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Health and Safety Code 11364
If a defendant is arrested for violating Health and Safety Code 11364 in California, it means that the person has been arrested for possessing narcotic paraphernalia, such as an opium pipe or syringe. This is a misdemeanor crime with an assumptive bail that begins at $10,000.
The assumptive bail is the amount of money that the defendant will have to put up in order to be released from jail while he or she awaits a trial date. The assumptive bail amount is the same for all counties across California. Each different penal or health code violation is associated with a different assumptive bail amount and if a person is arrested for more than one offense, the assumptive bail amounts for each offense will add up to the total bail amount for the defendant.
When a defendant has the option of getting out of jail on bail, the defendant is not obligated to exercise that option. In fact, if the defendant has no means of paying the bail amount, then the defendant will necessarily have to stay in jail while he or she awaits his or her day in court. However, many defendants prefer to use the help of a bail bonding service to get out of jail.
A bail bonding service is in place to provide the full amount of the bail bond that is required to get a defendant out of jail. The bail bonding service, for example, will provide the court with a $10,000 to get a defendant out of jail if he was arrested for a violation of the Health and Safety Code 11364. The defendant must then pay a down payment to the bail bonding agency.
Many bail bonding agencies have a down payment that is equal to ten percent of the total amount of the bail. So in the case of a $10,000 bail bond, the defendant may have to pay the bail bonding agency $1,000. This down payment is non-refundable.
However, as long as the defendant goes to court in order to stand trial for the crime that he or she has been arrested for, the bail bonding agency will get a refund of the amount of money that it fronted to get the defendant out of jail. For this reason, bail bonding agencies are very concerned with ensuring that defendants get to court. When a defendant skips court, the bail bonding agencies will track the defendant down, rearrest him or her, and deliver the defendant back to court for trial. |
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