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.