Penal Code 12021
If a person is arrested for violating penal code 12021, it means that the person is a felon that has been arrested for possession of a firearm and that a particular situation has involved an offense with the firearm. The violation is a federal offense that has a $20,000 bail associated with it. In some cases, however, if arresting officers believe that the defendant is particularly dangerous, they might appeal to a judge to deny bail.
The bail is the same for all counties across California, unless a judge becomes involved in the case. If the person was also arrested for other crimes, such as possession of illegal drugs or resisting arrest, then the bail amounts that are associated with each separate item would be added up to equal the total bail.
When the defendant is given the opportunity to be released from jail on bail, the defendant does not have to necessarily leave jail. For example, if the defendant cannot afford to pay bail, the defendant can wait for his or her trial date in jail. However, if the defendant can afford to get out of jail on bail, then the defendant will likely need to services of a bail bonding agency.
A bail bonding agency will work with the defendant to provide the funds that are necessary for bail. The agency will front the full amount of the bail in exchange for a down payment from the defendant. The down payment is usually based on a percentage of the total amount of the bail and ten percent of the total bail amount is considered standard.
Once the defendant is release, the bail bonding agency will have custody of him or her. The agency is then responsible for helping to ensure that the defendant fulfills a legal obligation to the court. The agency also has financial incentive; when the defendant fulfills the full legal obligation, the bail bonding agency will receive a refund of its bail bond amount.
If the defendant fails to fulfill a legal obligation, the bail bonding agency will most likely hire a bounty hunter that will track the defendant down and rearrest him or her. The defendant may also lose additional funds that he made available to the bail bonding agency, such as real estate or stocks. Also, the agency will likely impose fines that will be used to help pay for the cost of the bounty hunter.
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