Bail Definition Under Law In Middlesex

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State:
Multi-State
County:
Middlesex
Control #:
US-00006DR
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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

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.

Bail Bonds and Credit Scores It's a common misconception that co-signing for a bail bond will ruin your credit. In reality, a bail bond won't affect your credit score in any way. However, bail bond companies may conduct a credit check before allowing you to get a bail bond to make sure that you're a reliable co-signer.

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.

The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.

In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.

It is possible to revoke a bail bond if your circumstances or the relationship change, or you have concerns about the defendant's behavior. To revoke a bail bond in California, you will need to contact the bail bond agency and inform them of your decision.

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.

If you do not post bond, you can be held until your trial is over. How long defendants can be held without bond might vary from case to case, but it could be anywhere from several weeks to months or longer.

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.

Bail is the process by which any person arrested and detained for an offence is released from custody either on the undertaking of a surety or on his own recognizance to appear on a future date.

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Bail Definition Under Law In Middlesex