Bail In Criminal Justice System In Suffolk

Category:
State:
Multi-State
County:
Suffolk
Control #:
US-00006DR
Format:
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

Bond Duration Explained Bail bonds in California are valid for the life of the cases unless you miss court or get rearrested. Then, depending on the circumstances, you may need to post another bond.

How Long Can a Person Be Out on a Bail Bond? Most states allow the bail bonds to last anywhere from 90 to 120 days. However, the time period varies based on the seriousness of the crime. The person's previous criminal record is also considered.

The bail amount is usually determined at the defendant's first court appearance (arraignment). The judge can release the defendant on their recognizance, deny bail, or set a bail amount.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

In felony cases, bail is often not automatically set at the time of arrest. Instead, defendants attend a bail hearing, during which both the prosecution and defense present arguments regarding bail conditions.

Initial Hearing / Arraignment. Either the same day or the day after a defendant is arrested and charged, they are brought before a magistrate judge for an initial hearing on the case.

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Bail In Criminal Justice System In Suffolk