Bail Meaning In Law In Massachusetts

Category:
State:
Multi-State
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

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

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.

Bail after an Arrest After booking, a Bail Clerk will be contacted by the police and he or she will be told the circumstances of the arrest and the charges against the arrestee. The Bail Clerk will decide if a bail is necessary to guarantee your appearance at Court if you are released, and if so, how much.

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.

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.

A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.

Bail after an Arrest After booking, a Bail Clerk will be contacted by the police and he or she will be told the circumstances of the arrest and the charges against the arrestee. The Bail Clerk will decide if a bail is necessary to guarantee your appearance at Court if you are released, and if so, how much.

Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.

More info

Bail isn't a form of punishment. The amount of bail set doesn't indicate a defendant's innocence or guilt, merely that they appear in court.The purpose of bail is to make sure that a person accused of a crime (a defendant) will come to court for proceedings related to their case. Massachusetts offers two primary forms of bail cash bail and surety bonds both designed to release prisoners from custody quickly. If you are arrested and charged with a crime in Massachusetts, you may be presented with the possibility of posting bail. Bail is a sum of money or form of security provided to the court to ensure that a criminal defendant appears for their scheduled court hearings. The measure aims to fix a number of gaps in the criminal justice system that impede the efficient administration of bail and pretrial detention. It means you will be at liberty until your case is over. A judge can also order bail in your case. Personal recognizance.

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

Bail Meaning In Law In Massachusetts