Bail In Criminal Law In King

Category:
State:
Multi-State
County:
King
Control #:
US-00006DR
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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

Even if you have been sentenced for a crime, you may be able to post bail and get out of custody during the course of your appeal.

Bail eligibility refers to the conditions under which an accused person may be granted release from jail before their trial. The primary purpose of bail is to ensure that defendants appear in court for their scheduled hearings and do not pose a danger to the community.

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.

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.

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.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

That's called, "Release on own recognizance" or referred to as ROR. That's where, technically, you're not posting any bail, but technically under the law it's deemed to be bail. It's ROR.

The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.

If the court does decide to allow the defendant to post bond again, the new bond amount is usually set much higher than the original one. The increase is due to the court viewing the defendant as a greater flight risk.

The limit varies from state to state, and some states may not have any statutory limits. For example, in California, there is no statutory limit for most crimes. However, in some states, such as Alabama, there are caps on bail amounts for certain types of offenses.

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Bail In Criminal Law In King