Bail In Criminal Antecedents 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

Post-conviction bail is usually not available after convictions of serious or violent crimes, but some jurisdictions allow post-conviction bail when a defendant's sentence is shorter than the amount of time that it would likely take to resolve the appeal.

Yes! In California, bonds can be posted twenty-four hours a day, seven days per week. But whether you can bail someone out of jail at any time depends on their situation. When someone is arrested, they have a first appearance soon after.

An arraignment in New York typically occurs within 24-72 hours of the defendant's arrest. N.Y.

Craigie: There are numerous reasons we want bail reform. Ideally, we want to keep people out of jail who don't belong there and save the state funds by avoiding unnecessary incarceration.

Cook County's bail reform has resulted in increased use of non-financial pretrial release options and declines in the amount of bail set for detained felony defendants. These two impacts have served to reduce the number of defendants admitted to the Cook County jail and the duration of their incarceration.

Although the Eighth Amendment protects against excessive bail, there is not an absolute right to bail, as noted in The Bail Reform Act, 18 USC Chapter 207. Section 3142 of the Act denies bail to certain defendants pending trial, specifically denying bail to defendants likely to flee or pose a danger to society.

“All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted.” Art.

All defendants have a guaranteed right to bail. A majority of criminal convictions in state courts are the result of plea bargaining.

Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein.

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Bail In Criminal Antecedents In Cook