Penal Code 459
When a person is arrested for penal code 459, the person has committed burglary on a residential or commercial property. This is a felony offense that comes with a bail of $30,000 for residential burglaries and a $15,000 bail for all other burglaries. The bail is the same for all counties across the state of California.
If a person is given the opportunity to be released from jail on bail, the person will have to pay the court the full amount of the bail in the form of a bond. This bond will be returned to the defendant (or the payee) if the defendant fulfills all legal obligations. Thus, the bail bond is an assurance to the court that the defendant will attend all court appearances that he promises to. If the defendant fails to attend an appearance, then the court will cash in on the bail bond.
Because many people cannot afford to pay a bail on their own, they enlist the services of a bail bonding company. A bail bonding company will provide a defendant with the full amount of the funds that are needed to get out of jail. These funds are available when the defendant pays a fee to the bail bondsman. The fee is usually about ten percent of the total bail amount. If a person is up for a $30,000, then the down payment that the defendant pays the bail bonding agency will be about $3,000. This money is non-refundable.
When the defendant fulfills the full obligation to the court, this bail bond is returned to the payee. However, the bond is not returned if the defendant fails to appear in court. For this reason, many bail bonding companies require that the defendant provide additional collateral that would cover the cost of the lost bail bond if the defendant fails to show up in court. If the defendant renigs on his agreement, the bail bonding agency will take possession of that collateral.
The bail bonding agency may also use a bounty hunter to track down a defendant that has failed to appear in court for a trial date. The bounty hunter will arrest the defendant and return him or her to court. In such a circumstance, the bail bonding agency may receive a refund of the bail bond amount in addition to possession of the collateral that was seized when the defendant failed to show up in court.
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