Health and Safety Code 11357b
If a person is arrested for violating Health and Safety Code 11357(b), it means that the person has been arrested for possessing up to 28.5 grams of marijuana. This crime is considered a misdemeanor in all counties in California and carries a fine of up to $100.
However, if a person has been convicted of violating Health and Safety Code 11357(b) three or more times during the same two-year period, then the court will divert the defendant for treatment, rehabilitation, or education. However, if it is a first offense, then the defendant would not be obligated to stay in jail while awaiting a trial and, therefore, would not need the help of a bail bondsman to get out of jail.
However, if the defendant were arrested for possession of up to 28.5 grams of marijuana in conjunction with another crime, then the defendant could very well need to help of a bail bondsman, as the other crime could call for the defendant to stay in jail while awaiting trial or to be released on bond.
If the defendant is in a situation where he or she is in jail until he or she pays a bail bond, then the defendant always has the option of enlisting the help of a bail bonding agency. The bail bondsmen would provide the adequate funds to get the defendant out of jail while he or she waits trial. The bondsman would then charge the defendant a down payment of the total amount of the bail, which is usually going to be about ten percent.
The down payment of the bail to the bail bonding agency is non-refundable. However, if a defendant goes to court and fulfills a legal obligation, then the bail bondsman will receive a full refund of the bail amount. In most cases, the bail bonding agency also requires additional sureties, such as real estate collateral, from the defendant so that if the defendant does not go to court, the bail bonding agency can collect on those sureties.
Additionally, the bail bonding agency has the right to track down the defendant through the use of bounty hunters in order to bring the defendant back to court for a shot at a refund of the bail amount. |
