Bail Definition Under Law In Cook

Category:
State:
Multi-State
County:
Cook
Control #:
US-00006DR
Format:
Word; 
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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

Understanding the Legal Process: No Bond Granted In California, bond arrangements are at a judge's discretion. A judge may legally remand an individual without bond in cases such as – Severe crimes like murder, rape, or burglary. Repeat offenses. Flight risks like a lack of permanent address.

The Judge in Bond Court decides whether to set a Bond, and the amount of the Bond. If no Bond is set, or if the amount of the Bond is too high, you will be required to stay in County Jail until your case is over. You will not be allowed to go home and go back to work.

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

California Penal Code Section 825 says that a person arrested in California must be brought before a judge within 48 hours to be charged or released. These rules prevent law enforcement from holding suspects indefinitely while providing sufficient time to collect evidence and decide whether to take the case forward.

Definition of No Bond When a judge announces no bond, the defendant isn't eligible for release from county jail through bail as the judge has not set a bail amount. Instead, the arrested person has to remain in custody until the case concludes or a judge potentially sets bail at a later hearing.

Being held without bond means that the individual will be held in confinement without being given the opportunity to be bonded/bailed out of jail. The person will be held without bond until a motion for bond is drafted and filed by the attorney and a hearing is held in the court.

Bail is an agreement that you will attend court if you have been charged with one or more offences. This agreement means that you won't be held in custody while the matter is in court. It may have one or more conditions that you must follow.

The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

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Bail Definition Under Law In Cook