Bail Definition In Law In Kings

Category:
State:
Multi-State
County:
Kings
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.

Free preview
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement

Form popularity

FAQ

Bail. 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.

It means there is another case with far more nail or a hold. A judge orders one dollar bail so a person receives credit for time in jail on that case.

A judge is guided in setting bail by considering the public's safety if an individual is released on bail. Defendant's threats to a witness, for example, may be considered on this issue.

Factors Considered in Determining Whether to Order Bail/ Amount of Bail: Nature and Circumstances of Charged Offense. Potential Penalty of Charged Offese. Family & ties in the community. Employment history, length of residency and reputation in the community. History of Mental Illness and Substance Abuse. Criminal Record.

Judges typically weigh the following key factors when deciding on whether to impose bail and in what amount: Your previous criminal record; Whether you are considered a flight risk; The severity of your alleged crime; and.

5 factors a judge will consider are: Case law and statutes. The first thing a judge must consider is the law. History of offenses. Prior criminal records will be considered by the judge when determining your sentence. Compliance. Severity. Risk to the community.

Judges determine bail and exercise discretion in determining the appropriate bail. They consider the accused's rights and the community's safety. This decision directly impacts the accused's ability to prepare for his/her defense and navigate the legal system from a position of freedom.

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

Trusted and secure by over 3 million people of the world’s leading companies

Bail Definition In Law In Kings