Bail In Criminal Justice System In Washington

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Multi-State
Control #:
US-00006DR
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Word; 
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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

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.

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.

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.

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 - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

The Bail Reform Act gives a criminal defendant a right to request a lower bail if the amount set by the court initially is too high. At the bail reduction hearing, the defendant is able to argue that the bail set is so high that it is effectually the denial of bail and thus it should be reduced.

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Bail In Criminal Justice System In Washington