Bail In Criminal Appeal In Montgomery

Category:
State:
Multi-State
County:
Montgomery
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

If you are denied bail, you will remain in custody until your matter is heard. Likewise, if you are granted but cannot post bail, you will remain in custody. An experienced defense attorney can help you thoroughly prepare for your bail hearing to give you the best chance of release.

Rule 7.3(a) provides mandatory conditions of release, which apply in every release order. Rule 7.3(b) allows the court the flexibility to fashion other conditions of release.

(f) Bill of Particulars. The court may direct the government to file a bill of particulars. The defendant may move for a bill of particulars before or within 14 days after arraignment or at a later time if the court permits. The government may amend a bill of particulars subject to such conditions as justice requires.

Rule 7.2. Right to release on one's personal recognizance or on bond.

Rule 27.1. Granting probation. If the sentencing court is given authority to suspend execution of sentence and to place the defendant on probation, the court may impose on the probationer such conditions and regulations as will promote the probationer's rehabilitation and protect the public.

Criminal Procedure SECTION 15-13-3 PERSONS CHARGED WITH CAPITAL MURDER; PRETRIAL DETENTION HEARING; DENIAL OF BAIL IN PARTICULAR CASES.

The Court of Criminal Appeals hears all appeals of felony and misdemeanor cases, including violations of city ordinances and all post-conviction writs in criminal cases. For qualification, election, and discipline of judges, please see the Appellate Courts Overview page.

Post-conviction bail is usually not available after convictions of serious or violent crimes, but some jurisdictions allow post-conviction bail when a defendant's sentence is shorter than the amount of time that it would likely take to resolve the appeal.

In California, bonds can be posted twenty-four hours a day, seven days per week. But whether you can bail someone out of jail at any time depends on their situation.

If a person is arrested for drug trafficking in Alabama, the first issue that they will face concerns bail and whether they're able to get out of jail. Alabama law permits judges and magistrates to set extremely high bail on drug trafficking cases ranging as high as one & a half million dollars.

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Bail In Criminal Appeal In Montgomery