Orange California Motion to Release Defendant and Set Reasonable Bond

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State:
Multi-State
County:
Orange
Control #:
US-02735BG
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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 bond 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 second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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How to fill out Motion To Release Defendant And Set Reasonable Bond?

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FAQ

'Not eligible for release' means that the court has determined the defendant must remain in custody. This ruling can stem from a variety of reasons, including the seriousness of charges or flight risk. Exploring options through an Orange California Motion to Release Defendant and Set Reasonable Bond may provide an avenue to seek reconsideration for release.

'Not eligible for release in process' indicates that the defendant cannot be released from custody at that moment. This situation may arise from outstanding warrants or pending charges that prevent the court from granting a bond. Utilizing the Orange California Motion to Release Defendant and Set Reasonable Bond can often clarify these issues and help facilitate a release.

If a defendant needs to post a cash-only bond, there are a few ways to get this done. A family member can post it, the defendant can post it, or a third party can post it. There are some bail bond agencies that work with cash-only bonds. In some cases, it is preferred to work with a bail bond agency.

The only time a Florida bail bondsman can apprehend and arrest you is when you don't show up at your scheduled court date. If you fail to appear in court, the judge can deem your bond forfeited, whether you paid the court in full, or paid a bail bondsman.

Court bonds cannot be cancelled by the principal or the surety. The court has required the bond, and only the court is able to cancel the bond by issuing a release stating the bond is no longer needed.

Once you sign the contract, there is not a way to get out of it, even if it is ruining you financially or you tried to get the defendant to their court dates to the best of your abilities. The only way to be removed from a bail bond contract is if the bail bondsman cancels it for you.

Generally, you'll be booked in at the local county jail and within 24-48 hours appear before a judge. That judge will formally notify you of the charges against you, set a bond for you, and give you a date for your first court appearance. Most of my clients are arrested and charged in Harris County.

Florida Statute Section 907.041(4)(e) requires a prosecutor to file a written motion to revoke bond if the motion is not based on a new arrest. If the Florida prosecutor files a motion for pretrial detention, the judge must set a hearing on the motion within five (5) days of the filing of the motion.

Not only may they bring them to the proper authorities, but they have the right to pursue the fugitive into any dwelling to make the arrest. Because they are not government agents, they are not required to seek out a warrant and may detain the defendant for as long as is necessary to get them to the authorities.

If the judge revokes bond and issues a pretrial detention order, the person will be detained in jail until the conclusion of the case and/or sentence. The person will accrue credit for the amount of time served while in jail pending the outcome of the case.

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Orange California Motion to Release Defendant and Set Reasonable Bond