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Archives: June 2017

When you are arrested most people assume they are being charged with a particular crime. They also assume that they cannot be arrested unless they are charged with a crime first. The interesting thing is that an arrest and charges are each their own thing and are dealt with differently. Being arrested and booked into a jail is not a fun experience and you really need some education on what happens. This is the best way to ensure that you are prepared and ready to deal with a potential case. The arrest can come before or after charges depending on the case. No matter what kind of case you are dealing with bail is most likely a part of the solution. Having the opportunity to bail out of jail is essential when you are trying to prepare a defense. The defendant that is stuck in the jail is not able to work on the case and it is a bigger battle ahead. Now that you know bail is essential you need to know what the difference between an arrest and charges really are and how they work.

Ajua Bail Bonds Explains The Difference Between An Arrest & Charges

What is an Arrest?: An arrest is a particular action that is taken against a person. The arrest will come from a law enforcement officer that has the right to detain a person. They can’t just come out and arrest someone without any cause. The cause can be many different things that a police officer sees or knows about that is illegal. The arrest happens when the officer handcuffs the perpetrator and takes them down to the jail. They will read you your rights and take you in to be booked. That will include mugshots, fingerprints and an appointment set up to see a judge. Once you are arrested the case is taken to the district attorney’s office in your area that will review it. They can say that the evidence is sufficient to bring charges or the person should be released. An arrest does not always mean that you will have charges to answer to.
Charged with a Crime Definition: The interesting thing is that you can have charges brought against you after an arrest but they can also be brought before you are arrested too. The charges can be brought and a warrant issued for your arrest. This means that an officer will be on the hunt and will pick you up if they come across you. If you are arrested and the attorney thinks there is enough to bring charges then that can also occur. The charges are what will make up the case and what a judge and potential jury will hear about. You will need to see a judge and answer for the charges and hope that the judge will offer you bail. If they do then you will need to prepare a case with whatever legal team you choose.

Bail Bonds Services in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California.

If you are arrested and you have charges brought against you make sure that you get bail so you can be released from jail. Ajua Bail Bonds offers discreet and compassionate bail bond services. Contact us today!

Ajua Bail Bonds of Fresno, California is very familiar with the process of bail bonds and we are honored to help you through and understand the process. We are experienced in many facets and with our reliability and discretion; Ajua Bail Bonds can help you or loved one get the bail bond you need in order to get you released from jail quickly. We are available 24 hours a day, 7 days a week when the situation arises and can provide our services throughout Fresno, Madera, Kings, and Tulare Counties in the Central Valley, California area. Especially true for those unfamiliar with the process, getting arrested can be an overwhelming experience and Ajua Bail Bonds is here to answer your questions and do whatever is in our power to help you through the legal process.

California Three Strikes Law

Ajua Bail Bonds offers our bail bond services for a number of offenses. Understanding California’s Three Strikes Law is important when dealing with the court system. Generally, for those that repeatedly commit a felony, the 3 strikes law is a state law that provide harsher punishments. There are 28 states that have heavier sentencing for repeat offenders, including California. Though the circumstances differ from state to state, generally, the factors that apply to the three strikes law include the following:
– Time duration between felonies.
– The degree of the felonies.
– The sequence of crimes committed.
– The trial judge’s discretion in sentencing under the law.

History of California Three Strikes Law

California was noted for being the most severe when delivering punishments involving the three strikes law, but have since began to relax some, depending on the severity of the crimes committed. The implemented three strikes law was set in place in an effort to keep repeat offenders imprisoned. Logically, it was ideal to keep the violent offenders incarcerated to prevent others from being hurt or worse by their remorseless behavior.

Wobbler Crimes

Crimes that can be considered misdemeanor or felony are known as wobbler laws. If the defendant has on record two previous felonies for example, and commits a crime considered to be wobbler, the court can use their discretion to charge the crime as a felony which can then be used to influence the three strikes law and receive a harsher sentence, which in most cases, is often the case. On the other hand, if two felony crimes were committed after a wobbler crime, the three strikes law will not be triggered, sparing the defendant the harsher sentencing. Though the 3 strikes law was challenged as an unconstitutional violation of the 8th Amendment, the Supreme Court upheld the law, even when concerning the minor felonies.

Bail Bond Services in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California

If you have been arrested and the three strikes law may apply to your case, you need to begin planning your defense as soon as possible. Contact Ajua Bail Bonds as soon as possible to get your bail posted and you released from jail. Immediately contact a skilled criminal defense attorney and get your defense and personal life in order to prepare for oncoming court dates and processing. If you have any questions concerning the three strikes law in California, Ajua Bail Bonds is happy to assist you and point you in the right direction. Call Ajua Bail Bonds quickly to get your bail bond rapidly and efficiently.

In many if not most states in the United States, the regulatory agencies for bail bondsman is the same that regulates the insurance industry. A bail bondsman is an agent of an insurance company that underwrites and issues the bond, a surety bond.

What is a Surety Bond?

Surety bonds are legally binding contracts between two parties, the principal or the person needing the bond, usually the arrestee, and the obligee, the person requiring the bond. Usually the court of jurisdiction and the surety or insurance company issuing the bond and guaranteeing the principle will be paid to fulfill the obligation. Surety bonds are a bit confusing for most. They are part insurance and part credit, depending on your perspective. If the principal defaults (usually failure to appear in court) the obligee can file a claim if the bond’s promise is not met. Essentially a surety bond is a form of credit for the principle and insurance for the obligee or court.

Consequences of Not Abiding by the Terms of the Bond

Most surety bond clauses require you to abide by the terms of the bond. If you don’t abide by the terms of the bond, a claim can ensue and you are obligated to pay the full amount, including legal costs. An indemnity agreement pledges that you will reimburse the surety for any claims and lawful reimbursement for any costs to enforce the obligation. Collateral assets like personal property (cars, jewelry, etc.) and real property assets like land or a house are usually obligatory up to the amount of the bond. These assets are forfeited in the case of successful claim.

How Much Does it Cost to Bail Someone out of Jail?

These surety bonds also require that the principle agrees to forfeit his right to extradition if he flees the jurisdiction. This allows for the apprehension if the principle skips, and has crossed jurisdictional boundaries.
Typically the fees associated with a bail bond are 10% of the bond amount, with federal courts going up to 15 percent. The principle is responsible for obtaining this amount and paying up-front before any bail bond is issued. Bonds are issued to ensure court appearances, and that the arrestee complies with any special conditions pending the appearance before the judge. Most cannot afford bonds over $10,000, thus the bond facilitates release, guarantees appearance in court and helps to regulate detention facility populations.

Bail Enforcement & Fugitive Recovery Agents

Generally enforcement of the bond falls to a bail bond enforcement agent or fugitive recovery agent, a private individual that locates and apprehends the individual that defaulted and is not in compliance of the bond. Bond enforcement agents enjoy a high success rate as they dedicate the resources necessary to locate, detain and extradite the suspect. These’ bounty hunters’ charge about 10%, but this is cheaper than forfeiting the entire bond amount. Unless the defendant is a high profile or violent offender or an escapee law enforcement agencies dedicate few resources to the pursuit of a fugitive. Most arrest warrants are served incident to a traffic violation or response and/or investigation of an event.

Bail Bond Services in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California

Ajua Bail Bonds want to help you get out of jail fast. Contact us if you or a loved one have been arrested.

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