Penal Code 148
When someone is arrested for violating penal code 148, they are arrested for resisting or obstructing arrest. This penal code violation can be a felony of a misdemeanor and has an assumptive bail rate of $10,000. The assumptive bail rate for resisting arrest is the same for all counties across California. Keep in mind that when someone is arrested for resisting arrest, they are generally also arrested for another offense that lead to the initial reason for the arrest. In such a situation, the defendant’s bail will include the $10,000 bail for resisting arrest as well as the assumptive bails that are associated with any other offense that the person was arrested for.
When a person is given the option to get out of jail on bail, the court is basically saying that it trusts that the individual will return to court in order to fulfill a legal obligation. However, the court would like an additional financial security that the individual will return to court. Thus, the court requires that the defendant provide a bail bond. When the defendant fulfills the legal obligation to the court, the bail is returned to the payee of the bail.
In many cases, the payee of the bail is a bail bond agency. When a defendant requires financial assistance to be able to afford bail, he or she will often appeal to a bail bonding agency for help. The agency will then provide the full amount of the bail for the defendant in exchange for a small fee. This small fee is usually about ten percent of the total amount of the bail.
The defendant will also most likely be required to provide the bail bonding agency with additional securities, such as collateral, that the bail bonding agency can collect on in the event that the defendant does not fulfill a legal obligation to the court. As long as the defendant fulfills a legal obligation, however, the bail bondsman will receive a full refund of the bail amount.
The bail bonding agency may also elect to send a bounty hunter after a defendant in the event that a defendant fails to show up to court for a trial. The bounty hunter has the authorization to rearrest the defendant and return him to court to fulfill the legal obligation. |
