Bail Meaning Under Law In Montgomery

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Multi-State
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Montgomery
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US-00006DR
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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

States typically have a constitutional provision mirroring the federal Eighth Amendment prohibition on excessive bail. There also are constitutional or statutory provisions that provide the “right to bail”—the right to be released from jail before trial after a defendant agrees to return for court.

Constitutional Amendments – Amendment 8 – “Freedom from excessive bail, fines, and cruel punishments.” Amendment Eight to the Constitution was ratified on December 15, 1791.

Motlow, 10 F. 2d 657 (1926). Although the Eighth Amendment protects against excessive bail, there is not an absolute right to bail, as noted in The Bail Reform Act, 18 USC Chapter 207.

Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Id. at 4–5.

The United States Supreme Court has interpreted this amendment to prohibit the imposition of excessive bail without creating a right to bail in criminal cases. See United States v. Salerno, 481 U.S. 739, 754-55 (1987)("eighth amendment does not grant absolute right to bail").

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.

Some examples of typical bail amounts for common crimes are: Petty theft: $50 to $1,000. DUI: $500 to $10,000. Assault: $1,000 to $50,000. Murder: $1 million or more.

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.

More info

Bail is a sum of money a defendant pays to be released from custody to remain in the community while their criminal matter is finalized. Bail is an amount of money that some people charged with crimes have to pay in order to be released from jail while they continue to fight their case.Bail is the amount of money defendants must post to be released from custody until their trial. The purpose of bail is to hold defendants accountable and ensure they return to court. Bail in the United States refers to the practice of releasing suspects from custody before their hearing, on payment of bail. Bail is accepted during office hours ( am to pm). It is suggested that you arrive at least one half hour prior to the office closing. A bail bondsperson sells a legal paper called a bond to give to the court instead of money. It is usually done at the commissioner's office. This includes cash, a bail bond, or personal bond.

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Bail Meaning Under Law In Montgomery