Bond In Criminal Procedure 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

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.

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.

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

(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.

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.

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.

The maximum stay depends on the court system. Typically you will be held until your trial, also called "pretrial detention." While you have the right to a "speedy" trial, the definition of this is up to the court and can vary. This means you might be kept in jail for anything from a few weeks to several years.

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.

Even so, if the person cannot obtain his or her release, the person is entitled to go before a judge or magistrate within 72 hours after arrest for an initial appearance, unless the arrest is pursuant to a warrant issued on an indictment, in which case authority to set or to review release conditions is reserved to the ...

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The following schedule is established as a general rule for circuit, district, and municipal courts in setting bail for persons charged with bailable offenses. The Clerk of Courts Office accepts payment for bail for all criminal cases pending at the Court of Common Pleas.Transfer and disposition of bond. The Judge decides the amount of bail. Bail may be denied in serious felony cases or where the defendant has two prior felony convictions. The defendant can post the bond or have someone who is at least 18 years old post the bond. It is usually done at the commissioner's office. Degree of Offense, In-State Bond, Out-of-State Bond. Public access to case information is available in the Clerk of Courts' office during normal business hours: am to pm, Monday through Friday. The Montgomery County Adult Probation Office has decided to implement a new random drug and alcohol test policy.

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Bond In Criminal Procedure In Montgomery