Health and Safety Code 11352
When a person is arrested for violating Health and Safety Code 11352, the person is arrested for transporting, selling, or giving away a controlled substance. The violation is a felony offense that comes with an assumptive bail amount of $15,000. This assumptive bail amount is the same for all counties throughout California.
If a person is eligible for bail, then the defendant will have a number of options when it comes to paying that bail. One option is to pay the full bail amount on his or her own. Another option is to borrow money from family and friends in order to pay bail. A third popular option is to use the services of a bail bonding agency.
A bail bonding agency will partner with the defendant in order to get the defendant out of jail. The defendant will pay a ten percent down payment to the bail bonding agency (though sometimes the down payment amount is less or more). In return, the bail bonding agency will then pay for the cost of the bail.
As long as the defendant goes to court and fulfills all obligations to the court that are associated with his arrest, the bonding agency will receive a refund of the bail amount that it supplied. However, if the defendant fails to go to court or fulfill its obligations, then the bail bonding agency will not get its refund. If the bail bonding agency can rearrest the defendant and deliver him or her back to court, the agency may receive its refund.
Also, when the defendant does not fulfill its obligation to the court, the defendant will forfeit any sureties that it had given to the bail bonding agency. Often, the defendant or friends of the defendant will use collateral such as a house as a surety. In such a situation, the defendant will give up the house if he fails to go to court as promised.
The defendant also does not receive a refund of the bail bonding agency’s fees. Therefore, the defendant may need to develop an alternative payment plan with the bail bonding agency, such as credit card payments or a long-term payment schedule in order to afford the bail bonding services. |
