Bond In Criminal Procedure In Oakland

Category:
State:
Multi-State
County:
Oakland
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

Description

The Bail Bond Agreement is a crucial legal document used in criminal procedure in Oakland, facilitating the release of defendants from custody pending trial. This agreement outlines the responsibilities of the applicant, including the payment of bail premium and potential indemnification to the bail bonding company. Key features include the requirement for the applicant to pay a premium, indemnify the bail bonding company and surety against any liabilities, and cooperate in securing the release of the defendant. The form specifies that the premium is non-refundable and details the obligations concerning fees for legal services and expenses incurred in searching for a defendant if necessary. It is essential for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides guidelines for managing bail-related risks and financial responsibilities. Accurate filling and adherence to its conditions are critical to avoid forfeiture of bail funds and ensuring compliance with court requirements. Additionally, understanding the implications of this agreement allows legal professionals to better advise their clients during the bail process.
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FAQ

If a person can't make bail in Sacramento, they must remain in jail until their case eventually goes to trial. The so-called “pretrial detention” period — the time between when a person is arrested and their case reaches a courtroom for a trial — can take anywhere from several weeks to several years.

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.

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.

If arrested or called in for questioning, California Penal Code Section 825 states that defendants must be brought before a judge within 48 hours to determine whether they will be charged or released. In other words, you can be held for 48 hours without charges.

If a defendant can't post bail, they will remain in custody until their court hearing. If a defendant cannot personally post bail, they may ask family or friends to help them. Alternatively, they can engage a bail bond company to post a bond on their behalf.

There are three requirements for obtaining a Judicial Court Bond: Submit an application and signed indemnity agreement supplied by the surety broker/agent; Provide a copy of the court papers for the applicable action being filed; and. Provide collateral, usually in the form of an Irrevocable Letter of Credit.

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Bond In Criminal Procedure In Oakland