Bail In Criminal Antecedents In Wake
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The historical inquiry illuminates three key facts. First, the black-letter law of bail in the Founding era was highly protective of pretrial liberty. A uniquely American framework for bail guaranteed release, in theory, for nearly all accused persons.
First, the black-letter law of bail in the Founding era was highly protective of pretrial liberty. A uniquely American framework for bail guaranteed release, in theory, for nearly all accused persons.
Judges determine bail and exercise discretion in determining the appropriate bail. They consider the accused's rights and the community's safety. This decision directly impacts the accused's ability to prepare for his/her defense and navigate the legal system from a position of freedom.
You cannot bail out anyone who has been sentenced to prison. Bail is only for pre-sentencing proceedings. Once sentenced to incarceration bail is revoked, and the defendant is taken into custody.
If the conviction is for a minor crime or the sentence is a relatively short one, there is a greater chance you will receive bail. Most jurisdictions weigh this decision by determining if your jail sentence is shorter than the time it would take to resolve the appeal. If so, you will likely have bail be available.
In some cases, a defendant is permitted to remain on bail after a conviction while awaiting final sentencing. Indeed, a court may even set an ``appeal bond'' after conviction and sentencing, wherein a defendant can remain in the community during an appeal.
Typically after sentencing, the case is done. In some cases, the defendant may choose to appeal the judge or jury's decision, or even the sentence. There are strict deadlines for appealing. After a defendant serves a sentence, in some cases, they may be able to "clean their record".
In the state of North Carolina, there are four ways to get a person out of jail: post the bond yourself, use property for collateral in court, have a judge release the defendant on their own recognizance, or hire a licensed and insured bail bondsman.
If the defendant fails to appear in the hearing, or fails to remain entire sobriety during the bail, the defendant jumps bail. Usually, the result of bail jumping leads to the forfeiture of the bond. But sometimes bail jumping can be a crime itself.
