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Health and Safety Code 11378
If someone has been arrested for a violation of the Health and Safety Code 11378, then the person has been arrested for the unlawful possession of controlled substances for the purpose of selling them. This offense is a felony and has an assumptive bail rate of $10,000.
The assumptive bail rate associate with this crime is the amount of money that the defendant may have to pay in order to get out of jail while awaiting his or her trial. This amount of money is not necessarily the bail amount, but it is a starting place. The assumptive bail amount is the same for all counties across California.
The reasons that the bail amount could differ from the assumptive bail rate have to do with the specific nature of the crime. For example, if the defendant was violent, then the defendant likely committed additional crimes on top of the violation of code 11378. As such, those additional crimes will be a factor in the bail amount.
If a defendant is given the option to get out of jail on bail, the defendant does not have to exercise that option. In some cases, bail is too large for defendants to afford. Therefore, the defendant may opt to stay in jail while he or she awaits trial. In other cases, the defendant will consult with a bail bondsman in order to arrange to get out of jail.
When a defendant uses the services of a bail bondsman, the defendant will pay the bondsman a down payment for the services. Often, this down payment is about ten percent of the total amount of the bail. The bondsman will then front the full cost of the bail.
The bail bondsman is then responsible for ensuring that the defendant arrives in court on the day of his or her trial. If the defendant arrives, then the bondsman will receive a refund of the bond amount, less any administrative fees. However, if the defendant does not arrive, then the bondsman will lose the bail bond amount, unless the defendant goes back to court on a future date, in many cases.
Therefore, bail bondsmen have the authority to track down a defendant that skips his or her trial. The U.S. is the only country in the world that still allows bail bondsman to hunt down defendants that skip court. The defendant will not get the down payment money back, either. |
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