Bail In Criminal Justice System In Kings

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State:
Multi-State
County:
Kings
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

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.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. “This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction. . . .

In 1677 Parliament passed the Habeas Corpus Act providing for release on bail for all bail-able offenses. Bail was typically set too high for most prisoners. The English Bill of Rights of 1689 prevented unreasonable bail requirements.

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.

In 1966, Congress enacted the Bail Reform Act, which expanded the bail rights of federal criminal defendants by giving non-capital defendants a statutory right to be released pending trial, on their personal recognizance or on personal bond, unless a judicial officer determined that such incentives would not adequately ...

For instance, if a judge sets a bail amount of $500,000 for a misdemeanor criminal trespass, that amount would be excessive, given most misdemeanor bail amounts are generally minimal amounts, and certainly well below $500,000.

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.

To post bail, you must have personal identification and the incarcerated person's New York State Identification (NYSID) or Book and Case number. Money order from one of the following: Federal Express. U.S. Postal Service.

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.

More info

The Judge decides the amount of bail. Bail may be denied in serious felony cases or where the defendant has two prior felony convictions.Throughout the boroughs of New York City and elsewhere in the state, a judge may decide to set bail or another securing order at your arraignment. To post bail, you must present personal identification and provide the New York State Identification (NYSID) or Book and Case number of the person to be bailed. The NYPD has prepared important information on the criminal justice process in New York City so you can become more familiar with many procedures. There are nine different forms of bail and the law requires that the judge give at least three ways of paying bail. Bail is just a form of surety bond, a placement of money that will be forfeited if the agreement is broken. Bail is money deposited with a court in return for releasing a criminal suspect from pre-trial detention. Crime and criminal justice processing data from law enforcement, prosecution, courts, and corrections agencies throughout New York State can be found here. 50,000, it means one needs to put in before the court something which is clearly having a value of at least 50,000.

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Bail In Criminal Justice System In Kings