FAQ

When an individual is arrested for a crime in California, usually that person will be taken to a local law enforcement office for booking, prior to incarceration in a station lock-up or county jail. Once arrested and booked, the defendant has several options for release. Bail is designed to guarantee the appearance of a defendant in court at the time the judge directs, whether it's one time, 10 times, or more. A bail bond is good for one year.

Security Bond (Bail Bond) – An alternative to cash, this process involves an agreement between an insurance company having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that his company will pay the bond forfeiture if the defendant fails to appear in court. For this service, the defendant is charged 10 percent of the bail amount. For example, if this bail amount is $2,500, the premium charged is $250. Prior to the posting of the security bond, the defendant, friend or relative contacts a licensed bail agent. Smitty’s Bail Bonds of San Luis Obispo can be contacted TOLL-FREE at 800-542-BAIL (2245) (we also accept collect calls). By involving family and friends of the defendant, as well as collateral, the bail agent can be reasonably assured that the defendant released on bond will appear to all of his/her court appearances. After this procedure is completed, the bail agent will post a bond for the full bail amount, financially guaranteeing the defendant’s appearance in court as scheduled.

Release on Citation (Notice to Appear) – This procedure involves the issuance of a citation by the arresting officer to the arrestee, informing the arrestee that he/she must appear in court on an appointed court date. The “Cite Out” usually occurs immediately after an individual is arrested.

The bail premium is fully earned once the bondsman posts the bail and the defendant is released from jail. The premium paid to the bail agency is their fee for providing the release of your loved one, so that they can get back to family and work. Therefore, our fee (the 10 percent premium) is non-refundable.

Collateral in many cases is as simple as your good signature, or a home, an automobile, or anything of value that can be used to financially secure a bail bond. Collateral is returned when the court has finished with the defendant’s case(s), usually upon sentencing. The court will then notify us by mail of the exoneration of the case(s). Once we receive the written notice from the court, collateral is returned.

A AAAction Bail Bonds
Smitty’s Bail Bonds of San Luis Obispo

Ease the Remand Process

If you think that you may be remanded into custody:

Once the decision has been made by the Judge to remand you, the Judge will order the defendant held in the Jury box. (The superior court Judges and Sheriff’s Department have been very accommodating with this step of the process.) While the defendant is being detained in the jury box, we will post bail upstairs in room 220. Once bail is posted, we will return to the courtroom and show proof to the court. The Judge will then accept the bond in open court and the defendant will be released from the courtroom without having to be taken to the County Jail. If you have never been booked on this case, the Judge may, at a later date, order you to be booked, fingerprinted and released at the jail; but this can usually take place at your convenience.

All of our services up until the posting of the bail are at no charge. You are only charged when and if the bail is written. We are here to make an awful situation a little more bearable.

The fact that the defendant may have been improperly taken into custody or the bail reduced, or case dismissed, shall not cause the return of the premium.