Bail Definition For Law In Middlesex

Category:
State:
Multi-State
County:
Middlesex
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

In most states, it is not permitted for an attorney to bail out a defendant themselves. However, in a handful of states, attorneys are allowed to post bonds for their clients. This is reliant on the fact that the attorney has a license at the time the bond is being posted.

Should you be convicted, your attorney can make a compelling case that your jail time be deferred based on your successful completion of probation. It's important to note that not all judges sentence you to jail time, even if the sentencing guidelines for your crime recommend it.

While attorney bail bonds may be legal in certain states, there have been many states that believe the practice leads to a conflict of interest and have therefore not allowed it.

The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

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Bail Definition For Law In Middlesex