Define Bail In Law Terms In Wake

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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

A motion off bond is a legal process where either the defendant or prosecution in a case can petition the court to modify or rescind the defendant's bail conditions. This can come with either positive or negative consequences for the defendant, depending on the nature of the changes.

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.

After a person's arrest, a judge or other court officer will set the amount of bail, along with any other conditions for his or her release from jail.

Usually, within 48 hours of your arrest, you will be brought before a magistrate who will set the amount of your bail and any other conditions for your release.

The judge will consider various factors, including the severity of the charges, the defendant's criminal history, ties to the community, and flight risk. Based on these factors, the judge determines whether bail will be granted and, if so, the amount of bail.

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.

Under the new law, judges are now responsible for setting the terms and conditions of pretrial release for serious offenses. Judges will also conduct a criminal background check and a risk evaluation before deciding on your bond.

To set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and a place certain, which security is called “bail,” because the party arrested or imprisoned is delivered into the hands of those who bind themselves for his forthcoming, (that is, become bail for his due appearance ...

Transitive verb. 1. : to temporarily release (a prisoner) in exchange for security (see security sense 2a) given for appearance at a later hearing : to release under bail (see bail entry 3 sense 1) 2. : to procure the release of by giving bail (see bail entry 3 sense 2)

Word forms: plural, 3rd person singular present tense bails, bailing, past tense, past participle bailedlanguage note: The spelling bale is also used for meaning sense 4, and for meanings sense 1 and sense 4 of the phrasal verb.

More info

Bail and bail bonds - Bail refers to "cash bail" or a "bail bond". Throughout the boroughs of New York City and elsewhere in the state, a judge may decide to set bail or another securing order at your arraignment.The money or bond put up to secure the release of a person who has been charged with a crime. 1. law : the temporary release of a prisoner in exchange for security (see security sense 2a) given for the prisoner's appearance at a later hearing. Bail is the money a defendant pays as a guarantee that they will show up in court at a later date. A failure to return triggers the bond obligation. Bail is an amount of money that some people charged with crimes have to pay in order to be released from jail while they continue to fight their case. (1) Defines words and terms that are frequently used in the FAR;. (2) Provides cross-references to other definitions in the FAR of the same word or term; and. In the early 1970s, 360,000 persons were incarcerated in correctional facilities.

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Define Bail In Law Terms In Wake