Bond In Criminal Procedure In Miami-Dade

Category:
State:
Multi-State
County:
Miami-Dade
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.

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FAQ

If an inmate has bondable charges, he or she can bond out at anytime. Check the yellow pages to find a bondsman, we are not allowed to recommend or solicit for bondsman. For further information on bonding out an inmate, or to find out the bond amount on an inmate, call inmate information at 786-263-7000.

The bail bond process involves completing paperwork, providing identification, and potentially providing collateral. The bondsman and the Indemnitor (the person securing the bond) are responsible for ensuring the accused's appearance in court until the case is resolved.

A court bond is a surety bond used in court to reduce financial risks and guarantee that a trustee will faithfully execute their duties as ordered by the court Similarly, a court bond also guarantees a trustee's compliance with the decision if the court rules in favor of the other party.

Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation. Pretrial Services Report – The judge may also review a report that the pretrial services agency prepares.

There are three requirements for obtaining a Judicial Court Bond: Submit an application and signed indemnity agreement supplied by the surety broker/agent; Provide a copy of the court papers for the applicable action being filed; and. Provide collateral, usually in the form of an Irrevocable Letter of Credit.

Steps Identify which condition you want to modify. The judge may have imposed many conditions as part of your bail. Tell your lawyer to file the motion. Talk with the prosecutor. Format your motion. Insert the caption. Title your motion. Add an introduction. Provide important background facts.

At a bail hearing or sometimes at an earlier hearing (like an initial appearance), the judge will evaluate any predetermined bail amount and decide whether to change it. If so, the judge needs to figure out what amount is reasonable to make sure the defendant shows up for future court appearances.

You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.

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Bond In Criminal Procedure In Miami-Dade