Bail In Criminal Justice System In King

Category:
State:
Multi-State
County:
King
Control #:
US-00006DR
Format:
Word; 
Rich Text
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

Initial Hearing / Arraignment. Either the same day or the day after a defendant is arrested and charged, they are brought before a magistrate judge for an initial hearing on the case.

The bail amount is usually determined at the defendant's first court appearance (arraignment). The judge can release the defendant on their recognizance, deny bail, or set a bail amount.

In felony cases, bail is often not automatically set at the time of arrest. Instead, defendants attend a bail hearing, during which both the prosecution and defense present arguments regarding bail conditions.

First, the black-letter law of bail in the Founding era was highly protective of pretrial liberty. A uniquely American framework for bail guaranteed release, in theory, for nearly all accused persons.

This means we examined crime trends before and after bail reforms in 22 cities and compared these with trends in 11 cities without reforms. We found no significant changes in crime trends during the 12 months after reform, which indicates that bail reform does not have a discernible impact on crime rates.

The historical inquiry illuminates three key facts. First, the black-letter law of bail in the Founding era was highly protective of pretrial liberty. A uniquely American framework for bail guaranteed release, in theory, for nearly all accused persons.

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Bail In Criminal Justice System In King