Bale Definition In Law In Massachusetts

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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

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.

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.

A judge is guided in setting bail by considering the public's safety if an individual is released on bail. Defendant's threats to a witness, for example, may be considered on this issue.

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.

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.

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.

More info

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. 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. Bail is a crucial step in the criminal justice system, as it allows defendants to be released from custody while awaiting trial. Specifically, the Commonwealth may file a motion to revoke the defendant's bail. Definition and Purpose of Bail. Section 24: Bail fees; persons authorized to take bail; restrictions. The potential outcomes at arraignment vary broadly as discussed below. Arraignments are the formal beginning of a criminal case in a public trial court. Yet, you may still be able to get out with bail.

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Bale Definition In Law In Massachusetts