If you or a loved one is arrested for possessing, manufacturing, or distributing drugs in California, you risk being arrested and facing serious charges. The whole situation can be financially and emotionally draining for you and your loved ones. However, preparing for trial and challenging these allegations while in custody can be difficult, making it crucial to post bail and secure your release. A reputable Palm Desert bail bonds company can help you post bail promptly and process your release as soon as possible. Read on to learn about California drug bail bonds.

What to Expect When You Are Arrested for Drug Charges in California

If arrested for a California drug crime, you will be taken to the local detention center for booking. The illegal drugs found on you will be taken for testing and thereafter cataloged and stored to be used as evidence during trial.

You will then be arraigned for a bail hearing, where the judge will set the bail amount. Most drug-related bail is often too high. Therefore, you can count on a Palm Desert bail bonds service to help raise the sum the court requires.

Most bail bond companies have offices near detention facilities, making them readily available. The bail bondsmen can also prepare all necessary documents within a few minutes and secure your bail release within 48 hours after the arrest.

What Is Bail?

Bail refers to a set of pretrial restrictions that allows an accused person to secure temporary release by offering a monetary assurance that they will show up in court for scheduled hearings. The main objective of bail is to guarantee your appearance in court. It motivates you to appear for your trial by demanding a financial commitment. This helps prevent flight risks and guarantees that you will not escape trial.

Besides guaranteeing court presence, bail also fulfills other purposes. Bail allows you to keep your job, support your loved ones, and obtain legal counsel while awaiting trial. Being granted bail allows you to collect evidence, conduct witness interviews, and prepare a solid defense.

Also, bail helps ease the pressure on the justice system. Allowing a defendant to prepare for trial outside of detention centers helps lessen prison overcrowding and puts less of a burden on the state's resources. This enables the justice system to concentrate on the most serious situations and prioritize the public's safety.

By posting bail, you can resume your regular routine and fulfill your obligation to attend court hearings as required. Once you are released, you can seek help, such as counseling or rehabilitation, to improve your reputation before appearing before the judge.

How California's Courts Set Bail for Drug Crimes

The presiding judge can impose necessary conditions to safeguard the community's safety while ensuring the defendant complies with the court's order.

The judge will set bail sum considering the following:

  • Your employment history and status
  • How long you have lived in the neighborhood
  • Your mental state, character, and reputation
  • Prior criminal history, as well as any record of your court appearances
  • If you are a flight risk
  • The probability of committing another crime once you are released
  • The severity and nature of the crime

A judge has the authority to impose certain restrictions on an accused person due to be released following an arrest. The court could require you to comply with the following conditions of your release:

  • Avoiding international or interstate travels
  • Consenting to random drug testing
  • Wearing a monitoring device

If an arrested person cannot afford to post bail, the court will grant them a bail hearing, where the presiding judge will decide how much bail will be imposed. During this hearing, the defendant can request the court reduce the bail amount or release them on their own recognizance. The judge will also consider your financial status and ability to pay in addition to the abovementioned factors.

In drug crime cases, a judge could free you on your own recognizance for misdemeanor offenses. You are not required to provide any financial payment when granted release on your own recognizance. However, you are released with the condition that you attend all your scheduled court hearings.

Palm Desert Bail Bonds For California Drug Crimes

A bail bond is an amount paid to the court on behalf of an offender by a bail bondsman. It is, therefore, a kind of surety bond. If someone has been accused of a California drug crime, they must post their bail before being released from custody before trial.

A defendant who cannot afford to pay the full bail amount can use a bail bond service to secure their release. A Palm Desert bail bonds company will post the entire bail amount on behalf of the defendant. The bail bondsman typically receives a premium payment, normally 10%, from the defendant in exchange for their services. This amount cannot be refunded. Usually, the bail bondsman uses collateral from the defendant to secure the bond.

The court reinstates this bail money if the defendant shows up to all of their court dates and follows all the conditions of their release. However, the bail amount is forfeited if the defendant does not attend court hearings.

How Much Is Bail For California Drug Crimes?

The bail amount set for drug-related crimes in California varies significantly, primarily depending on the type and severity of the offense. Bail could range from several hundred to several thousand dollars for misdemeanors involving small quantities of controlled drugs.

However, bail amounts can increase significantly and may reach several thousand dollars. It can be even higher for more severe offenses, such as drug trafficking or possession with the intent to sell. Every case is evaluated individually, and the court has the final say on the bail amount.

A 1275 Bail Hearing (Source of Bail Hearing)

In California, the presiding judge could, at their discretion, ask you to provide proof showing where you obtained the money used as bail. It is conducted at a 1275 or source of bail hearing. A source hearing is conducted in cases involving drugs when the accused party is being investigated for their possible involvement in a major drug trafficking network and could have used the drug money to pay for their bail.

The court can authorize this hearing to verify that the bail funds are unrelated to the drug crime. If you want to post bail without the authorities assuming that the bail money results from the alleged crime, the most efficient way is to discuss the possible bail ranges of your allegations with your attorney. Additionally, you should look for relevant documents that will allow you to verify the legitimate source of the bail.

Consequences of Violating Your Bail Conditions

If the court decides to release you on bail, there are specific rules that you must follow. There could be severe repercussions if these rules are not satisfied.

Immediate Detention

If you fail to follow the terms of your bail, you risk immediate arrest. Law enforcement could arrest you and take you back into custody.

Increased Bail Amounts

Your chances of having bail increased for subsequent attempts at release are higher if you commit a bail violation. The purpose of this increase is to discourage more violations and foster compliance.

Additional Charges

Breaking the terms of your bail could sometimes cause more criminal penalties. These accusations could result in harsher penalties, further worsening your legal predicament.

What are The Different Types of California Drug Crimes?

There are many types of drug offenses in California. These include the following:

California Health and Safety Code HSC 1135, Possession of a Controlled Substance

Possession of controlled substances is a misdemeanor crime under California Health and Safety Code (HSC) 1135. It involves the possession of controlled drugs such as heroin, GHB, cocaine, ecstasy, crack, ketamine, or prescription medicines that you were not legally prescribed.

California Health and Safety Code HSC 11352, Possession for Sale of Drugs

Possessing narcotics with the intent to sell them is considered a crime under California HSC 11352. If you are found with drugs in a quantity or packaging that suggests an intention to sell, you could be charged with possession with intent to distribute. Several factors determine whether an individual may face charges for "intent to sell" rather than the less serious offense of simple "possession."

The police will take into account:

  • How the drugs were packaged
  • The quantity of drugs discovered
  • Weapons that were discovered on, or close to, the person carrying drugs
  • Other things, such as scales, which are utilized for the packaging of the drugs
  • Large amounts of money

Put another way, when you are apprehended, the authorities will consider more factors than just the quantity of drugs you were carrying when deciding whether to prosecute you with possession with the intention of selling or with simple possession.

Authorities may be able to press charges of possession to sell even if the quantity of illegal substances you were found with is relatively small, provided that you also had a weapon and a huge amount of money. It will be up to you to build a defense.

California Health and Safety Code HSC 11352: Transportation or Sale of Controlled Substances

Selling, furnishing, administering, giving away, transporting, or importing any illegal substance into California is a felony. If you are pulled over for a traffic infraction and drugs are discovered in your vehicle, you could face charges under HSC 11352.

California Health and Safety Code HSC 11363: Peyote Cultivation

California law makes it illegal to grow, harvest, or consume peyote. This hallucinogenic drug is commonly utilized in Native American ritual ceremonies. Peyote cultivation can be prosecuted as either a felony or a misdemeanor, depending on:

  • The specifics of your case
  • The amount of cultivated peyote
  • Your criminal history

California Health and Safety Code HSC 11364: Possessing Drug Paraphernalia

Possession of "paraphernalia" related to drug usage or manufacture is charged as a misdemeanor. Things that could be categorized as "paraphernalia" include the following but are not restricted to:

  • Hypodermic Needles
  • Bongs
  • Pipes
  • Cocaine Spoons

This charge carries the potential for a jail sentence upon conviction. Under Prop. 35, a conviction could also make someone eligible for a drug diversion program.

California Health and Safety Code HS 11377: Methamphetamine Possession

Possession of methamphetamine, sometimes called "meth" or "speed," is illegal. Methamphetamine possession may result in felony or misdemeanor charges. However, possession of methamphetamine with intent to sell, manufacture, or transport is considered a felony and may lead to a prison sentence.

California Health and Safety Code HS 11379.6: Manufacturing Controlled Substances

In California, manufacturing controlled drugs is illegal. This involves making hashish by compressing cannabis resin. This offense carries the maximum sentence possible because it is one of the most severe drug crimes in California. If it is discovered that children are present during the manufacturing process, if someone is injured or dies while making the drugs, or if there are large quantities of manufactured drugs, the charges will be prosecuted harshly.

Will I Receive A Refund When I Attend All Scheduled Court Proceedings?

You are ineligible for a refund once you pay the Palm Desert bail bonds service’s premium. However, you will receive your money if you post a cash bail and appear in court. Some jurisdictions use cash bail to settle fines and fees associated with the lawsuit. The balance will be paid back if a cash bail exceeds the sum owed. A full refund will be issued if the allegations are dismissed or dropped.

Contact a Professional Palm Desert Bail Bonds Service Near Me

If you face drug charges in California, you should understand the bail process. You can navigate the California justice system by understanding the bail procedure, the factors influencing bail amounts, and the consequences of violating bail terms.

Fausto Bail Bonds is here to help you spend less time in police custody after your arrest. Our Palm Desert bail bonds company can assist in securing your release from jail by posting your California drug bail bonds. Call us today at 855-328-7867 to speak to one of our representatives.