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Health and Safety Code 11350
When a person is arrested for violating Health and Safety Code 11350, the person has been arrested for possession of a controlled substance, such as cocaine or heroin. This is a felony offense that has a presumptive bail amount of $3,000. The presumptive bail amount will be the same for all counties in California for this arrest.
If a person is offered the opportunity to pay bail, the defendant does not necessarily have to exercise his right to pay bail. In fact, if the person chooses to turn down the opportunity, then he or she is able to wait out his or her trial in jail. However, many people try to pay bail when they can.
In order to pay bail, the person has to provide the full bail amount to the court as a bond in exchange for his or her release. In many cases, a defendant will ask friends or family to help pay the bail bond. However, the defendant can also appeal to a bail bonding agency for help.
A bail bonding agency will provide the defendant with the full bail bond amount. The defendant will be required to pay the bonding agency a down payment in exchange for his or her release from jail. This payment will be roughly ten percent of the total amount of bail. However, each bail bonding agency has the right to set its own down payment amount.
When the defendant fulfills his legal obligation by going to court in addition to other terms of his release, the full amount of the bail is returned to the bail bonding agency that paid it. However, the defendant will not get a refund of the down payment that he or she made, even if the defendant is innocent of the charges.
If the defendant does not fulfill his or her legal obligation, then the bail bonding agency may use a bounty hunter to track down the defendant. The defendant would then be obligated to pay additional fees to the bail bonding agency and may forfeit collateral, such as a home or car.
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