Bail In Criminal Procedure In Washington

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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 - 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.

Defendant's Criminal History and Community Ties Other factors that influence the bail amount include a defendant's past criminal record, a defendant's record of bail jumping (or failure to appear), whether a defendant is employed, and whether a defendant has close ties to the community.

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.

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

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.

More info

Bail is a sum of money a defendant pays to be released from custody to remain in the community while their criminal matter is finalized. Bail is a sum of money a defendant pays to be released from custody and remain in the community while their criminal matter is finalized.If a bail requirement is imposed or maintained, the court shall set out its reasons on the record or in writing. (k) Amendment or Revocation of Order. Method used in the Bail Process in Washington to assure the attendance of trial is through bail, which refers to the temporary release. It is possible to be released on bail after booking if you have been charged with a misdemeanor. A cash bond will be required. Bail must be set in all cases regardless of the crime committed. The suspect may agree to appear and be released on personal recognizance. At the arraignment, the court may address bail.

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Bail In Criminal Procedure In Washington