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Rhode Island Bail and Recognizance Conditions

Rhode Island Bail and Recognizance Conditions

Name: Rhode Island Bail and Recognizance Conditions
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.61 (486 reviews)

Category:

Rhode Island Statewide - Family Court

State:

Rhode Island

Control #:

RI-SKU-0335

Format:

Instant download

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Description

Bail and Recognizance Conditions Rhode Island Bail and Recognizance Conditions are a form of pretrial release, allowing a defendant to be released from custody without having to post bail. This type of release is typically used in misdemeanor cases, as opposed to felony cases where bail is required. There are two types of Rhode Island Bail and Recognizance Conditions: a recognizance and a surety bond. A recognizance is an agreement between the defendant and the court, in which the defendant promises to appear in court as required and abide by any other conditions set by the court. A surety bond is an arrangement in which a third party (typically an insurance company) agrees to pay the full amount of bail if the defendant fails to appear in court. In both cases, the defendant is required to comply with conditions set by the court such as restrictions on travel, drug or alcohol use, or contact with the alleged victim.

Rhode Island Bail and Recognizance Conditions are a form of pretrial release, allowing a defendant to be released from custody without having to post bail. This type of release is typically used in misdemeanor cases, as opposed to felony cases where bail is required. There are two types of Rhode Island Bail and Recognizance Conditions: a recognizance and a surety bond. A recognizance is an agreement between the defendant and the court, in which the defendant promises to appear in court as required and abide by any other conditions set by the court. A surety bond is an arrangement in which a third party (typically an insurance company) agrees to pay the full amount of bail if the defendant fails to appear in court. In both cases, the defendant is required to comply with conditions set by the court such as restrictions on travel, drug or alcohol use, or contact with the alleged victim.

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FAQ

A recognizance is different from a bail bond in that it is a pledge of money and no upfront payment of a cash deposit is required. Historically recognizances were also used by courts of quarter sessions to require a person to attend court and give evidence.

Pursuant to G.L. 1956 § 2-13-10, any balance of bail funds available after the payment of restitution, fines, and costs, or any other assessments issued by any court within the Rhode Island Judiciary, must be refunded to the defendant or the individual who posted the money on behalf of the defendant.

In Rhode Island, the right to bail only exists prior to conviction. There is no right to bail for defendants pending appeal after conviction or defendants pending any other form of post-conviction relief.

Surety bail requires the posting of a percentage of money. In Rhode Island, defendants are required to post 10% of the amount of bail ordered by the judge. For example, if the judge sets bail at $10,000 with surety, the defendant will be required to pay $1,000.

Under Rule 46(g), any individual arrested while on bail for another offense may be held without bail for ten business days (not counting weekends or holidays) and given a bail violation hearing.

Bail Violations in Rhode Island Potential penalties include: Revocation of bail, which leaves the defendant in custody pending trial. Forfeiture of the bond. If bail is revoked because the defendant has committed another crime, the potential for additional prison time.

In Rhode Island, defendants are required to 'Post' 10% of the total value of the bail set by the Judge. Therefore, if the Judge sets bail at $20,000 with surety on a case the defendant must post $2,000 to be granted his release from prison pending trial on the charge.

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Release of accused on secured or unsecured bond or promise to appear; conditions of release. Bail is a means of obtaining the release from jail of a person charged with an offense.Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. Also known as a PR bond, being released on your own recognizance means you promise to appear in court without additional bond conditions. Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. Also known as a PR bond, being released on your own recognizance means you promise to appear in court without additional bond conditions. See above. BO—Bond. Appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance.

Rhode Island Bail and Recognizance Conditions

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Is recognizance same as bail?

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What are the bail conditions in Rhode Island?

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What is a 46g violation in Rhode Island?

What happens if you violate bail in Rhode Island?

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