Bail In Criminal Procedure 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

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.

There is no limitation. However you can file bail application a second time only after you have some new facts coming to light or if circumstances materially alter. Else it will be just thrown out. But you can go to higher court immediately after your bail is rejected in the lower court.

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.

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.

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.

More info

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. The Judge decides the amount of bail.Bail may be denied in serious felony cases or where the defendant has two prior felony convictions. Defendants who can post bail or are released on their own recognizance will be given a date to appear in court. 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. Created in 2013, Brooklyn Justice Initiatives seeks to forge a new response to misdemeanor and non-violent felony defendants in Kings County, New York. Bail is money deposited with a court in return for releasing a criminal suspect from pre-trial detention. The purpose of prison bail? If somebody should or shouldn't be jailed, why make it contingent on an amount of money that they can buy themselves out with? Thus, once the trial is complete, your bail money is returned.

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

Bail In Criminal Procedure In Kings