Bail In Criminal Appeal In Phoenix

Category:
State:
Multi-State
City:
Phoenix
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

To get an appeal bond, you need to contact a surety agent, such as NFP. The surety company will need a copy of the judgment against you, as well as either a blank appeal bonds form or a copy of a completed supersedeas bonds form the courts have accepted in the past.

Often, the appeals court will send the case back to the trial judge for reconsideration, so when that happens it is the same judge.

A. The notice of appeal shall be filed with the trial court within 14 calendar days after the entry of the order, ruling, judgment, or sentence appealed from, except that a notice of delayed appeal shall be filed within 14 calendar days after entry of an order granting a delayed appeal.

To get an appeal bond, you need to contact a surety agent, such as NFP. The surety company will need a copy of the judgment against you, as well as either a blank appeal bonds form or a copy of a completed supersedeas bonds form the courts have accepted in the past.

Bail can be denied if there's a risk that the defendant might try to obstruct justice, for example, by destroying evidence or intimidating jurors. A judge may deny bail if there is a credible belief that the accused might attempt to influence, intimidate, or threaten witnesses to keep them from testifying.

The appeals court checks over what happened in dependency court to see if the judge made a significant legal mistake. To do this, the appeals court looks at the legal papers and transcripts. Transcripts are written "scripts" of everything that was said in court.

There is no limitation. However you can file bail application a second time only after you have some new facts coming to light or if circumstances materially alter. Else it will be just thrown out. But you can go to higher court immediately after your bail is rejected in the lower court.

Whether or not you will be able to appeal your case more than once depends on a number of factors; most of the time, you can only appeal to the court that is directly above the trial court that issued a decision about your case. However, in some cases, the appeal does not go to the appeals court.

Bail may be filed many times,if it is declined by the court. Condition precedent for filing the second bail in the same court is only after the change of circumstances.

For example, for a California Appeal Bond, the appeal bond must be 1.5X's the judgment of the lower court. To get an appeal bond, the party needing the bond will need to contact a licensed surety bond expert.

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Bail In Criminal Appeal In Phoenix