Bail In Criminal Justice System In Montgomery

Category:
State:
Multi-State
County:
Montgomery
Control #:
US-00006DR
Format:
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

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.

Bail Setting The judge determines the amount of bail that must be posted for the defendant's release. The bail amount is influenced by various factors, including the severity of the charges, the defendant's criminal history, ties to the community, employment status, and the potential flight risk.

Even if you have been sentenced for a crime, you may be able to post bail and get out of custody during the course of your appeal.

Types of Bail in Maryland Bail Bond: A defendant can work with a bail bondsman to post bail. Typically, the defendant pays 10% of the bail amount to the bondsman, who guarantees the rest. Personal Recognizance: In some cases, the judge may release the defendant without requiring bail.

This usually happens within 48 hours after your arrest. Normally the majority of jurisdictions use a schedule for bail to decide the bail amount that should be set. The Superior Court of Los Angeles County sets a bail of $20,000 if a person has been arrested for a felony.

If bond is denied, the accused can seek review of this issue by a higher court; however, if bond is denied the accused will remain in custody until the case is finally concluded.

Failing to post bond has several consequences: Extended Jail Time: You remain in custody until your court date, ranging from weeks to months. Court Appearances: Regular court appearances are required. Impact on Employment and Family: Prolonged jail time can lead to job loss and financial strain.

Alabama courts use a set list of factors to set the amount of bond and the conditions of bond in a criminal case. The following factors are considered by the court: The age, background and family ties, relationships and circumstances of the defendant. The defendant's reputation, character, and health.

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Bail In Criminal Justice System In Montgomery