Bail Versus Bond Formation In Suffolk

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

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

Factors Considered in Determining Whether to Order Bail/ Amount of Bail: Nature and Circumstances of Charged Offense. Potential Penalty of Charged Offese. Family & ties in the community. Employment history, length of residency and reputation in the community. History of Mental Illness and Substance Abuse. Criminal Record.

Flight risk - Bail is often denied if the court believes you are a flight risk based on financial resources, ties to the community, or a prior failure to appear in court. Violent crime - If you are accused of a particularly violent crime, the judge might decide you are a potential threat to the community.

SUMMARY FINDINGS grant bail or detain suspects affects all stages of the criminal justice process. characteristics finds that severity of an offense and prior criminal record are the strongest predictors of pretrial release decisions. correlated with pretrial release.

Penal Code § 1275, the judge or magistrate will weigh the following factors when setting, lowering, or denying bail: Whether or not releasing the defendant would endanger the community. This is the most important deciding factor of all.

Bail after an Arrest After booking, a Bail Clerk will be contacted by the police and he or she will be told the circumstances of the arrest and the charges against the arrestee. The Bail Clerk will decide if a bail is necessary to guarantee your appearance at Court if you are released, and if so, how much.

How to Post Bail in Massachusetts. Once bail is set, the defendant or someone on their behalf can post bail.

In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.

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Bail Versus Bond Formation In Suffolk