Bail Versus Bond Forfeiture Hearing Wisconsin In Queens
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California Penal Code Section 825 says that a person arrested in California must be brought before a judge within 48 hours to be charged or released. These rules prevent law enforcement from holding suspects indefinitely while providing sufficient time to collect evidence and decide whether to take the case forward.
Write the judge a letter to ask for a bond hearing. On the next page is a sample letter that you can fill out and send to the judge. Be sure to include your name, A-number, and your request to have a bond hearing as soon as possible.
In the state of California, almost everyone who is arrested can be released from jail with bail. The only exceptions are people arrested for “serious felonies”. In this case, the Department of Justice states that a hearing may be held before a magistrate or judge. This is commonly known as a bail bond hearing.
969.13 Forfeiture. (1) If the conditions of the bond are not complied with, the court having jurisdiction over the defendant in the criminal action shall enter an order declaring the bail to be forfeited.
Truthfully, bail bond hearings in California are rare given the current bail laws. Most people are arrested, charged, and released on bail. It's only the severe cases when a bail hearing is needed to decide if someone should get bail or be forced to remain in jail awaiting trial.
If you were arrested in California, this state allows the reinstatement of bail bonds. There are many reasons you may violate the terms of your initial agreement – some of which can be out of your control, like a sudden sickness.
WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? 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 legal implications of bail bond forfeiture can be severe. Beyond the financial loss, the defendant may face additional charges for failing to appear in court, complicating their legal situation.
Bond forfeiture means that the person loses the guarantee made by the bail bond company on their behalf. There are some circumstances in which the judge might excuse the accused for missing court and bail or bond can be reinstated.
In a civil forfeiture hearing, the government must prove by a “preponderance of the evidence” the property is legally subjected to be forfeited, which means it was gained from criminal activity, or that the property was involved in an illegal transaction.
