Bail Definition Under Law In Washington

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Multi-State
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US-00006DR
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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

In cases of more serious crimes, the suspects will have to wait for a bail hearing. At the hearing, a judge will decide if the suspect may be released on bail and the amount. Bail is based on the suspect's flight chance and the crime accused.

No, a bail bondsman generally cannot enter your home without a warrant or your consent. This rule protects your privacy rights, similar to how police officers must operate. However, if you have signed a bail agreement, you might have given consent for a bail bondsman to enter your home.

If you are granted police bail you may have to sign a Bail Undertaking which places restrictions on what you may do whilst on bail. If bail is refused by police then under the Bail Act 1982, you must be taken before a court as soon as reasonably practicable.

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.

Judges can use criteria such as the severity of charges or allegations, criminal history, and warrant history to determine what the bail amount will be after reviewing each individual case.

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Bail Definition Under Law In Washington