC 11550 makes it an offense to possess a controlled substance without a valid prescription. A controlled substance is any substance or drug whose possession, sale, use, and consumption are regulated by the government. Controlled substances could range from illegal narcotics to prescription medications.
Possession of a controlled substance is a simple misdemeanor offense. Before your conviction, the prosecution must prove that you possessed a substance that you knew was controlled. Your knowledge of the specific substance is not necessary to secure a conviction.
Possession for Sale of Narcotics
You can be arrested and charged with a felony for possession of narcotics to sell them under HS 11352. Your intent to sell a controlled substance is determined by the quantity of the substance you possess and the presence of drug paraphernalia linked to drug sales. California law is strict on individuals who sell narcotics. Therefore, the court might set a high bail amount to discourage you from fleeing after your release.
After your arrest for possessing a controlled substance for sale, you can contact a Temecula bail bonds company to help you secure a release. Surety companies have numerous resources, and posting a large bail bond cannot cause suspicion among the court and prosecutors.
Possession of Drug Paraphernalia
It is a crime to possess drug paraphernalia. Under California HSC 11364, drug paraphernalia is any item used for injecting, smoking, or using a controlled substance. Drug paraphernalia includes things like rolling appears, pipes, syringes, roach clips, and hypodermic needles, among others.
When establishing your liability under this statute, the prosecution must prove that you knew of the presence of the paraphernalia. A conviction for possession of drug paraphernalia will result in a jail sentence of up to six months and fines that do not exceed $1,000.
Possession of Marijuana
California law allows individuals over twenty-one years old to possess up to eight grams of marijuana for personal use. However, possessing more substance than is accepted can attract an arrest and charges under HSC 11357. Additionally, you could be charged under this statute if you possess the legal quality of marijuana near school premises.
Possession of marijuana is a misdemeanor, which could cause you to spend up to six months in jail and up to $500 in fines.
Sale of Marijuana
Under HSC 11360, it is a crime to give away, sell, or transport marijuana. You can be charged with a felony or misdemeanor for the sale of marijuana if the prosecution can prove that you exchanged a significant amount of the substance for money or another valuable item. When charged as a misdemeanor, possession of marijuana is punishable by up to six months in jail. However, if you are accused of a felony, you should spend two to four years in prison.
Manufacturing of a Controlled Substance
California Health and Safety 11379.6 makes it a crime for anyone to prepare, derive, produce, or manufacture a controlled substance. Substances that are covered under this statute include meth, cocaine, ecstasy, and cocaine. You will be convicted of this offense if the prosecution can prove that you manufactured a substance with the knowledge that it is controlled in California.
The potential penalties you will face after a conviction for manufacturing a controlled substance will depend on the quantity of the substance you manufacture. After your conviction, you could spend much time in prison and pay hefty fines.
Steps for Securing Drug Bail Bonds in California
You can secure drug bail bonds without the financial capacity for a cash or property bond. Obtaining a bail bond helps lower the financial responsibility of securing a defendant's release from jail. The process of securing a drug bail bond includes:
Arrest and Booking
Drug crimes in California range from possession to the sale and transportation of controlled substances. After an arrest for violating drug laws, you will be booked into a jail cell. The booking process involves noting down your identification information and taking your mugshot. Typically, a defendant is expected to remain in jail until the court schedules their trial and the case ends.
Setting Bail
Bail is the amount of money you must pay to the court for a defendant's release from jail with a pending criminal case. The court sets your bail at your first arraignment. Although drug crimes are serious offenses, defendants arrested for these offenses are entitled to a release on bail. The amount you need to pay for bail is determined using the bail schedules and adjusted depending on other factors in your case.
Depending on the nature of your drug crime, the judge will use the amount on the bail schedule as a base amount. This amount will be increased or reduced depending on the drugs involved in the offense. You can explore different payment methods to secure a release when the bail is set.
Seeking Bail Bonds
The first thing you need to do when seeking drug bail bonds is to contact a Temecula bail bonds company. Bail bond companies offer the financial assistance you need to secure the release. When you contact the company, they will send out a bail bondsman to represent you in the bail posting process.
Before contacting a surety company, you must have the following information about the defendant:
- Name and location of the jail where they are held.
- The defendant's booking number.
- The specific drug crime with which they are charged.
- The amount of bail needed to secure their release.
Your Temecula bail bondsman will assess your situation to determine the defendant’s eligibility for a bail bond. This is done by determining the defendant’s flight risk and your ability to pay for the bail services. You can fill out the contract if you are a good candidate for the bail bond.
Cost of Drug Bail Bonds
When you enter into a bail bond contract, the company will pay the bail money to the court to secure your loved one's release. In exchange for the bail bond services, you must pay a premium, often a percentage of the total bail. California's standard premium fee for bail bonds is 10% of the original bail amount.
When the bail amount is high, the premium fee could still be unaffordable for the defendant. Fortunately, your Temecula bail bonds company can offer you a bail bond repayment plan. This agreement allows you to pay a down payment for the bail bonds premium and pay the balance in affordable installments.
In addition to the premium, the company may require you to pay collateral for the drug bail bonds. The severity of drug crime charges makes a defendant a high flight risk. Therefore, the drug bail bonds collateral ensures that the surety company does not lose its money in a bail forfeiture. If a defendant flees after posting bail and the surety loses money to the court, the collateral can be sold to recover that money.
After agreeing on the costs you must cover for the bail bond, the bail bondsman will post your loved ones' bond, allowing them to be released. As the bail bond cosigner, you will be liable for ensuring that your loved one returns to court for trial and follows all the bail conditions.
Bail Bond Exoneration of Forfeiture
Bail is not punishment for a defendant’s drug crimes. Therefore, the court will refund the money to the payer when the case ends. The Temecula bail bonds company can recover its money if your loved one is convicted or their charges are dismissed. However, if the defendant skips bail or violates the bail conditions, the surety company will seize the collateral you used to recover their money.
Factors to Consider When Hiring a Company to Offer You Drug Bail Bonds
Facing an arrest and charges for a drug crime can be a traumatizing experience. The fast release is facilitated by posting a bail bond, allowing you to move on with your life and meet with your legal team to discuss your defense. Some of the factors that you must consider when hiring a Temecula bail bonds company to help you post a drug bail bon include:
- Availability. Arrests for drug crimes can occur at any time. Therefore, you must seek a bail bonds company that is available 24/7 to take your call and respond to your concerns.
- Experience. Posting bail for drug crimes can be complicated. The court will impose strict bail conditions that the defendant must follow to avoid bail forfeiture. Therefore, you must work with a bail bondsman who has experience handling bail for drug crimes. Such a bail bondsman will be familiar with the jail and court processes, making the bail posting process faster.
- Bail bond cost. Before settling for a bail bonds company, you should understand the amount they charge for drug bail bonds. This helps you avoid unexpected costs. Fighting a drug crime charge will require you to hire a legal team, which needs money. Therefore, you should move forward with a surety company that charges a reasonable amount. This allows you to save your resources for hiring an attorney.
- Flexible payment options. No one anticipates a drug crime arrest. Therefore, most people do not have money set aside to post bail. The premium could be unaffordable with the high bail amounts set for these offenses. Working with a bail bonds company that is flexible with repayment plans helps ensure your loved one does not spend unnecessary time behind bars.
Find a Reliable Temecula Bail Bonds Company Near Me
Securing a release with a pending case in California requires you to post bail. While drug crimes are severe, most defendants facing charges for these offenses are eligible for a bail release. However, the court may set a high bail amount, making it unaffordable for most defendants and their families.
If cash bail is not affordable for you and your family, you can explore other options for securing a release, including property or bail bonds. If you learn that your loved one or friend is in jail for a drug-related offense, you can call a bail bond company for assistance in posting their bail.
Securing drug bail bonds in California lowers your financial responsibility in the bail posting process. Hiring the right surety company can significantly impact your experience when posting bail for a loved one or friend. At Fausto Bail Bonds, we will offer financial help and expert guidance to post your bail in Temecula, CA. Contact us at 855-328-7867 and allow us to guide you through the challenging bail process.