 |
Health and Safety Code 11351
In the event that a person is arrested for violating Health and Safety Code 11351, the person is arrested for possessing or purchasing with the intent to sell of a controlled substance. This is a felony offense that has an assumptive bail bond of $10,000.
The assumptive bail bond is the same across all counties in California. Essentially, the assumptive bail is the amount of money that a defendant will have to provide the courts system in exchange for release from jail pending the trial. In most cases, the defendant will use the services of a bail bonding agency to help him or her pay this bail bond amount.
A bail bonding agency charges the defendant a down payment of about ten percent of the total cost of the bail bond. In some cases, this rate could decrease or increase, depending on the amount and the bail bonding agency. The bail bonding agency will also require additional collateral or sureties from the defendant so that if the defendant fails to appear in court on the day or his or her trial, the bail bonding agency can gain possession of that collateral.
If the defendant shows up in court and fulfills all of his or her legal obligations to the court system, then the bail bonding agency will receive a full refund of the bail bond amount, even if the defendant is guilty. However, the defendant will not receive a refund of the amount of money that he or she put up for the bail bonding agency’s down payment, even if the defendant is down to be innocent of the charges.
Because of the costs associated with paying for bail, some defendants choose to wait for their trials in jail. Other defendants appeal to friends and family to help them post bail. However, if the services of a bail bonding agency are used, it is important to note that the down payment amount will not be returned to the defendant or to his benefactors. |
|
