Legal Question in Criminal Law in California

Bail Bond Procedure

My finance and I had a fight that got hot and he started breaking everything, I called the police hoping for some peace keeping. Since OJ Cal has new law saying one person has to go to jail in a domestic dispute-but I didn't know that. In the scuffle he got a minor scratch. It was shocking when they arrested ME for a ''scratch''. Because it was a Friday I had one 1 hr.to post BAIL or sent to COUNTY for days! I didn't understand it, it must be a joke! Bail was $25,000! I am student with little funds.

The bail bondsman, required 10% $2500 off my credit card to be released. The police told me I would get most of it back, and that the case would get dismissed, which it did. The DA didn't bother to file a case. The bail bonds company is getting their full bond back & still charging me 10% $2500 for nothing. I can understand a service charge, but$2500? This is a serious financial hit for us. Is this NORMAL bail policy? If not, I would like to DISPUTE that charge with my credit card company and a lawyer.I did sign a contract, which was not really explained to me at all, and I was under serious emotional duress w/ county jail looming over my head. Is that the way it works?

Can I fight this charge? Do I have a record?


Asked on 9/03/01, 10:33 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Bail Bond Procedure

Thanks for your posting, and I can appreciate how frustrating dealing with all this has been.

Depending on the charge, the statutory minimum might have been $25,000.00. To post bail, most bail companies charge 10% and then post the actual cash or a bond with the court, and you are released. To cover their risk (since they never know whether or not charges will be filed, your guilt or innocence, or whether or not you will skip the state), they charge a 10% fee.

Can you fight this charge? Well, you did sign a contract promising to pay. Everything is negotiable, and you can try to negotiate. Having a lawyer on your side might help. I am not sure this is a case that you want to take to trial, however. You were released, so they "performed" under the contract.

Regarding your other questions, if the case was dismissed, as you've stated, then you do not have a criminal record. You will have a record of your arrest, however, which you can get rid of through a motion for factual innocence. An arrest is not proof of a conviction, but most people feel better with the arrest off their record.

If you'd like help with any of the above, please feel free to email me or call me at 1-877-568-2977.

Read more
Answered on 10/05/01, 2:16 am
Victor Hobbs Victor E. Hobbs

Re: Bail Bond Procedure

I've read Robert M's answer and will only suppliment it. The criminal clerk in your court (the one nearest you that the charges would have been filed in if they had not been dropped) may have a form that you can fill out to have the arrest expunged from your record.

Yes this is how it works. If you had been attacked by a stranger you could have defended your self. Because you defended your self from an attack by the boyfriend, and you suffered a scratch. You are now the criminal and suffered the consequences. The real culprit here is the 'I'm so immature that I can start breaking things boyfriend.' You need to get a boyfriend that has it all together. Otherwise you'll be getting more $2,500.00 hits on your credit cards. Your alternative is to get used to spending more time in jail until the judge sees you and lets you out on your OR. My personal advise is ditch the boyfriend, unless he pays the bail money you're out.

Read more
Answered on 10/05/01, 9:37 am


Related Questions & Answers

More Criminal Law questions and answers in California