Bail Definition For Law In Queens
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In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.
For less severe offenses, such as misdemeanors, bail may be more readily granted. In contrast, for violent or serious felonies, it may be more challenging to secure release.
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.
Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.
The court (judge or justice of the peace) decides, based on the evidence and submissions of the parties, whether to detain or release the accused, with or without conditions.
Anyone may telephone the police to report a breach of the bail conditions. An allegation of breaching any condition will likely result in the accused's re-arrest. The accused will be charged with a further offence of breaching an undertaking or recognizance.
