Bail In Criminal Justice In Kings
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FAQ
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.
If you're arrested on an outstanding bench warrant in New York, the clock starts ticking upon arrest – not when the warrant was issued. So the 24 or 72 hour limit to arraignment applies from the moment you are detained on the warrant, just like with any other arrest.
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.
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.
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.
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.
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.
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.
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.
