Back to School: Bail Bonds 101

August 28, 2008

You have a collect call from the Los Angeles County jail; Will you accept the charges?

What Do You Do When You Get the Call from Your Child, Mom... I\'ve Been ArrestedParents of college students like to complain that their kids never call, but there’s one call that no parent wants: “Mom? I’ve been arrested…”

If you get that call, you’re likely to be shocked, embarrassed, and worried both about your child and about the expense. Certainly, you should be worried, but embarrassed? Well, maybe not so much. Kids make mistakes – sometimes really big ones – whether their parents are ordinary folks struggling with family issues, a New Mexico County Sheriff, or even the British Prime Minister.

If your child has been arrested, your first call should be to a reputable bail bondsman who understands the local jail system and procedures. Greg and I know how the bail process works in California, but other states have different laws. When a parent calls us about an arrest in Nevada, we refer them to a bondsman in that state.

The good news is your son or daughter may not require a bail bond at all. If your child is a minor, they are generally released to the parents without need of bail (for felonies and repeated offenses, minors are held at juvenile detention centers until they see a judge).

College students who are adults are often arrested, booked, and released with a citation to appear in court for relatively minor offenses such as basic driving under the influence. In these cases, a bail bond would be a waste of money because the defendant would likely be released before the bond could be posted. That’s why it’s important to deal with an experienced and ethical bondsman who can help you understand the local procedures.

books-to-bailFor more serious offenses, you will need to arrange bail and likely even find an attorney. Unless the student is charged with a serious, violent felony or major drug crime, you probably won’t have any problem finding a bail bondsman willing to write a bail contract.

We’re almost always willing to write bonds for student defendants. Their crimes are usually minor – what you might call “youthful indiscretions” – and their parents are closely involved in trying to clear up the problem. Parents are our best indemnitors; they know their children the best and take the situation very seriously. As a business that depends on assessing risk, we contrast a college student to a person in their early 20s who can only have a short work and credit history who has been arrested on a similar crime. It’s clear to almost anyone why a student is a better risk.

We once had an issue though, where the student defendant who paid his bail bond using a credit card issued in his own name. We found ourselves in a bit of privacy and confidentiality conflict later, because the credit card bills were going to his parents’ house. They opened it, saw a charge for 888BailBonds, and called us for an explanation. But we had to respect the client’s privacy, and couldn’t provide any information. Still, an uncomfortable situation for all involved.

Although we can advise parents about the jail system, only attorneys can give legal advice. This often represents additional expenses. Here again, it’s good to be a student. Many colleges and universities have a legal staff that helps students for free. You’re spending enough on tuition, so you might as well use the service you’re paying for!

The bottom line is that you shouldn’t panic if your student calls from jail. It’s a more common situation than you think. The bail bondsman is there to help you through a bad situation, not judge you or your parenting skills.

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