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How to post a bail bond for domestic violence in Orange County

If your loved one is arrested in Orange County for Domestic violence you are likely wondering what to do next.

You probably already know that you need a bail bondsman to post bail but how do you chose one? Bail Bonds for domestic violence have a few characteristics that tend to happen more often than not unlike most other bonds in Orange County. Below I will explain the different ways to get out of jail fast and why domestic violence bonds are different.

domestic_violencePeople arrested in Orange County have a few options to get out of jail.

The Orange County Sheriff detention release may let you out OR release (Own Recognizance Release) this is a promise to appear in court without posting any bond.

You can post the full amount of the bond in cash with the sheriff. This means if the bond is $50,000 you need to pay the entire amount. It will be held the entire length of the case and returned back to you 30-90 days after the case, so long as the defendant shows up for all their court dates.

The third is a surety bail bond where you pay a non refundable premium amount for a bail bond company to put the full amount up for you. The bail agent goes to the jail and posts a bond for the amount of your bail. You pay generally between 8-10% before any rebates. Please ask about our Prop 103 rebates saving up to 25%. Chad Conley Bail Bonds have the cheapest bail bonds in Orange County.

Orange County arrests for domestic violence charges very often.

Generally you get arrested and post a bail bond and go to your court dates. Often the police accuse and arrest you forcing you to post a bond. The district attorney often files these cases late which means the court has exonerated the bond and your bondsman is done, paid and off the hook. One the DA files the charges on you up to months later your case will require a new bond. Chad Conley will not charge to rewrite the bond for the same charges and case. If your bondsman is not willing to do this you will be forced to pay for a second bail bond.

The other thing that happens often is the cosigner is the alleged victim and there is a restraining order.

This makes paperwork for a couple difficult. Chad Conley Bail Bonds will work with all parties involved separate and will help make the process a little more at ease. We have years of experience dealing with family members on all sides to make the domestic violence bail bond discreet, fast, cheap with up front cost, no hidden fees and no annual expiration. When we write your bond it will be good for the life of your case.

Should you hire an attorney or a bail bondsman first?

Bonds for domestic violence in Orange County are generally $20,000, $50,000 or $100,000. This depends on what was alleged, if this is the first time, was there blood, marks or hospitalization? The back ground of the accused is also taken into consideration such as past prison or jail history, probation or any other violent crimes in history. If your bond is set to high you have the option to ask for a bail reduction. This must happen in open court in front of the judge. You will have to wait in jail until your first court date which should be 3 days from arrest. The first court date is an arraignment and although the district attorney normally gets a 3 day notice prior to a bail hearing they often hear bail at the same time. If you plan on going for a bail hearing it is best to have your attorney discuss it ahead of time with the DA.

You also want to make sure you chose a CA licensed bail agent. You can check their license here at California Department of Insurance 

If you have any questions regarding a bail bond in orange County Ca please call me.

855-223-2423 Chad Conley Bail Bonds

855-223-2423 Chad Conley Bail Bonds

Domestic Battery or Violence Bail Bond 101?

Ca “Domestic Battery” Law Penal Code 243(e)(1) PC

The charge of “domestic battery” is one of the more common domestic violence charges.

What is Penal Code 243? 

California’s domestic battery law, Penal Code 243(e)(1) is any willful and unlawful touching that is harmful or offensive—and is committed against the defendant’s spouse or former spouse, the defendant’s cohabitant or former cohabitant, the defendant’s fiancé(e) or former fiancé(e), a person with whom the defendant has or used to have a dating relationship, or the father or mother of the defendant’s child.

What is there is no injuries?

A defendant can be arrested and convicted of domestic battery (sometimes known as “spousal battery”) even if the “victim” is not injured. All that’s required is that the defendant use “force” or “violence”.

What is the difference between Domestic Violence and Domestic Battery?

PC 273.5 Domestic Violence charge which requires that the victim suffer some form of physical injury. Domestic violence is also commonly referred to as domestic abuse, spousal abuse or spousal battery. “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury. “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has a dating or engagement relationship.

PC 243 Domestic Battery which is corporal injury on a spouse, cohabitant, or parent not requiring physical injury.

What are the unintended consequences that come with a domestic violence conviction?

Although PC 243 is a misdemeanor it is still crime that will go on your record and can cause you to loose your license if you are a doctor, realtor, lawyer bail bonds etc because it is considered a crime of moral turpitude. If you have been arrested for any form of domestic violence you should post a bail bond immediately and find a good criminal defense attorney to help you with your case. 

What should I do if arrested for DV? 

The first thing you should do is post a bail bond immediately. This will allow you to meet with your attorney or interview attorney’s. Your attorney can be proactive in trying to get the district attorney to not file charges. Sometimes PC243 arrests have nothing more than a he said she said and the police arrest a person because they have liability if someone later gets hurt and yet there is not enough evidence to file and win a case. This is when a good attorney maybe able to convince the DA’s office that the case is too weak to file.

Why should a bail bond be posted immediately when arrested for domestic battery or violence?

It is important to remember that all jail phone calls are recorded. This means you have no privacy to discuss what just occurred. You cannot interview attorney’s nor have a lengthy comfortable private meeting with your attorney to discuss your defense. 

Can Domestic Battery PC 243 be increased to Domestic Violence PC 273.5?

Yes, and this is another reason to post a bail bond immediately. You are arrested for Domestic Battery with no signs of injury. Later bruising shows up and if reported it can give the district attorney the reason to argue the charge should be increased or the defendant should be charged with domestic violence a greater charge which can also be charged as a felony. 

What is the bond amount for Domestic Violence or Domestic Battery?

Domestic Battery is generally charged as a misdemeanor whereas Domestic Violence can be a misdemeanor or a felony. Bail bond amounts generally go from $20,000 to $100,000. The majority of PC 243 bonds are up to $20,000 and the majority of PC 273.5 bonds are $50,000.

If you need help with a domestic violence or battery bail bond please call me for a complete explanation of the process and options. Payments plans available.

Chad Conley Owner of Chad Conley Bail Bonds 855-223-2423 

 

Arrested for California Penal Code Section 273.5?

 

California Penal Code Section 273.5 and 13700-13702 are the state laws that give definition to domestic violence in California Superior Courts.

It states: “Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to $6,000 or by both that fine and imprisonment.

What are the differences between a domestic violence bond and other bonds?

– First Domestic Violence Bonds are probably the only bond that the reported victim is generally the cosigner for the bond

– Secondly domestic violence PC 273.5 bonds often have problems other bonds don’t have. The biggest problem that often happens is a person is arrested and a bail bond is posted. Court dates for DV are generally within 5 days which is very fast. This doesn’t give the District Attorney’s office much time to file charges. If you show up at your court date and charges have not yet been filed the court will automatically exonerate/ void the bail bond 15 days after this date. If charges are filed after this time you will most likely show up at court and need a bail bond.

– There maybe temporary/ restraining orders in place between the defendant and others that maybe part of the bond

What happens if the District Attorney declines to file charges?

There are many times when someone is arrested by a police officer or sheriff for domestic violence and the district attorney does not pick the case up. This means the DA does not chose to file charges against who was arrested. This can happen for several reasons such as there isn’t enough information or proof to win the case. This means you were arrested and posted bond but the case is not being filed against you.

Will you still have to pay the bondsman if the charges are not filed?

The straight forward answer is yes. Across the board when a “Bond” is posted the premium is earned the moment the defendant either steps foot out of jail or court. The liability could be for a day or a year or longer but it starts the minute a person is released. Very often initially no charges are filed within the 15 days or even 60 days and the client don’t want to pay the balance only to find out they need another bond and are happy they did because the bondsman can reassume the original bond and save you a lot of money.

What should I do if they call from jail?

Remember that the phone is recorded. You do not want to discuss any part of you case over the phone. Make sure you ask them what police or sheriff department they are at? Make sure you get their exact spelling of their name and date of birth. Remind them to not talk to the police until they have a criminal defense attorney with them.

If you are wanted for questioning, being charged with or a loved one is in jail arrested for domestic violence please call Chad Conley, Owner of Chad Conley Bail Bonds.