What factors will the judge consider when issuing a bond?

More videos on YouTube The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history. The defendant's family situation.

US Legal Forms
Bail Bond Agreement

Bail Exoneration Bond Format In Contra Costa

Q: What factors will the judge consider when issuing a bond?

More videos on YouTube The defendant&#039;s flight risk. The defendant&#039;s criminal history. The severity of the alleged crime. The defendant&#039;s ties to the community. The defendant&#039;s employment status and financial resources. The defendant&#039;s mental health and substance abuse history. The defendant&#039;s family situation.

Category:

Criminal - Bail

State:

Multi-State

County:

Contra Costa

Control #:

US-00006DR

Format:

Instant download

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.

When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

The amount that your bail is set at is determined by a judge ing to the nature of the offense and your own history. You can also put up your property as collateral for bail bonds. As long as you make all of your scheduled court appearances, the full bail amount will be returned to you.

Common Violations of Bail Conditions Failure to Appear in Court: Missing a scheduled court date is one of the most severe violations. Leaving the Jurisdiction: Traveling outside the allowed area without permission. Contacting Prohibited Individuals: Ignoring no-contact orders by reaching out to victims or witnesses.

A bail bond is exonerated when the legal process/trial has finished. It does not matter whether the defendant is found guilty/innocent or if the case has been dismissed. At this point, the bail bond is discharged. However, any unpaid premium, fees or other amounts charged by the bail service provider are still owed.

Common violations include: Failure to Appear in Court: Missing a scheduled court date is one of the most severe violations. Leaving the Jurisdiction: Traveling outside the allowed area without permission. Contacting Prohibited Individuals: Ignoring no-contact orders by reaching out to victims or witnesses.

More videos on YouTube The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history. The defendant's family situation.

Steps Identify which condition you want to modify. The judge may have imposed many conditions as part of your bail. Tell your lawyer to file the motion. Talk with the prosecutor. Format your motion. Insert the caption. Title your motion. Add an introduction. Provide important background facts.

At a bail hearing or sometimes at an earlier hearing (like an initial appearance), the judge will evaluate any predetermined bail amount and decide whether to change it. If so, the judge needs to figure out what amount is reasonable to make sure the defendant shows up for future court appearances.

If you do not make your bail payments on time, your bondsman can sue you in civil court to recover what you owe them. They will also revoke your bond if your case is still open.