Bail Versus Bond Form Delhi District Court In Massachusetts

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State:
Multi-State
Control #:
US-00006DR
Format:
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 defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).

Massachusetts does not have bail bondsmen, so whoever is going to post the bail will have to come up with the entire amount. Sometimes this takes a matter of days, or longer, during which the defendant will be held at the county jail.

In Massachusetts, someone charged with certain crimes can be held without bail for up to 120 days (180 days in superior court) under dangerousness. This process is detailed in M.G.L. ch.

The District Court handles misdemeanors where the maximum sentence is 2 ½ years in the House of Corrections. The Superior Court has authority over all crimes and most often handles major felony cases.

The Local Court civil jurisdiction deals with civil claims up to $100,000. It deals with most criminal matters including summary offences, which are crimes such as stealing, assault and possession of drugs. More serious offences are referred to the District or Supreme Court after a committal hearing in the Local Court.

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.

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Bail Versus Bond Form Delhi District Court In Massachusetts