Bail Define In Law In Middlesex
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In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.
When Is Bail Set? Judges ordinarily set a bail amount at a suspect's first court appearance after an arrest, which may be either a bail hearing or an arraignment. Many judges adhere to standard practices based on the seriousness of the charges. For example, a judge might set bail at $500 for a nonviolent misdemeanor.
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.
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.
Under the old law, a defendant is released or detained based on their ability to post bail. Under the new law, there is no bail. The New Jersey court looks at whether or not the defendant will appear in court, the community is safe, and whether the defendant will obstruct the criminal justice process.
