In California, bail is an agreement between a defendant and the court where the defendant is released before trial. By posting bail, you assure the court that you will return for scheduled court proceedings and will follow through with your criminal case. For this reason, bail is not a punishment for your crimes.
A bail release is awarded for defendants facing state and federal criminal charges. Although federal and state bonds serve the same purpose, the two have significant differences. These differences are based on the reason for posting the bail, the costs, and the processes of securing the release. Understanding the type of bond you need and the right way to obtain it is critical to ensuring a smooth release for a loved one.
The courts can set high state or federal bonds, depending on the circumstances. Therefore, working with a skilled Temecula bail bondsman can help lessen the financial burden of the bond posting process.
The differences between federal bonds and state bonds include:
Federal Bonds are Posted for Federal Crimes, while State Bonds are For State Crimes
Whether you post a federal or a state bond will vary depending on the type of offense for which you are charged. State bonds are the most common forms of bond and are available for defendants facing charges of violating California law. This includes crimes under the California Penal Code, Vehicle Code, Business and Professions Code, or Health and Safety Code.
On the other hand, federal bonds are required for defendants facing federal charges. Your case could be charged in federal court if you are arrested for any of the following offenses:
Money laundering is a severe federal crime that involves organized crime. You can be arrested and charged with money laundering if you disguise the source or destination of money obtained illegally. This could be accomplished by creating and running multiple bank accounts where the transfers are meant to look like they come from a legitimate business.
Most of the money involved in money laundering is obtained through drug trafficking or fraud. A conviction for money laundering in federal court can see you spend up to twenty years behind bars. You may need to post federal bail for a release from a federal court before trial. The high financial resources associated with money laundering could increase your flight risk, thus increasing your federal bond amount.
Drug trafficking is one of the most severe drug crimes with which you could be charged. This offense is committed through the illegal transportation of controlled substances. Drug trafficking is criminalized under state and federal law. However, your offense will be more serious when charged in federal court. Often, the prosecutors will take the case to federal court when transportation and sales involve large quantities of controlled substances.
With the increase in the severity of federal drug crimes, securing a bail release could be challenging. When the bail amount is high and unaffordable, seeking the services of a Temecula bail bonds company is the most convenient way to release a pending case.
Under 18 U.S.C. 1028, identity theft is using another person’s identification information for fraud. This could be done by making false statements, deceiving, or misrepresenting facts. Although most identity theft charges are dealt with in state court, the federal court will be involved when a high dollar value is involved.
Some of the ways people can access another person’s identification information are through unsecured networks or internet scams. You can be charged with federal identity theft for using another person’s name, social security number, or driver’s license number.
Identity theft done to commit a felony and other serious offenses could result in a federal prison sentence of up to thirty years. Securing a release on federal bonds allows you to meet your attorneys and plan a strong defense for this severe offense.
Under federal law, human trafficking involves the illegal transportation of people for forced sex or labor. Human trafficking is the most severe offense against humanity and attracts serious legal consequences after a conviction.
A Third Party can Sign your No-bail Release in Federal Court, While You Can Sign your Own No-Bail Release in State Court
Not all defendants need to make a monetary commitment to secure a release from a state or federal court with a pending trial. However, the no-bail release differs depending on the court level of your case.
In state court, the no-bail release is commonly known as the own recognizance (OR) release. Being released with your own recognizance means you will not present any money to the court. Instead, you must sign a note promising to return to court for trial.
An OR release is available to defendants facing low-level misdemeanors, and no third parties will be involved in your release. Additionally, there will be no financial repercussions for filing to appear after an OR release. If you skip court dates after this type of release, you will be arrested and detained in jail or required to post bail for a follow-up release.
On the other hand, the no-bail release in federal court is known as the appearance bond, and third parties are involved. This type of federal bond requires a family member or friend to sign an Affidavit of Surety (CR-04 form). This affidavit obligates the person who signs it to pay a federal bond to the court if the defendant skips bail or violates bail conditions.
The court determines who can become the surety for this type of release, depending on the specific amount of bail set for the defendant. If your loved one faces charges in federal court, you may qualify as a surety for their appearance bond if you have a high income or resources. Additionally, a Temecula bail bonds company can provide this surety.
If you fail to appear for court proceedings or do not follow the set bail conditions, the surety will be required to pay your federal bail, which is nonrefundable.
Federal Bond Amounts are Significantly Higher than State Bonds
Federal crimes are often very severe, and the potential consequences of a federal conviction could be life-changing. These offenses have mandatory minimum sentences, meaning you must serve a significant amount of your sentence before your eligibility for a release. The flight risk increases with an increased risk of incarceration and harsh punishment. Most people flee after a release on federal bond to avoid the consequences of their actions.
For this reason, federal bonds are more expensive than state bonds. The high bail amounts in federal court make it challenging for most defendants and their families to secure a release on cash bail. Therefore, you will need a federal bail bond from a reliable Temecula bail bonds company.
After assessing your eligibility for the federal bail bond, the bail bond company will post the total amount to the federal court to secure your loved one's release. You must provide a non-refundable premium in exchange for their services and guidance.
A significant way the cost of federal bonds differs from state bonds is the amount you must pay as a premium. California's standard bail bond fee is 10% of your total bail amount. The amount could be lowered when you negotiate with the surety company.
On the other hand, the premium for a federal bail bond is up to 15% of the amount that the judge sets. This means you will have a higher financial obligation with this type of bond. Depending on your choice of a federal bail bond company, you can agree to pay a portion of the premium upfront and cover the rest in affordable installments.
There is a Mandatory Cash Bail Hearing for Federal Bonds
For defendants facing state or federal charges, there are multiple options through which bail can be posted. Posting a cash bail is the fastest way to secure a release. You will not need third parties to intervene in the bail posting process. However, posting a defendant's bail in cash could open doors for financial scrutiny.
In state court, a financial investigation will be carried out to determine the source of the funds used to post bail. However, the defendant will have nothing much to prove. This is only sometimes the case in federal court. Cases tried in federal court are often very severe and could include activities like drug trafficking, human trafficking, money laundering, and other ways of obtaining money illegally.
For this reason, a federal court judge will schedule a special cash bond hearing before a defendant’s release from custody. This hearing aims to verify the source of the bail funds. This scrutiny could invade your financial affairs and delay the release.
Due to the heightened scrutiny in the federal bonds posting process, securing a release with the help of a Temecula bail bonds company would be wise. The courts know the high financial capacity of the surety companies. Therefore, you can keep your financial matters private.
Federal Bonds have Strict Release Conditions
The cases charged in federal court are often severe, and their consequences could be life-changing. For this reason, most federal defendants are considered high-risk. In addition to setting a high bail amount, the federal court imposes strict conditions for releasing federal bonds. These bail conditions help keep the defendant from skipping bail and violating other laws.
While the state court could impose some bail release conditions, these conditions could be more serious. Common conditions of a federal bond release include:
- Random drug testing. While out on federal bond, a defendant must submit to random drug testing.
- Electronic monitoring. Electronic monitoring will be required to reduce the flight risk for defendants facing federal charges. This helps ensure that the defendant does not leave.
- Travel restrictions. When a defendant is released from federal custody on a bond, they may be ordered to remain in the country until the case ends. This condition is enforced by surrendering all travel documents to the court.
Failure to follow through with these conditions or a violation could result in revocation of the bond and a return to incarceration.
Provision of Collateral is Mandatory for Federal Bonds, Which is not the Case for State Bonds
The bail release process for defendants in federal court is more complicated than that in state court. When your bail is set in state court, you can post it in cash, property, or through a bail bond. Even when you seek a bail bond, the provision of collateral is not mandatory. Whether or not you need collateral depends on a defendant’s flight risk and the amount of bail the court sets.
However, for federal bonds, collateral is a requirement. Presenting collateral to the court or federal bail bonds company is an added guarantee that you will not flee after posting bail. Collateral, including real estate properties, vehicles, and valuable jewelry, could be anything. Collateral in federal court acts like a property bond.
This means that the federal court will schedule a special hearing where the defendant and their family must prove the value and source of their collateral. For real estate properties or vehicles, you must present the ownership documents.
The court or bail bonds company will put a lien on the property you offer as collateral and lift the lien when the federal case ends. The value of the collateral you must provide to secure a federal bond from a surety company varies depending on the bail amount set by the federal judge.
Find a Reliable Temecula Bail Bonds Company Near Me
When you commit a crime in California, you can be arrested and charged in state or federal court, depending on the nature and circumstances of your case. The difference between state and federal criminal cases applies even when posting bail. Defendants facing charges for a federal crime will be required to post a federal bond, which differs from state bonds.
Common differences between federal and state bonds revolve around the reasons for posting the bond, the amounts needed to secure the release, and the conditions issued for the different types of bonds. California courts are known for setting some of the highest bail amounts in the country. Therefore, whether you need a federal or state bond, you may need bail bond services.
At Fausto Bail Bonds, we will offer you the guidance and financial aid you need to secure a fast release for your loved one. Call us at 855-328-7867 to discuss your bail needs.