Penal Code 476a
If someone is arrested for violating penal code 476a, the person is arrested for having insufficient funds. The assumptive bail is $5,000 and the offense may either be a felony or a misdemeanor. The person arrested may have had insufficient funds from a check, a draft, or an order from a bank.
In some cases, when a person is arrested for this offense, the officers will let the person go from jail on their own recognizance. However, many times the person must pay bail in order to be released from jail. When a person is ordered to pay bail, the court is basically saying that they will let the person go, but only if the person can provide a financial guarantee that he or she will fulfill an obligation to the courts.
In order to pay this bail amount, many defendants enlist the help of bail bondsmen. Bail bondsmen are available to provide the full amount of the funds needed for release in exchange for a down payment. The down payment is usually about ten percent of the total amount of bail. This down payment is non-refundable to the defendant, even if the defendant fulfills a legal obligation and is found innocent.
When the defendant enlists the help of a bail bondsman, the defendant will also provide the bondsman with a security in order to ensure that he or she will fulfill the legal obligation. This security may be cash, it could be a surety, or it could be collateral such as real estate. In the event that the defendant does not appear in court as promised, the bail bondsman may collect these securities. The bondsman may also send out a bounty hunter to track down the defendant and return him or her to court.
However, if the defendant fulfills the legal obligation, then the bail bondsman will receive a full refund of the bail amount.
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