The conditions of the federal bond are determined by a Federal judge at a detention hearing. You may find the “Order and Conditions of Pretrial Release: Bail” on Pacer or ask your attorney for a copy. Unless the defendant is released on their own recognizance (O.R.) or the bail is denied, the judge will set a personal appearance bond in a certain amount secured by property or co-signatures of a number of “financially responsible (related) adults.”
Instructions for posting a Federal Bond in the Southern District of California
- The Bail Bond documents must have your Witnesses signature next to where it says “surety.” Your signature and initials go in the following places, as indicated:
- First Signature – page titled “UNITED STATES DISTRICT COURT” (Appearance-Bond)
- Second Signature – page titled “AFFIDAVIT BY OWNER OF CASH SECURITY” (Second page of the Surety-Addendum)
- Your Initials – page titled “SURETY ADDENDUM TO APPEARANCE BOND” (Fill out one PER surety.) (First page of the Surety-Addendum)
- A public notary or your attorney needs to witness your signatures on the first two pages above.
- Provide a copy of your current driver’s license and a second form of ID, for example your passport or social security card. Please do not use a credit card as a second form of ID.
- Provide proof of income by sending a copy of your 2 most recent paycheck stubs and income tax return. We also need proof of assets to help us prove you are a “financially responsible” adult. For example: mortgage statement + Zillow.com print out, 401K statement, any bank account statements.
- If the bond is $30,000 personal appearance bond secured by a signature of one “financially responsible adult,” you do not have to deposit any amount with the court. (Number 11 is marked √, followed by the second box under 11 marked on the conditions of release.) You must simply prove that you have $30k or more in assets (usually assets that are difficult to sell quickly, ie. real estate, vehicle, 401K, mutual funds, stock, retirement plans.)
- If the judge set a cash deposit, please deposit the stated amount at the United States District Court, Clerk’s Office.
- IF THE BOND IS TO BE SECURED BY A TRUST DEED TO THE UNITED STATES ON A REAL ESTATE PROPERTY. You still need to complete steps 1-4 above and additionally the following steps.
- Proof of the Value of Real Property First. You must determine the value of the real property involved. One way to determine the most recent value of the property is to obtain the most recent Tax Assessment Records from the appropriate Registrar-Recorder/County Clerk’s Office, for the county where the real property is located. Alternatively, you can present a signed written appraisal of the current market value of the property.
- Determine the Amount of Equity You Have in the Property. You must determine if you have enough equity in the property to satisfy the bond. You can determine the equity in your property by subtracting the total amount owed on trust deeds and other encumbrances from the present value of the property. If you have any questions regarding the sufficiency of your equity, consult your attorney BEFORE deeding the property to the Clerk of the U.S. District Court.
- Deed the Property to the Clerk of the U.S. District Court. When you have determined that the equity in the real property is equal to or greater than the amount of the bond, you, as surety, should prepare a Deed of Trust naming the Clerk of the United States District Court as the Beneficiary ONLY.
- Record the Deed of Trust in the Appropriate County Recorder’s Office. After completing a deed of trust naming the Clerk of the U.S. District Court as beneficiary, record the deed in the appropriate County Recorder’s Office. For example, if the property is located in San Diego, record the deed in the San Diego County Recorder’s Office. Provide a certified copy of the recordation to your attorney. The recorded Deed of Trust will then be filed with the Clerk’s Office.
If you have any questions about filling out a federal bond in the Southern District of California (San Diego), please contact us.
If you have been charged with Federal or State violation in Southern California, Nevada, or Utah, contact LAWSTACHE™ LAW FIRM. Attorneys Anton Vialtsin and Jeremy Delicino have experience protecting those accused of federal and state crimes. Our office is conveniently located in downtown San Diego. We also have offices in Nevada and Utah. You can reach our San Diego office by calling (619) 357-6677 or by sending an e-mail.
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