Define Bail In Law Terms In Harris

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Multi-State
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Harris
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US-00006DR
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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

The court will schedule a hearing after a defendant files a motion for a bond reduction. Depending on the court's schedule, it may take several days to a couple of weeks to schedule a hearing to rule on the defendant's bond reduction motion.

If you are facing criminal charges and have an upcoming bond hearing, you need to hire an attorney as soon as possible. Having an experienced lawyer by your side can be the difference between remaining in jail until your trial or being released and being reunited with your friends and family.

A bond cannot be reduced if the prosecutor is not willing and the judge rules in their favor. However, without an attorney now, she can submit a request to the judge. It is called A Motion to Request Reduced Bond. If she is on her own, she can just write it in letter form.

The maximum duration of detention without charges in Texas is 48 hours, with consequences for exceeding this limit. Individuals facing criminal prosecution have access to their constitutional rights such as the right to remain silent, an attorney, and Miranda warnings.

If you can't make bail in Texas, you will stay in jail until you have served your sentence in full, have completely beaten your case through a not guilty verdict or dismissal, or until you are released on probation. To finally resolve a case, it can take anywhere from a few months to a few years.

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.

No Bond Hold This could happen if the defendant is considered a flight risk, poses a danger to others, or if there are reasons to believe they may tamper with evidence or intimidate witnesses. In such cases, the judge may issue a “no bond hold,” which means the person will remain in custody until their trial.

For those accused of a felony, the defendant is generally entitled to a personal bond after 90 days of incarceration have elapsed if the defendant has not been indicted.

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Define Bail In Law Terms In Harris