Can GPS Monitoring replace collateral for posting a bail bond?
The short answer is yes, however it would be up to the Bond Company if they with accept wearing a GPS monitor instead of having collateral. This would be on a case by case basis. The other things that would be considered by the bond company when approving GPS in lieu of collateral would be;
The defendant’s case(s) or charge(s)
The size , etc.of the bond
Things such as ties to the community, amount and quality of cosigners, work, home, family , etc.
Can I have a “no collateral bail bond” if I wear a GPS Monitor?
GPS can be used in addition to collateral for very large bonds
GPS can be used in lieu of collateral for lower to mid level bonds
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Can I have a “no money down bail bond” if I wear GPS Monitoring?
The premium is generally looked at completely different from collateral
The GPS secures the collateral of the bond but generally costs money in addition to the premium
What is the difference between Premium and Collateral?
Premium is the amount of money that you will pay for the bond.
Example: like car insurance it is a non refundable amount of money you will pay
Collateral is what is used to secure the bond incase it is forfeited.
Can anyone be bonded out if jail if they wear a GPS Monitor?
No. The person in jail first has to be bondable from the jail.
The GPS is for people that are ready to post a bail bond to get a loved one out of jail and have the premium or down payment but do not own collateral such as a home or pink slip to a vehicle that can be used to secure the bond “collateral”.
If you are on probation or parole and have a hold on you the GPS will not help until the hold is complete.
There are other things beside just a wear a GPS that a defendant would have to have in order to be out of jail on bond. There would still be cosigners usually and standard bond applications, ID and payment. The GPS Monitor can be used towards the collateral for the bond but does not change the bond premium.
Who uses GPS when posting a bail bond?
Clients that need a bond and don’t have enough collateral for the size of the bond.
Clients that don’t have enough cosigners for their bond.
Clients that are afraid they will be accused of breaking a restraining order while on bond and want to prove where they are at.
Sometime the judge will grant a bail reduction if the defendant agrees to wear a GPS
Is it possible to post a bail bond, wear a GPS and never serve jail time?
California Penal Code section 2900.5 is the legal authority for the notion that time spent in a restricted residential environment can count just like time spent in jail or prison. Restricted environment being the key words. Meaning just posting bond and wearing a GPS won’t cut it.
California Penal Code 2900.5 (a) of this code section states that:
In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution, all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, and including days credited to the period of confinement pursuant to Section 4019, shall be credited upon his or her term of imprisonment, or credited to any fine on a proportional basis, including, but not limited to, base fines and restitution fines, which may be imposed, at the rate of not less than thirty dollars ($30) per day, or more, in the discretion of the court imposing the sentence. If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a prison or jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the fine on a proportional basis, including, but not limited to, base fines and restitution fines.
Penal Code section 2900.5(f) provides as follows;
If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program in lieu of imprisonment in a county jail, and the statute under which the defendant is sentenced requires a mandatory minimum period of time in jail, the time spent in these facilities or programs shall qualify as mandatory time in jail
The obvious relevance of this provision is in relation to a defendant who is willing to engage in residential treatment pending resolution of his or her case. The courts which have considered the question generally focus on such factors as the extent freedom of movement is restricted, regulations governing visitation, rules regarding personal appearance, and the rigidity of the program’s daily schedule
The obvious relevance of this provision is in relation to a defendant who is willing to engage in residential treatment pending resolution of his or her case.
If a defendant takes this step voluntarily, it is a good idea to ask the judge at the arraignment to formally order that the defendant remain in residential treatment pending the outcome of the case.
For certain defendants who have been convicted, a jail sentence may be unavoidable.
California Penal Code Section 1203.016;
Any county is permitted to authorize a program under which minimum security inmates and low-risk offenders would be allowed to serve their sentence on home detention in lieu of confinement in the county jail.
Electronic home detention is usually offered through private companies that report any violations to the authorities. The defendant would be responsible for covering the costs of home confinement.
Utilize GPS Monitoring as a negotiating tool in the bail reduction process as a condition of release.
The courts may set specific conditions of bail, including the use of a house arrest / gps monitoring device. Don’t lose out on bail and get on board today! My recommendation for your GPS needs is http://www.gpsmonitoring.com/