Penal Code 273.5(a)
Penal Code 273.5(a) is the code for domestic violence, which includes the corporal injury of a spouse, cohabitant of the opposite sex, or mother or father of his or her child. This is a felony offense that has an assumptive bail rate of $50,000 for the first offense. If the defendant has prior offenses, then the bail rate increases to $100,000. These bail rates are the same for all counties in the state of California and are determined on an annual basis by a panel of judges.
In the event that a defendant to this crime is given the opportunity to get out of jail on bail, the defendant may want to work with a bail bonding agency to help pay the bail amount, as most defendants will not have $50,000 or $100,000 readily available to pay this bail. A bail bonding agency will provide the full amount of the funds necessary to get a defendant out of jail in exchange for a payment from the defendant for its services. This payment is generally about ten percent of the total amount of the bail. So, if the bail is $50,000, then the defendant will pay a $5,000 fee to the bail bonding agency.
When a defendant works with a bail bonding agency, the defendant will also provide the agency with collateral that the agency will hold on to as a security that the defendant will fulfill his or her legal obligation. This collateral is usually equal to the amount of the bail and may be real estate that is owned by the defendant or his or her benefactors in addition to cash or automobiles.
If a defendant fails to show up to court for his or her trial, the bail bonding agency will not receive a refund of the bail it posted for the defendant. Thus, the agency will collect on the collateral and send a bounty hunter after the defendant to rearrest him or her and return the defendant to court. The agency may then get all or a portion of the bail refunded, but the defendant assets and down payment will be withheld by the agency for breach of contract.
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