Bail Versus Bond Form Delhi District Court In Montgomery

Category:
State:
Multi-State
County:
Montgomery
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

You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.

Steps Identify which condition you want to modify. The judge may have imposed many conditions as part of your bail. Tell your lawyer to file the motion. Talk with the prosecutor. Format your motion. Insert the caption. Title your motion. Add an introduction. Provide important background facts.

More videos on YouTube The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history. The defendant's family situation.

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.

At a bail hearing or sometimes at an earlier hearing (like an initial appearance), the judge will evaluate any predetermined bail amount and decide whether to change it. If so, the judge needs to figure out what amount is reasonable to make sure the defendant shows up for future court appearances.

Getting released on your own recognizance, or OR, means you don't have to post bail or a bond in order to be released from custody following an arrest.

An “own recognizance” release is when the court lets a defendant out of jail after an arrest without having to post bail, based solely on his or her promise to (a) return to court for future hearings and (b) comply with certain conditions of release.

A personal recognizance bond allows a defendant to be released from jail without posting bail or putting up a deposit. Also known as a PR bond, being released on your own recognizance means you promise to appear in court without additional bond conditions.

For minor crimes, a defendant may be summoned to court without the need for bail, or may be released on recognizance (promising to appear in court, with no bail required) following arraignment.

Common Questions. Does Your Bond Go Down When You Stay in Jail? Clarification: Staying in jail does not reduce your bond automatically, but prolonged detention can be argued for bail reduction.

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Bail Versus Bond Form Delhi District Court In Montgomery